COVID-19 and OPPOSITION IN FRANCE
In the present context, Santarelli remains attentive to protecting and defending your intellectual property rights, and to advising you as to the intellectual property strategy adapted to your company and to external events. We are also constantly vigilant concerning the latest developments in patent matters, both in our country and abroad.
COVID-19: Impact on the world of patents
Many IP offices around the world have adopted measures in response to the COVID-19 pandemic. For example:
- in Europe, France, the United Kingdom and South Korea, the offices have extended deadlines without any special conditions.
- in the United States, China and Japan, the offices are proposing particular measures for those directly affected by the virus.
We are in continuous communication with our foreign colleagues to monitor the development of these measures on a daily basis. Please contact us if you would like further information.
PACTE LAW: New opposition procedure in France
Under the PACTE law, a new opposition procedure came into force on 1 April 2020 in France. Here is a brief overview of this new procedure, which is fairly similar to the European procedure.
Purpose and interest
- petition the French IP Office (INPI) for full or partial revocation of a French patent that does not meet the conditions for grant (and could constitute an obstacle to your company!)
- fast and cost-effective procedure
Which patents? All French patents granted as of April 1st, 2020.
When? Within 9 months of grant.
How? By filing a Notice of Opposition setting out the grounds, and by paying the opposition fee (€600).
Which grounds? Patentability exclusion, lack of novelty or inventive step, insufficiency of description, extension of the subject matter beyond the content of the initial application.
It is an adversarial procedure, allowing the parties (holder and opponent(s)) a fair hearing as to the validity of the opposed patent. It includes three successive phases:
We remain at your disposal to advise and accompany you at every stage, from studying a competitor’s patent, to preparing / filing the opposition, to the final decision.