Request for limitation (of a patent)

The request for limitation of a patent consists of submitting to the competent body (for example, the INPI or the EPO) a voluntary reduction in the scope of the initial claims. This is useful when the title, as issued, appears too broad or vulnerable to an action for annulment. By refocusing the protection on truly new or exploited characteristics, the holder strengthens the validity of the patent and prevents the risk of litigation.

During the procedure, the applicant reformulates or deletes certain claims to specify their scope. The office then verifies that it is indeed a limitation and not an extension (in other words, if they are supported by the patent, see for example for the EPO). Once accepted, the new version applies retroactively: the patent is considered to have always existed with these restricted claims.

This strategy, often adopted in response to a challenge to the validity of the patent in an infringement action, helps to clarify the exact protection granted, in line with the technology actually covered. Thus, the limitation request serves to adapt the patent to the practical needs of the holder and to increase his legal certainty.