Industrial Property Law

The director general of the INPI decides on the opposition in the light of all the written and oral observations submitted by the parties as well as the latest patent amendment proposals submitted by the patent owner. The parties are notified of the decision ruling on the opposition. It is entered in the national patent register (Art. R. 613-44-7 IP Code).

That decision, which has the effect of a judgment within the meaning of Article L. 111-3 of the Civil Enforcement Proceedings Code is enforceable (Art. L. 613-23-2, para. 2, IP Code). The parties may lodge an appeal for its reversal, which has suspensive effect (Art. L. 411-4, para. 2, and R. 411-19, para. 2, IP Code).

Opposition is deemed to have been rejected if the INPI director general has not taken a decision within the four-month deadline following the end of the examination phase, as notified to the parties (Art. L. 613-23-2, para. 3, and R. 613-55-8, para. 1, IP Code).

The opposition decision may be appealed to the Court of Appeal (Art. L. 411-4, para. 2, and R. 411-19, para. 2, IP Code). The INPI director general is not a party to the proceedings (Art. R. 411-23, para. 1, IP Code). The Court of Appeal rules after having heard or given the director general the opportunity to present written or oral observations (Art. R. 411-23, para. 2, IP Code). The director general may file an appeal with the Court of Cassation against decisions of the Court of Appeal ruling on appeals against his or her decisions (Art. L. 411-4, al. 4, IP Code).

352. Decision of director of INPI