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PACTE Law

Guidelines for the new patent opposition procedure in France (5/5): Decision & Appeal

By Stéphanie CELAIRE, Partner and Henri BOURGEOIS, French & European Patent Attorneys
CELAIREBOURGEOIS.png The five-part series dedicated to the publication of the complete guidelines on the patent opposition concludes by addressing the final decision rendered by the opposition committee and outlining options following the opposition proceeding.
Published on: 19th April 2021

Guidelines for the new patent opposition proceduree in France (4/5): Oral Phase

By Henri BOURGEOIS, French & European Patent Attorney
BOURGEOIS_SEARCH.jpg The five-part series of articles dedicated to the publication of the complete guidelines on the patent opposition procedure continues. This fourth article of the series is dedicated to the oral phase, which is the culmination of the investigation phase of the opposition.
Published on: 31th March 2021

Guidelines for the new patent opposition procedure in France (3/5): Investigation phase

By Henri BOURGEOIS, French and European Patent Attorney
BOURGEOIS_SEARCH.jpg The five-part series of articles dedicated to the publication of the complete guidelines on the patent opposition procedure continues. This third article is dedicated to the investigation phase, the heart of the opposition procedure.
Published on: 16th March 2021

Guidelines for the new patent opposition procedure in France (2/5): Filing and admissibility

By Henri BOURGEOIS, French & European Patent Attorney
BOURGEOIS_SEARCH.jpg In January 2021, the French Patent Office published its comprehensive guidelines on the patent opposition procedure. On this occasion, Regimbeau publishes a series of articles. This second article of the series is dedicated to the preliminary stages of the opposition including the opposition filing and subsequent admissibility phase.
Published on: 2nd March 2021

Guidelines for the new patent opposition procedure in France (1/5): Fundamental principles

By Stéphanie CELAIRE, Partner and Henri BOURGEOIS, French & European Patent Attorneys
CELAIREBOURGEOIS.png In January 2021, the French Patent Office published its comprehensive guidelines on the patent opposition procedure. On this occasion, Regimbeau publishes a series of articles. This first article of the series provides an introduction and general overview of the opposition procedure.
Published on: 18th Feb 2021

Implementation of the E.U. "Trademark reform package" in France: the French TM Office now competent to invalidate or revoke Trademark registrations

By Carole ADJADJ, French & European Trademark and Design Attorney.
v3783-Carole ADJADJ.jpg As of April 1, 2020, requests for invalidity or revocation of trademarks which had been brought before the judicial courts prior to this date, now fall within the purview of the INPI and become administrative and purely electronic procedures.
Published on: 21th April 2020

PACTE Law: Opposition to patents

By Stéphanie CELAIRE, Partner and French & European Patent Attorney, and Henri BOURGEOIS, French & European Patent Attorney.
CELAIREBOURGEOIS.png The 2019 PACTE Law will deeply modify several fundamental aspects of the French patent law. One of the flagship measures in this area is undoubtedly the creation of patent opposition proceedings before the French IP Office, with the right to appeal before the Paris Court of Appeal.
Published on: 17th March 2020

PACTE LAW: changes relating to Utility Certificates and establishment of a provisional patent application

By Stéphanie CELAIRE, Partner
Celaire_search.jpg The PACTE Law of 2019 will result in substantial changes to several fundamental aspects of French patent law. This law extends the term of protection conferred by utility certificates and establishes a provisional patent application. When developing your industrial property strategy, these provisions should be considered as a package deal along with the examination of inventive step of patent applications and new opposition proceedings.
Published on: 10th Feb 2020

PACTE law: changes relating to examination of French patent applications

By Henri BOURGEOIS, French & European Patent Attorney.
BOURGEOIS_SEARCH.jpg The PACTE law of 2019 will result in substantial changes to several fundamental aspects of French patent law. Concerning the examination of French patent applications, in addition to the key measure that is examination of inventive step, several existing grounds of rejection are being reinforced and a new ground of rejection for extension beyond the content of the application as-filed is being introduced. Provisions concerning national security are also modified.
Published on: 4th Feb 2020

PACTE law and trademarks. Ready - On your mark - Go!

