Limiting a patent

Are you the proprietor of a patent? You can apply to limit the scope of the claims protected by your patent.

 

Conditions

A limitation application can only concern one patent at a time.

 

The patent must have been granted in order to be limited.

 

Who can apply for a limitation?

The proprietor of the patent entered on the Patents Register.

 

Please note: of the person applying to limit the patent is not the proprietor named on the Patents Register (owing to a transfer, merger, takeover, etc.), it is essential to register the change of ownership on the Patents Register before applying for a limitation.

You should therefore have yourself registered beforehand (or at the same time) as the new proprietor on the register. If the patent was bought and sold several times before you acquired it, you must ensure that all of the previous proprietors were properly registered. If not, you will need to register the ownership transfer contracts.

 

 

Any applicant may be represented by an agent, if they so wish. The agent may be an industrial property consultant, a lawyer, a company or, more generally, any natural person or legal entity.

 

  

 

How to apply for a limitation

You need to complete two copies of the “Application to Update the Register" form and sign both of them.

The form must show the number of the claims being waived.

 

Please note: to facilitate the processing of your application, forms must be completed as legibly as possible. We recommend completing them using a computer and printing them out. 

 

 

Other documents to be supplied

The full text of the amended claims and, if applicable, the description of the designs being modified.

If the patent has been licensed, a copy of the licensee’s authorisation

If the patent has been pledged, a copy of the pledgee’s authorisation.

 

Remember to provide a power of attorney if you are being represented by someone else in this process.

 

  

How much does it cost to update a patent?

17 euros per patent and per update.

 

How to pay

Updates can be paid:

  • in cash, but only at the Office in person
  • by cheque made out to “Trésorerie Générale des Finances” or “T.G.F. “
  • by wire transfer (Bank details).

 

 

Where to submit your update application

Once you have all of the documents needed, you can:

  • Submit them in person at the Office
  • Post them to:

Direction de l’Expansion Economique

Division de la Propriété Intellectuelle

9 rue du Gabian

98000 Monaco

Principality of Monaco

 

Please note: documents cannot be sent by email or fax.

 

After the update application

The Office will examine the update application form. It will check:

  • That the form has been completed
  • That your request is legitimate
  • If appropriate, that the information on the form matches that contained in the supporting documentation
  • If appropriate, that the power of attorney is in order
  • If appropriate, that the supporting documentation has been pre-registered with the Department of Tax Services.

 

The Office will inform you if there is an issue with your application.

 

A notice will be published in the Industrial Property Annex to the Official Journal of Monaco, informing the public of the change to your patent information.

 

Reporting an error