French Intellectual Property Code
In forceThe request for renunciation or limitation shall be made by a written declaration. Subject to its admissibility, it may be presented by the proprietor of the patent at any time, even when the effects of the patent have ceased.
The request must, in order to be admissible:
1° Emanate from the proprietor of the patent entered, on the day of the request, in the National Patent Register, or from his agent, who, unless he is an industrial property attorney or a lawyer, must attach to the request a special power of attorney for renunciation or limitation.
If the patent belongs to several persons, the renunciation or limitation may only be made if it is requested by all of them;
2° Be accompanied by proof of payment of the prescribed fee;
3° Cover only one patent;
4° Be accompanied, if rights in rem, pledges or licences have been entered in the National Patent Register, by the consent of the holders of such rights;
5° Be accompanied, where limitation is required, by the full text of the amended claims and, where applicable, the description and drawings as amended.
6° Where applicable, be submitted, where limitation is required, after publication of the new patent specification certifying compliance with the partial revocation or cancellation decision pursuant to Article R. 612-73.
When limitation is requested, if the amended claims do not constitute a limitation in relation to the earlier claims of the patent or if they do not comply with the provisions of Article L. 612-6, reasoned notification shall be given to the applicant. The applicant is given a period in which to rectify the situation or submit observations. In the absence of regularisation or observations enabling the objection to be removed, the request is rejected by decision of the Director General of the National Institute of Industrial Property.
Waivers and limitations are entered in the National Patent Register. A notice of entry shall be sent to the applicant for the renunciation or limitation.
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