As far as France is concerned, the European patent shall be declared invalid by a court decision on any of the grounds referred to in Article 138(1) of the Munich Convention.
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 European patent, its proprietor is entitled to limit the patent by amending the claims in accordance with Article 105a of the Munich Convention; the patent thus limited constitutes 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.