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Patents in France
Case file overview
Let’s dive right in: in this guide, we will explore how to obtain a patent in…
Patent Grant Procedure
Filing an Application
Persons Eligible to File an Application
Filing Location and Methods
Obtaining a Filing Date
Filing Requirements
Some Specific Filings
Divisional Applications
Provisional Patent Application
Patents filed by an 'unauthorized' person
National Defense and Authorization
Prior Art Search
Publication and Provisional Protection
Examination of the Application and Grant of a Patent
Cross-cutting issues
Priority
Third-party observations
Unity of Invention
Procedural Rules
Error Corrections
Official Fees
Expedited Procedure
Deadline Calculation
Payment of Annual Official Fees
Restoration of Rights Despite a Lapse
Continuation of Proceedings
Restoration Appeal
Patentability Requirements
Concept of Invention
Industrial Application
Exclusions from Patentability
Novelty
Inventive Step
Sufficiency of Disclosure and Drafting Rules
Claims and Clarity
Extension Beyond the Content as Filed
Extension of Protection After Grant
Opposition
Appeal for Annulment
Administrative Appeal
Limitation and Disclaimer
Assignment, modification and establishment of rights
MA Marketing Authorization and SPCs
Employee Inventions
Replacement of a French patent by a European patent
Conditions for the Validity of a Patent
Enforcement of One's Rights
Types of Infringement
Infringement Acts
Proof of Infringement
Infringement Action
Infringement action and standard-essential patent
Action for declaration of non-infringement
Patent invalidity action and invalidity defense
Key Procedural Reminders
Customs detention
Arbitration
Preliminary Injunction
Focus on the Extraterritoriality of Litigation
National Patent Register and Public Inspection
Professional Secrecy of IP Representatives
Patents in Europe
Case file overview
The patent mechanisms in Europe are quite complex and need to be explained to be properly…
EPC Contracting States
Grant Procedure
Filing a European patent application
Place of Filing
Methods for Filing an Application
Persons Entitled to File an Application
Obtaining a Filing Date
Filing Requirements
Some Special Filings
Divisional Applications
Patents filed by an 'unauthorized' person
Prior Art Search
Publication and Provisional Protection
Examination of the application and grant of a patent
Cross-cutting issues
Unity of Invention and Claim Categories
Language of proceedings and official languages
"Deemed withdrawn" vs. "refused": What are the differences for the application?
Designation of Contracting States and Extensions
Procedure Suspension
Procedural Interruption
Assignment, Amendment, and Establishment of Rights
Priority
Definition of Prior Art in Opposition Proceedings
Evidence of a disclosure
Taking of Evidence Instructions
Links with the PCT Procedure
Receiving Office (RO)
Authority Responsible for Search or Examination (ISA, SISA, or IPEA)
Designated or elected Office
National Validation and Unitary Effect
Opposition
Appeals
Limitation and Revocation
Enlarged Board of Appeal
Procedural Rules
Oral proceedings
Error Correction
Service of decisions, summonses, notifications, etc.
Time Limit Calculations
Payment of Annual Fees
Restoration of Rights
Loss of a Right
Further processing
Restitutio in integrum
Official Fees
Expedited procedure
Third-party observations
Representation and Representative
Transitional Provisions EPC 73 - EPC 2000
Patentability Requirements
Concept of Invention
Industrial Applicability
Exclusions from patentability
Novelty
Inventive step
Mixed inventions (inventive step)
Claims, clarity and protection
Sufficiency of description and drafting rules
Extension beyond the content as filed
Extension of Protection After Grant
Conditions for the Validity of a Patent
European Patent Register and Public Inspection
Decisions of the Enlarged Board of Appeal
Enforcement of One's Rights
PCT Applications
Case file overview
Let’s open a new file: PCT applications. The Patent Cooperation Treaty, or PCT, is an attempt…
PCT Contracting States
The international phase
Filing an International Application
The Filing Location
Methods for Filing an International Patent Application
Obtaining a Filing Date
Requirements for Filing
International Search
Amendments After Receipt of the ISR (A19 PCT)
International Publication and Provisional Protection
Transmission of Copies to Designated Offices
International Preliminary Examination
Procedural Rules
Correction of Obvious Errors
Priority
Deadline Calculations
Withdrawal of the International Application or a Designation
Common Representative / Joint Representative
Change of Applicant, Representative, etc.
