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SPC : The End of Neurim ?

Nicolas BOUQUIN, French & European Patent Attorney and Anne BOUTARIC, Partner and French & European Patent Attorney
Bouquin_Boutaric_small.jpg The Court of Justice of the European Union issued this Thursday its judgement in Santen (C-673/18, Santen SAS / Directeur général de l'Institut national de la propriété industrielle), a decision with very important implications for all actors in the pharma sector.
Published on: 13th Jul 2020

SPC

A conflict? A relational difficulty? Think mediation!

Frédérique FAIVRE PETIT, Partner, French Patent Attorney & European Patent Attorney
Faivre-Petit_search.jpg Are you an entrepreneur, a head of service, a project coordinator? You need to dedicate yourself to the recovery and development of your activity. You do not have enough time available to settle conflicts, disputes or litigations, more or less important, potential or occurring as a part of your activities. You wish to avoid initiating a legal action.
Published on: 22th Jun 2020

G3/19: Products exclusively obtained by an essentially biological method finally excluded from patentability

Philippe BESSIERE, French & European Patent Attorney
BESSIERE_SEARCH.jpg G3/19 concerns a referral to the Enlarged Board of Appeal by the President of the European Patent Office (EPO) following decision T1063/18 (Pepper) by a Board of Appeal which concluded that Rule 28 (2) EPC, prohibiting the grant of a European patent for plants obtained exclusively by an essentially biological process, was in conflict with the previous interpretation of Article 53 (c) EPC by the Enlarged Board of Appeal in decisions G 2/12 and G 2/13 (Brocoli / Tomato).
Published on: 3rd Jun 2020

International Model: 1 registration for 74 territories

Caroline HUGUET, French and European Trademark and Design Attorney
0743-C.HUGUET.jpg Designs, reflecting quality and commitment to innovation have become the new weapon of business competition, even becoming, at times, a means of identification in the same way as a trademark. Their role in the economics of numerous companies has become highly important and therefore, protection should not be overlooked.
Published on: 25th May 2020

EPO extends possibility of oral proceedings by videoconference to opposition proceedings

By Jerôme COLLIN, Partner, French & European Patent Attorney.
Collin_search.jpg It has been possible to hold oral proceedings by videoconference at the EPO since 1998. This has opened an interesting possibility for applicants and their representatives, allowing applicants to attend the oral proceedings without having to travel to the premises of the EPO. Regimbeau has been using this possibility routinely for years.
Published on: 30th April 2020

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

IP management in times of crisis: what priorities? REGIMBEAU by your side during this critical period of COVID 19

In this period of global health crisis, REGIMBEAU remains your partner in all areas that make up its core business: industrial and intellectual property, new technologies law, data protection ...
Published on: 20th April 2020

Personal Data and "Covid-19 Alert"

By Aleksandra THÉLOT, Intellectual Property Lawyer
THELOT_SEARCH.png In a press release available on the CNIL website (click on the image), the French Commission recalls the legal basis which allowed the “Covid-19 Alert” text message to be sent to French citizens on March 17th.
Published on: 25th March 2020

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

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

AI Inventors: the European Patent Office sets the record straight in the DABUS decision.

By Matthieu OBJOIS, Senior Associate, and Lucas ROBIN, Patent Engineer.
After a long-awaited oral procedure, the EPO logically indicated that only natural persons could be designated as inventors in a European patent application, even if artificial intelligence algorithms were involved.
Published on: 4th Feb 2020

AI

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 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

BREXIT but no panic! You will have still time to make a decision!

