Industrial Property Law

The INPI's director general makes a decision on the opposition at the end of an adversarial procedure which includes an examination phase (Art. L. 613-23-2, para. 1, IP Code), comprising four stages (art. R. 613-44-6 IP Code):
- A phase of obtaining information and seeking the opinion of the patent proprietor. The INPI's director general will immediately notify the patent proprietor of the opposit …

Examination

The INPI's director general makes a decision on the opposition at the end of an adversarial procedure which includes an examination phase (Art. L. 613-23-2, para. 1, IP Code), comprising four stages (art. R. 613-44-6 IP Code):

- A phase of obtaining information and seeking the opinion of the patent proprietor. The INPI's director general will immediately notify the patent proprietor of the opposition. Within a specified time-limit, the proprietor may submit observations in response to the opposition, or propose an amendment to the patent and, if necessary, appoint a representative.

- A phase in which the INPI prepares the notice of examination. Within three months at the latest of the expiry of the time-limit set for the proprietor, the INPI's director general notifies the parties of a notice of examination drawn up on the basis of the information provided by the parties. A time-limit is set for the parties to submit their observations or, in the case of the patent owner, to propose amendments to the contested patent. This notification is accompanied, where relevant, by the patent owner's observations or proposed amendments to the patent.

- A written phase. On expiry of the time-limit set during the preparatory phase, the parties are notified of their observations or the proprietor's proposed amendments in response to the notice of examination. They are given a deadline within which to submit their observations in response or, in the case of the proprietor, to propose new modifications to the patent. If at least one of the parties fails to respond, notification is sent to the other party at the end of this time-limit.

- An oral phase. Each party may, in its written observations, request to be heard orally. The director general may also invite the parties to present oral testimony without prior request, if this is deemed necessary for the purposes of the examination. At the end of the written phase, the parties are brought together to present their observations, in accordance with the terms set out in the director general's decision.

The examination phase may be suspended at the request in writing of any person establishing that an action to claim ownership of the patent has been brought, or that, on the date on which the opposition is filed, a request for invalidity of the patent has been made (Article R. 613-44-10, 1° IP Code). It resumes at the initiative of one of the parties, who forwards to the INPI a judgment ruling on the ownership claim or invalidity which has become res judicata (Art. R. 613-44-11, para. 1, IP Code). The INPI may also suspend the examination phase, pending information or factors likely to have an impact on the outcome of the opposition or the situation of the parties (Article R. 613-44-10, 2° IP Code). Lastly, the opposition may be suspended at the joint request of all parties, for a period of four months, renewable twice (Art. R. 613-44-10, para. 2, IP Code). It resumes at the request of one of the parties or, where applicable, on expiry of the time limit (Art. R. 613-44-11, para. 2, IP Code).

The INPI notifies the parties of the suspension ruling and the resumption of the procedure, indicating a start date (Art. R. 613-44-11, paras. 3 and 4, IP Code). If the scope of the patent has been amended, the opponent is invited to submit a new declaration within a timeframe set by the INPI.

Industrial Property Law

351. Examination

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

351. Examination

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise