Entry in the European Patent Register of acts transferring or amending the rights attached to a European patent application or a European patent renders such acts enforceable against third parties.
As far as France is concerned, the European patent shall be declared invalid by a court decision on any of the grounds referred to in Article 138(1) of the Munich Convention. If the grounds for invalidity affect the patent only in part, invalidity shall be declared in the form of a corresponding limitation of the claims. In an action for invalidity of the European patent, its proprietor is entitled to…
I.-Insofar as a French patent covers an invention for which a European patent has been granted to the same inventor or to his successor in title with the same filing or priority date, and where the European patent has been the subject of a derogation from the exclusive jurisdiction of the unified patent jurisdiction, pursuant to paragraph 3 of Article 83 of the Agreement relating to a unified patent jurisdiction,…
I.-A French patent application or a French patent and a European patent application or a European patent which has not been the subject of a waiver of the exclusive jurisdiction of the unified patent jurisdiction, pursuant to paragraph 3 of Article 83 of the Agreement relating to a unified patent jurisdiction, having the same filing date or the same priority date, covering the same invention and belonging to the same…
The court hearing an action for infringement of a French patent which covers the same invention as a European patent applied for by the same inventor or granted to him or his successor in title with the same priority date and which is the subject of a derogation from the exclusive jurisdiction of the unified patent jurisdiction, pursuant to paragraph 3 of Article 83 of the Agreement on a Unified…
A decree in the Conseil d’Etat shall determine the procedures for applying this subsection, in particular with regard to the application of the provisions of Article 137-2 of the Munich Convention.
Unitary effect may be conferred on a European patent under the conditions laid down in the first paragraph of Article 3 of Regulation (EU) No 1257/2012 of 17 December 2012. The European patent with unitary effect takes effect in France on the day of publication of the mention of the grant of the European patent in the European Patent Bulletin. From that date, the European patent is deemed not to…
The entry in the register of unitary protection conferred by a patent of acts transferring or amending the rights attached to a European patent with unitary effect renders these acts enforceable against third parties.
A French patent may cover an invention for which a European patent with unitary effect has been granted to the same inventor or his successor in title with the same filing or priority date.
A European patent with unitary effect and a French patent application or a French patent with the same filing date or the same priority date, covering the same invention and belonging to the same inventor or his successor in title, may not, in respect of the common parts, be the subject independently of each other of a transfer, pledge, hypothecation or grant of exploitation rights, on pain of invalidity. As…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