By Evelyne ROUX, Partner.
ROUX_SEARCH_2013.jpg – Law no. 2019-486 of May 22, 2019 relating to business growth and transformation, known as the “PACTE Law,” has finally kept its promises regarding the provisions relating to trademark law. Ordinance No. 2019-1169 of November 13, 2019, implementing decree N°2019-1316, the order relating to fees of the same day, and two INPI decisions Nos. 2019-157/158 will significantly modify French trademark law, while also bringing it into conformity with European law.
Published on: 4th Feb 2020

PACTE Act : What will change for your Industrial Property in France ? When ?

By Stéphanie CELAIRE, Partner
Celaire_search.jpg The PACTE Act for the Business Growth and Transformation Action Plan was published in the Official Journal on May 23, 2019 (Law No. 2019-486 of May 22, 2019). This text embodies the flagship economic reform of the government of Emmanuel Macron, led by the Minister of Economy, Bruno Le Maire. Its primary objective is to improve the growth of small and medium-sized French businesses.
Published on: 18th Jul 2019

Unitary Patent

Whether or not to opt out of the competence of the unified patent court: another issue for european patent owners

Par Frédérique DURIEUX et Stéphanie MASSIN CELAIRE, French and European Patent Attorneys
DURIEUX_CELAIRE.png The Unified Patent Court will have exclusive competence for all European patents, as well as for supplementary protection certificates (SPCs) granted for a product protected by a European patent. If this exclusive competence is obligatory for European patents with unitary effect, it will be possible, during a transitional period, to opt out of the UPC’s exclusive competence for European patents not benefiting from the unitary effect. European patent owners should therefore start thinking about their opt-out strategy now.
Published on: 21th April 2022

European patent with unitary effect: soon it will be time to choose !

By Frédérique DURIEUX and Stéphanie CELAIRE, French & European Patent Attorneys
DURIEUX_CELAIRE.png The European patent with unitary effect will come into force in a few months. Now is therefore time for applicants for European patents to define their strategy.
Published on: 1st March 2022

European patents with unitary effect | Unified Patent Court: Toward a start in the first half 2022?

By Jean-Robert CALLON DE LAMARCK, Managing Partner
CALLON_SEARCH.jpg A few days ago (decision of June 23, 2021, published on July 9), the German Constitutional Court rejected two preliminary injunctions which had been filed against a new act of approval voted by Parliament, on the grounds that the plaintiffs did not demonstrate the violation of their fundamental interests.
Published on: 12th Jul 2021

Unified Patent Court - the German federal Constitutional court has finally issued its decision regarding the ratification process in Germany

By Sylvain THIVILLIER Partner and French & European Patent Attorney and Henri BOURGEOIS, French & European Patent Attorney.
On Friday March 20, 2020, the German Federal Constitutional Court issued its decision relating to the appeal filed against the German Act of Approval of the Unified Patent Court (“UPC”), and ruled that the vote at the German Parliament in favour of the ratification was not valid.
Published on: 23th March 2020

European Patent Office : Patentability of inventions involving Artificial Intelligence

By Matthieu OBJOIS, Senior Associate.
OBJOIS_SEARCH.jpg By decision of the President of the European Patent Office (EPO) dated 25 July 2018 and pursuant to Article 10(2) EPC, the Guidelines for Examination have been amended in accordance with the policy of the EPO which provides for their revision on an annual basis. These Guidelines indicate the practices and procedures to be followed by both Applicants and Examiners, and are a useful tool for monitoring the evolution of EPO policy.
Published on: 4th Oct 2018

AI

Protection of Trade Secrets : Law No. 2018-670 of July 30th, 2018

By Christian Texier, Partner.
C.Texier 65x65.jpg Law No. 2018-670 of July 30th on the “Protection of Trade Secrets” was published in the Official Gazette, No. 0174 on July 31st 2018.
Published on: 25th Sept 2018

Proposal from the European parliament and council on copyright for a directive in the single digital market. Rejection or substantive debate coming?

By Christian TEXIER, Partner.
C.Texier 65x65.jpg It has been widely reported in the press in recent weeks that a proposal for a European Copyright Directive was rejected by the European Parliament on July 5th, 2018. What does this mean exactly?
Published on: 25th Sept 2018