The comments of third parties are provided in the article L612-13 CPI, paragraph 3.
Identification of the observer
There does not seem to be any obligation to identify the observer.
The third party may submit an observation as from the publication of the patent application (L612-13 CPIparagraph 3) and for a period of 3 months after the publication of the RRP (R612-63 CPI paragraph 1, together R612-62 CPI).
If an observation is submitted after the deadline, it must be declared inadmissible (R612-65 CPI).
Content and form
- cite the relevant documents;
- cite the relevant passages of the documents (page, column, line or figure) with reference to the claims;
- contain an opinion concerning patentability within the meaning of Articles L611-11 CPI and L611-14 CPI (L612-13 CPIparagraph 3).
The documents quoted must be attached (R612-63 CPI) except in the case of patents (nevertheless, foreign patents may be requested by the INPI and the applicant then 2 months) to produce them).
If the observation of third parties is transmitted to the applicant, he may respond to it within a period of 3 months renewable once 3 months (but he is not obliged, R612-64 CPI).
This response may consist of observations and / or new claims (R612-64 CPI).
If the observation of third parties reveals a document obviously affecting the novelty of the claimed invention, the INPI draws up a preliminary preliminary search report (INPI Examination Guidelines, IC IX).