Special Cases
If opposition proceedings are initiated following the valid lodging of a request for limitation or revocation, the following applies:
- "if revocation is requested, such proceedings are to continue and the patent may be revoked";
- "if limitation of the patent is requested, limitation proceedings are terminated". The limitation fee is reimbursed in this case.
A requester may request to restrict the claims with respect to one or more, but not all, Contracting States. The limitation would then result in claims being different in different Contracting States. This may however only be done in some special cases, one of them being in order to avoid conflict with national prior rights (a national prior right is a national patent filed before the filing date - or priority date - of the European patent subject to the limitation procedure but published after the filing date - or priority date - of the European patent).
Read more about this topic: Limitation And Revocation Procedures Before The European Patent Office
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