Patents in France

Let’s dive right in: in this guide, we’ll explore how to obtain a patent in France, how to avoid having it invalidated before French courts (or, conversely, how to invalidate your competitors’ patents), and how to use it to prevent any infringement.

I wish you an excellent read of the guide « Patents in France. »

Here are some useful links:

• The French Intellectual Property Code (or CPI);
• The INPI’s patent case law search database.

Happy browsing!

Unitary Patents

As unitary patents are soon to become a reality, we are opening a new section on this blog.

Here are some reference documents that will be useful to you:

• The Agreement on a Unified Patent Court;
• The procedural rules of the Unified Patent Court (18th draft) (in English – not final).

Happy browsing!

PCT Applications

Let’s open a new file: PCT applications.

The Patent Cooperation Treaty, or PCT, is an attempt to simplify patent filing procedures, particularly when the applicant seeks patent protection in numerous countries.

With a so-called ‘PCT’ application, a single filing serves as a filing in all designated countries.

This system does not grant a patent as such: only the initial stages of the procedure are conducted at the international level, while grant remains within the national or regional jurisdiction of each state.

Here are two resources that will be invaluable as you read further:

• The Patent Cooperation Treaty.
• The Regulations under the PCT. This document serves as a type of implementing regulation (comparable to a French decree).

Happy reading!

Patents in Europe

The patent mechanisms in Europe are quite complex and need to be explained to be properly understood.

That is my (humble) goal!

I wish you an excellent read of the dossier « Patents in Europe« .

I will immediately point you to certain resources that will be of great help as you read through:

• The European Patent Convention (or EPC).
  • This convention was significantly updated in 2007 to comply, in particular, with another treaty, the PLT (and a major renumbering of the articles was carried out);
  • In addition, minor updates are made regularly: the last one dates from 2013;
• The Implementing Regulations of the EPC.
  • This document is a kind of implementing decree (if we were to draw a parallel with French law);
• The Rules relating to Fees (or RF) (OJ 3/2012, RF supplement);
• The « Schedule of Fees and official fees of the EPO (applicable as from 1 April 2012)« , (OJ 3/2012, SOF supplement);
• The Transitional Provisions related to the introduction of the EPC 2000;
• The Guidelines for Examination practiced at the European Patent Office;
• The Rules of Procedure of the Boards of Appeal (OJ 1/2013, RPBA supplement);
• The Rules of Procedure of the Enlarged Board of Appeal (OJ 1/2013, RPEBA supplement);
• The « Regulations on Current Accounts » (or RCC) and « Regulations on the Automatic Debiting Procedure » (or ADP) (OJ 3/2015, supplementary publication);
• The latest WIPO-EPO agreement concerning the EPO as ISA, SISA, IPEA (OJ 2010, 304);
• The national laws relating to the EPC.

Happy browsing!