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Post-grant Opposition in FRANCE: a new tool is introduced

The PACTE law (law n ° 2019-486 of May 22, 2019) relating to the growth and transformation of companies provided for several changes to patent law, aimed at enhancing the attractiveness and value of French industrial property titles. After extending the term of the Utility Certificate to 10 years, and creating a provisional patent application, […]

28 April 2020

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How a deficient priority right chain can kill a European patent: a harsh lesson for the Broad Institute (T0844/18)

The high-stakes legal dispute on the CRISPR/Cas9 patented technology has at least the merit to have highlighted to the worldwide IP community how to secure a valid priority right in Europe. In a case that ended January 17, 2020, involving no less than 9 Opponents, the Board of Appeal of European Patent Office (EPO) confirmed […]

25 February 2020

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The French Utility Certificate in the spotlight

On January 10, 2020 was published Decree No. 2020-15 implementing the “PACTE” legislation (Action Plan for Business Growth and Transformation) which recasts and strengthens the French Utility Certificate, thus offering an appealing alternative to patents and a genuinely attractive tool to protect inventions having a rather short life cycle on the market. The prosecution of […]

11 February 2020

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The “PACTE” bill: which impact for your patents in France?

The so-called “PACTE” bill, published in May 2019, brings substantial changes to the IP landscape in France. In-depth examination of French patent applications Until now, the French Patent Office (INPI) could not refuse a patent unless it lacked novelty. Examination of French patent applications filed on or after May 22, 2020, will now include a […]

21 June 2019

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SPC manufacturing waiver adopted by the European Parliament

On April 17, 2019, the European Parliament adopted an SPC manufacturing waiver for export and stockpiling Supplementary Protection Certificates (SPC) can extend the patent protection for medicaments by up to five years in the European Union. They had been introduced to compensate for the lengthy clinical development which must be completed prior to obtaining regulatory […]

21 April 2019

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The pepper case : patentability of plants

or how the Boards of Appeal of the European patent office claimed their independence from the European Commission In a landmark decision published on February 5, 2019, the Board of Appeal of the European patent office (EPO) decided that plants exclusively obtained by an “essentially biological process” could be patentable after all. Case T1063/18 concerns the appeal […]

22 February 2019

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