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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

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

Protect your data in 5 lessons

By Aleksandra THÉLOT, Intellectual Property Lawyer.
THELOT_SEARCH.png Between 2017 and 2018, approximately 70% of the National Commission on Informatics and Liberty’s public decisions financially sanctioned the breach of a controller's security and confidentiality obligations. The obligation to ensure security is one of the key principles of the processing of personal data of Act n°78-17 of January 1978 on Information Technology, Data files and Civil liberties. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) reinforces this principle. Data security is therefore a major issue to be considered in the governance of IT tools and systems.
Published on: 7th Jun 2019

What impact does a no deal as of March 30, 2019, have on data?

By Aleksandra THÉLOT, Intellectual Property Lawyer.
THELOT_SEARCH.png Following the rejection of the negotiated agreement to leave the European Union by British MPs on January 15, 2019, and as highlighted in the article published by REGIMBEAU , the most likely scenario is the ‘no deal’: a withdrawal without an EU agreement. The EU exit procedure is due to be completed on March 29, 2019, but until that date the United Kingdom remains a Member State of the European Union.
Published on: 5th Jun 2019

Opinion on the patentability of your invention by the 5 IP5 Offices. It's now possible at the international stage!

By Soizic GUINDEUIL, Senior Associate.
Guindeuil_search.jpg The IP5 offices have launched a collaborative search and examination pilot project to provide a written opinion on the patentability of an invention by these five offices, as early as the international stage, and thus without waiting for the initiation of national phase examination procedures.
Published on: 22th May 2019

Trademarks: 1 registration for 104 member states and 120 territories: Canada will join the International Trademark System.

From its creation, or at the latest from the start of negotiations with foreign partners, overseas Trademark protection must be considered. it is now the turn of Samoa to join the international trademark system as of 17th June 2019. Given its wide geographical coverage and simplicity, this system is becoming more and more adapted to worldwide business development strategies.
Published on: 3rd May 2019

Breaking News : the question of the patentability of plants/animals obtained exclusively by means of an essentially biological process has once again been referred o the EPO's enlarged board of appeal!

By Gabrielle FAURE-ANDRE and Philippe BESSIERE, French and European Patent Attorneys.
GAFPB.PNG It is now official: the President of the European Patent Office (EPO), António Campinos, has done what he said he would do… in asking, once again, the EPO’s Enlarged Board of Appeal to rule on the patentability exclusion introduced into new Rule 28(2) EPC.
Published on: 19th April 2019

FICPI Position on Patent Law Harmonisation

Article co-authored by Jérôme COLLIN, Partner.
Collin_search.jpg FICPI was invited to a recent B+ Sub-Group meeting on 26 September 2018 to present its position on the three main patent law harmonisation topics currently under consideration: grace period, prior user rights, and conflicting applications.
In June, 2018 FICPI passed a resolution on conflicting applications and adopted an extensive position paper on these key harmonisation topics.
This article provides a brief background to FICPI’s consideration of these topics and summarises the positions reached.
Published on: 18th March 2019

Anti-counterfeiting fight : a strengthened and more focused customs strategy

By Anne CHANTELOUP, Intellectual Property Attorney.
CHANTELOUP_SEARCH.jpg On October 1st, the Ministry of Justice and the Director of Criminal Affairs and Pardons sent a document presenting the new strategy of the Directorate General of Customs and Excise (DGCE) in the fight against counterfeiting to judicial authorities.
Published on: 6th March 2019

Agenda

Paris
27
FEB

Techinnov 2020

Participation of Anne-Laure DELEUZE at Techinnov 2020.

Press room

Immunowatch

Discover an extract from the Immunowatch, published by our partner Mabdesign, and which contains an article written by Raphaëlle GILLET and Nicolas BOUQUIN, about Protecting Therapeutic Antibodies.
Published on: 25th Feb 2020