By Evelyne ROUX, Partner.
ROUX_SEARCH_2013.jpg After years of discussions and political battles, the UK leaves the EU on February 1, 2020. However this departure will not have any immediate impact on EU trade marks or designs. A transitional period until at least December 31, 2020 has been fixed during which all the EU rules will still be applied to the UK without any amendments. All EU rights (trademarks and designs) will continue to have effect in the UK, and all proceedings before the EUIPO will continue as before.
Published on: 1st Feb 2020

CRISPR/CAS9 failed to edit EPO priority entitlement case law

By Nicolas BOUQUIN, French & European Patent Attorney and Lucile VERNOUX French & European Patent Attorney
VERNOUXBOUQUIN.PNG In a new twist in the CRISPR/Cas9 saga, European patent EP 2 771 468 was revoked in appeal on 16 January 2020 (T 0844/18). This patent covers an important aspect of the technology and its use in eukaryotes.
Published on: 28th Jan 2020

The NEURIM approach may be restricted or even dismissed. Once again, an advocate general recommends a reversal of jurisprudence. What will the Court's position ultimately be?

By Anne BOUTARIC, Partner.
BOUTARIC_SEARCH.jpg The NEURIM decision opened the possibility to grant SPC for subsequent therapeutic indications of a known active ingredient. This decision, comprising indefinite concepts subject to interpretation, has undermined the objective that Regulation No 469/2009 is uniformly implemented within the European Union. Three requests for a preliminary ruling have since been lodged at the Court of Justice of the European Union leading to the Abraxis judgment delivered on March 21, 2019 and to the Santen case, C-673/18, in progress, in which the Advocate General delivered its opinion on January 23, 2020. The third further pending referral is the Novartis case, C-354/19.
Published on: 28th Jan 2020

SPC

International model: 1 registration for 73 territories

By Caroline HUGUET, French & European Trademark and Design Attorney.
0743-C.HUGUET.jpg Designs, reflecting quality and commitment to innovation have become the new weapon of business competition, even becoming, at times, a means of identification in the same way as a trademark. Its role in the economics of numerous companies has become highly important and therefore, protection should not be overlooked.
Published on: 19th Dec 2019

Trademarks: 1 Registration for 106 member states and 122 territories: Malaysia has joined the International trademark system

By Evelyne ROUX, Partner.
ROUX_SEARCH_2013.jpg From its creation, or at the latest from the start of negotiations with foreign partners, overseas Trademark protection must be considered by trademark owners. After Brazil (2 October 2019), it is the turn of Malaysia to join the international trademark sys-tem as of 27 December 2019. Given its wide geographical coverage and simplicity, this system is becoming more and more adapted to worldwide business development strategies.
Published on: 30th Oct 2019

Data in the sports sector

By Aleksandra THÉLOT, Intellectual Property Lawyer
THELOT_SEARCH.png “Reach for Gold,” the World Intellectual Property Day campaign last April dealt with the world of sport. Through sport, companies can convey their desire to embrace the values of adventure, humility, pugnacity, and innovation to the general public, collaborators, and customers.
Published on: 6th Sept 2019

Trademarks: 1 registration for 105 member states and 121 territories: Brazil has joined the international trademark system

By Evelyne ROUX, Partner.
ROUX_SEARCH_2013.jpg From its creation, or at the latest from the start of negotiations with foreign part-ners, overseas Trademark protection must be considered by trademark owners. After Canada (17 June 2019), it is the turn of Brazil to join the international trade-mark system as of 2 October 2019. Given its wide geographical coverage and simplicity, this system is becoming more and more adapted to worldwide business development strategies.
Published on: 26th Aug 2019

One year of GDPR

By Franck DELAMER, French Patent Attorney.
Delamer_search.jpg The GDPR has been in force for one year. Many companies have initiated compliance processes. The CNIL has made some notable decisions, mainly sanctioning the non-respect of key principles (existing under the previous Computer and Freedom law). The CNIL continues its work in verifying that the principles of these texts are respected, while announcing in parallel a new text regarding cookies.
Published on: 1st Aug 2019

Press room

IP STARS 2020 Ranking

Managing Intellectual Property (MIP) magazine has published the results of its annual survey, which identifies the best patent practitioners around the world. Once again in 2020, REGIMBEAU has been ranked in the top tier firms in France for the “Patent Prosecution” category. Earlier this year, Regimbeau has also been recognized for its expertise in Trademarks.
Published on: 30th Jun 2020