EPO Post Grant Central Limitation: A Useful Tool For Patent Owners

Once a patent is granted by the European Patent Office (EPO), it becomes a bundle of national patents. As a result when looking to amend a European patent after grant, despite attempts to harmonise national patent laws and practice, different countries may have different requirements as well as fees for making changes to the patent in those states.

The revision of the European Patent Convention (EPC) in December 2007 introduced Article 105a EPC and a relatively quick, cost effective and straightforward centralised procedure at the EPO to amend a European patent in all validated states after grant.  In this respect the patentee may limit the scope of their European patent at any given time after grant, except when the patent is being opposed or appealed at the EPO.