{"id":8511,"date":"2020-04-30T16:59:21","date_gmt":"2020-04-30T14:59:21","guid":{"rendered":"https:\/\/www.bdl-ip.com\/\/2020-04-important-information-regarding-the-french-patent-examination-proceedings\/"},"modified":"2020-04-30T16:59:21","modified_gmt":"2020-04-30T14:59:21","slug":"2020-04-important-information-regarding-the-french-patent-examination-proceedings","status":"publish","type":"post","link":"https:\/\/www.bdl-ip.com\/ja\/2020-04-important-information-regarding-the-french-patent-examination-proceedings\/","title":{"rendered":"2020\/04 > Important information regarding the French patent examination proceedings"},"content":{"rendered":"

ERRATUM (May 6,2020)
\n<\/strong><\/span><\/p>\n

Further to a clarification from the French Patent Office, the new procedure for examination of patent applications by the French Patent Office will enter into force on May 22, 2020<\/u> <\/strong><\/span>(and not May 23, 2020 as erroneously referred to in the below message).<\/p>\n

The new examination procedure will apply to French patent application filed as from May 22, 2020<\/u><\/strong>.<\/span><\/p>\n

Please disregard the information on the website of the French Patent Office erroneously referring to an entry into force on May 23, 2020, which should shortly be corrected (https:\/\/www.inpi.fr\/fr\/comprendre-la-propriete-intellectuelle\/les-enjeux-de-la-propriete-intellectuelle\/loi-pacte-la-propriete-industrielle-s-adapte-aux-nouvelles-attentes-des-entreprises<\/a>).<\/p>\n

The staff of Cabinet Beau de Lom\u00e9nie are at your disposal to discuss these different points with you.<\/p>\n

\n

The so-called \u00ab\u00a0PACTE \u00ab\u00a0law of 22 May 2019 has overhauled patent examination proceedings at the French Patent Office (INPI) by changing the way in which the French Patent Office may proceed in the assessment of patentability of an application and by allowing third parties to challenge granted patents in opposition proceedings.<\/p>\n

The provisions concerning opposition proceedings before the French Patent Office entered into force on 1st<\/sup> April 2020. They are intended to apply to any French national patent for which the mention of grant was published after 1st<\/sup> April 2020 (please see our Flash in April 2020<\/span><\/strong><\/a>).<\/p>\n

As for the new procedures for the assessment of patentability by the French Patent Office and the criteria for refusal of an application, these will enter into force as of 23rd<\/sup> May 2020.<\/p>\n

Thus, French patent applications, which will be filed as of 23rd<\/sup> May 2020, will be subjected to the \u00ab\u00a0new\u00a0\u00bb system of examination, including a detailed evaluation of the main criteria of patentability, in particular novelty and inventive step<\/span>.<\/strong><\/p>\n

It should be recalled that, up to now, the ability of the French Patent Office to refuse a patent application was essentially limited to the situation where there was a \u00ab\u00a0clear \u00bb lack of novelty.<\/p>\n

The new wording of Article L. 612-12 of the French Intellectual Property Code (\u00ab\u00a0CPI\u00a0\u00bb) will soon allow the French Patent Office to refuse a patent application:<\/p>\n