Definition
An appeal for annulment is an appeal filed against a decision of the INPI president (grant, rejection, or maintenance of a patent), where the person filing the appeal considers that the decision should not have been made (L411-4 IPC, second paragraph).
Implementation of the Appeal
Competent Jurisdiction
The appeal for annulment must be filed before the Paris Court of Appeal (L411-4 IPC, second paragraph together with D411-19-2 IPC), which has exclusive jurisdiction in patent matters.
Person Filing the Appeal
Any interested party may file the appeal (R411-24 IPC).
Of course, if the proprietor or the applicant is not the person filing the appeal, they are summoned to the proceedings by registered letter with acknowledgment of receipt (R411-24 IPC).
Parties to the Proceedings
Since the appeal is directed against the decision of the INPI president and not against the president personally, the president is not a party to the proceedings.
Therefore, they cannot be ordered to pay costs under Article 696 CCP (Cass. com., December 13, 1994, No. 93-11643), nor (consequently) under Article 700 CCP.
Time Limit
Principle
The time limit for filing an appeal is 1 month (R411-20 IPC), extended to 2 months when the defendant is abroad (R411-20 IPC together with 643 CCP).
Extension of the Time Limit for Filing a Judicial Appeal?
Usually, a request for reconsideration allows for an extension of the time limit to file a judicial appeal: the time limit for filing an appeal then begins from the date of the decision rejecting the request for reconsideration (Council of State, October 7, 2009, No. 322581).
However, this does not appear to be the case here (INPI Examination Guidelines, I-E 3.1).
Indeed, it should not be forgotten that the judicial appeal available against decisions of the INPI director is a judicial appeal and not an administrative appeal (L411-4 IPC): therefore, the administrative case law on extension does not appear to be applicable.
Obligation to be Represented?
During this procedure, it does not appear mandatory to be represented by an attorney (R411-25 IPC), although it remains possible.
Form
The appeal is filed by a declaration submitted or sent in duplicate to the registry of the Court of Appeal (R411-21 IPC).
The INPI president may then submit any observations, if they wish (R411-23 IPC).
The declaration must imperatively include (R411-21 IPC):
- if the appellant is a natural person:
- surname,
- first names,
- profession,
- domicile,
- nationality,
- date and place of birth;
- if the appellant is a legal entity:
- its legal form,
- its name,
- its registered office, and
- the body that legally represents it;
- the date and subject of the contested decision;
- the name and address of the proprietor of the title or the applicant, if the appellant is not one of these persons;
- a copy of the decision;
- the grounds relied upon (even if the appellant has one month to submit them to the registry).
Appeal to the Supreme Court
The judgment of the Court of Appeal may be subject to an appeal to the Supreme Court (L411-4 IPC, second paragraph).
The appeal to the Supreme Court is open to both the INPI and the appellant (L411-4 IPC, second paragraph).
The time limit for the appeal is 2 months (612 CCP) from the notification of the judgment to the appellant and the INPI (641 CCP together with 678 CCP, third paragraph).