Filing of Letters and Documents
International file and file access
The National / Regional Phase
Unitary Patents
Case file overview
Unitary patents are no longer a distant prospect: the system entered into force on June 1,…
The Historical Construction
Legal Framework
Rights Conferred by a Unitary Patent
Obtaining the Unitary Effect
Request for Unitary Effect
Language Regime and Translation
Registration of the Unitary Effect
Denial of Unitary Effect and Appeals
The Territorial Scope of the Unitary Patent
The Unitary Patent as an Object of Property
Maintaining in Force
Limitation, Revocation, and Lapse
Interaction with the classical European patent
The Transitional Regime: Opt-Out and Opt-In
The Transitional Period and the Sunrise Period
Opt-out: Exercise and Effects
Opt-in: Withdrawing the Opt-out
Challenges and Strategy of Opt-Out / Opt-In
The Unified Patent Court or UPC
Case file overview
Introduction
Legal Status of the UPC
Structure of the UPC
Jurisdiction of the UPC
Languages Before the UPC
Evidence and Means of Obtaining It
Procedural Aspects
Written Procedure
Infringement Action
Invalidity Action
Action for Declaration of Non-Infringement
Interim Procedure
Oral Proceedings
Decision
Injunctions and Corrective Measures
Damages Assessment Procedure
Procedure for Determining Costs
Appeal Procedure
Related Rights
Case file overview
There may be a large number of related rights impacting the world of patents. Some are…
International Patent Conventions
European Union Law
Application and Sources of EU Law
European competition law applied to patents
International Mediation and Arbitration
European Convention on Human Rights
Reflections on Artificial Intelligence
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Patents in France
Procedural Rules
Restoration of Rights Despite a Lapse
Restoration of Rights Despite a Lapse
Patents in France
Patent Grant Procedure
Filing an Application
Persons Eligible to File an Application
Filing Location and Methods
Obtaining a Filing Date
Filing Requirements
Some Specific Filings
Divisional Applications
Provisional Patent Application
Patents filed by an 'unauthorized' person
National Defense and Authorization
Prior Art Search
Publication and Provisional Protection
Examination of the Application and Grant of a Patent
Cross-cutting issues
Priority
Third-party observations
Unity of Invention
Procedural Rules
Error Corrections
Official Fees
Expedited Procedure
Deadline Calculation
Payment of Annual Official Fees
Restoration of Rights Despite a Lapse
Continuation of Proceedings
Restoration Appeal
Patentability Requirements
Concept of Invention
Industrial Application
Exclusions from Patentability
Novelty
Inventive Step
Sufficiency of Disclosure and Drafting Rules
Claims and Clarity
Extension Beyond the Content as Filed
Extension of Protection After Grant
Opposition
Appeal for Annulment
Administrative Appeal
Limitation and Disclaimer
Assignment, modification and establishment of rights
MA Marketing Authorization and SPCs
Employee Inventions
Replacement of a French patent by a European patent
Conditions for the Validity of a Patent
Enforcement of One's Rights
Types of Infringement
Infringement Acts
Proof of Infringement
Infringement Action
Infringement action and standard-essential patent
Action for declaration of non-infringement
Patent invalidity action and invalidity defense
Key Procedural Reminders
Customs detention
Arbitration
Preliminary Injunction
Focus on the Extraterritoriality of Litigation
National Patent Register and Public Inspection
Professional Secrecy of IP Representatives
01
Poursuite de la procédure
Conditions If a time limit has not been met, it is possible to file a request…
02
Recours en restauration
Definition A restoration appeal (L612-16 CPI and R613-52 CPI) is quite similar to restitutio in integrum…
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