The patent is declared invalid by court decision: a) If its subject matter is not patentable under the terms of Articles L. 611-10, L. 611-11 and L. 611-13 to L. 611-19; b) If it does not set out the invention clearly and completely enough for a person skilled in the art to be able to carry it out; c) If its subject matter extends beyond the contents of the application…
The public prosecutor may act ex officio to invalidate a patent.
A decision to revoke a patent has absolute effect subject to third party opposition. In respect of patents applied for before 1 January 1969, the revocation shall apply to the parts of the patent determined by the operative part of the decision. Decisions which have become res judicata shall be notified to the Director of the National Institute of Industrial Property for entry in the National Patent Register. When the…
The supplementary protection certificate is invalid: -if the patent to which it relates is invalid; -if the patent to which it relates is invalid for all those parts of it corresponding to the marketing authorisation; -if the corresponding marketing authorisation is invalid; -if it is granted in breach of the provisions of article L. 611-3. In the event that the patent to which it relates is invalid for only a…
Co-ownership of a patent application or patent is governed by the following provisions: a) Each of the co-owners may exploit the invention for his own benefit, subject to equitable compensation for the other co-owners who do not personally exploit the invention or who have not granted exploitation licences. In the absence of an amicable agreement, such compensation shall be fixed by the court. b) Each of the co-owners may act…
The articles 815 and following, articles 1873-1 and following, as well as articles 883 et seq. of the Civil Code do not apply to co-ownership of a patent application or patent.
The co-owner of a patent application or patent may notify the other co-owners that he is surrendering his share to them. With effect from the entry of such abandonment in the National Patent Register or, in the case of a patent application which has not yet been published, with effect from its notification to the National Institute of Industrial Property, the said co-owner shall be discharged from all obligations towards…
The provisions of Articles L. 613-29 to L. 613-31 apply in the absence of stipulations to the contrary. Co-owners may derogate from this at any time by co-ownership regulations.
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is a Registered Trademark of
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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