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France's State Industrial Property Office receives patent objections directly

2020-08-02

As of April 1,2020, one can submit a request directly to the French State Industrial property Office (INPI) to invalidate a French patent.

 

 Earlier, such objections had to go through the Paris Court (Court of Paris) proceedings, which had brought a series of drawbacks. For example, the challenge request is reviewed by a judge who lacks background knowledge and requires a lawyer to represent the client for specific business. These legal procedures, although relatively short, are also an obstacle.

 

 A new procedure (similar to that of the European Patent Office), whereby a request for objection is made directly to the INPI, would not create such a disadvantage.

 

 On or after April 1,2020, a French patent may be challenged within nine months of being made public. Dissent will be handled by INPI officials with technical background and experience in reviewing numerous patents in related fields. Duration of dissent will be limited so that INPI officials can make quick decisions.

 

 In view of the above, the parties concerned should be kept abreast of the granting of French patents in specific technical areas related to their innovation.

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