The patent is declared invalid by court decision:
a) If its subject matter is not patentable under the terms of Articles L. 611-10, L. 611-11 and L. 611-13 to L. 611-19;
b) If it does not set out the invention clearly and completely enough for a person skilled in the art to be able to carry it out;
c) If its subject matter extends beyond the contents of the application as filed or, where the patent has been granted on the basis of a divisional application, if its subject matter extends beyond the contents of the original application as filed;
d) If, after limitation or opposition, the scope of the protection conferred by the patent has been increased.
If the grounds for invalidity affect the patent only in part, invalidity shall be declared in the form of a corresponding limitation of the claims.
In an action for invalidity of the patent, its proprietor shall be entitled to limit the patent by amending the claims; the patent thus limited shall constitute the subject matter of the invalidity action brought.
A party who, during the same proceeding, proceeds to several limitations of its patent, in a dilatory or abusive manner, may be ordered to pay a civil fine of a maximum amount of 3,000 euros, without prejudice to any damages that may be claimed.