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Article R613-41 of the French Intellectual Property Code

When the civil action provided for in Article L. 615-10 is brought on the basis of a patent application that is subject to the prohibitions set out in articles L. 612-9 or L. 612-10 (first and second paragraphs) or when it concerns design or manufacture as referred to in paragraphs 2 and 3 of the said article L. 615-10, the judicial decisions to which it gives rise are subject to…

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Article R613-42 of the French Intellectual Property Code

Where an appeal is lodged against a decision or order made pursuant to Article L. 612-10 (first and second paragraphs) or against an order or decree made pursuant to article L. 613-19 or of Article L. 613-20, where such order or decree concerns an invention the disclosure and free exploitation of which are prohibited, the administrative court shall rule, both on the merits and before the law, by decisions which…

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Article R613-43 of the French Intellectual Property Code

The notifications and communications to the owner of the patent or patent application provided for by the provisions of articles R. 613-10 to R. 613-42 shall be validly made at the address indicated in the patent application or at the last address that the owner of the patent has notified to the administration, or at that of his representative having his domicile, registered office or place of business in a…

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Article R613-44 of the French Intellectual Property Code

The opposition referred to in Article L. 613-23 shall be filed within a period of nine months following publication in the Bulletin officiel de la propriété industrielle of the mention of the grant of the contested patent. It may be filed by a natural person or legal entity acting personally or through an agent meeting the conditions laid down in Article R. 612-2. Natural or legal persons who do not…

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Article R613-44-1 of the French Intellectual Property Code

The opposition request shall be submitted in writing in accordance with the conditions and procedures specified by decision of the Director General of the National Institute of Industrial Property. It shall include: 1° the identity of the opposing party; 2° The references of the patent against which the opposition has been filed; 3° A statement specifying the scope of the opposition, the grounds on which it is based, the facts…

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Article R613-44-2 of the French Intellectual Property Code

Any opposition filed by the owner of the contested patent shall be declared inadmissible. Any opposition that does not comply with the provisions of Articles R. 613-44 or R. 613-44-1 shall also be declared inadmissible. Where an objection is based on more than one ground, it shall be admissible only if the statement accompanying it complies, for at least one of these grounds, with the provisions of 3° of Article…

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Article R613-44-4 of the French Intellectual Property Code

The Institut national de la propriété industrielle shall observe and observe itself the principle of contradiction. It may not base its decision on pleas, explanations or documents put forward or produced by the parties without the latter having been given the opportunity to debate them in adversarial proceedings. Any observations or documents submitted by one of the parties shall be notified without delay to the other parties. The parties are…

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