A decision shall be taken on the application to amend the patent within twelve months of its filing. This period shall be interrupted, where applicable, by the notification provided for in the third paragraph of Article R. 612-73, until the application is regularised.
Failing an express decision within the time limit mentioned in Article R. 612-73-1, the application is deemed to be rejected.
The decision of the Director General of the Institut national de la propriété industrielle rejecting the application to amend the patent referred to in Article R. 612-73 may be the subject of the annulment appeal referred to in the first paragraph of Article R. 411-19.
Mention of the grant of the patent is published in the Official Bulletin of Industrial Property. This mention includes an indication of the reference to the number of the Official Bulletin of Industrial Property in which the patent application was made public as well as the existence of amendments to the claims.
The texts of patents shall be published in extenso and kept at the Institut national de la propriété industrielle. The files of patent applications shall be kept by the Institut national de la propriété industrielle until the end of a period of ten years after the expiry of the rights attached to the patents. The original parts of the descriptions and drawings of patents not printed before 11 April 1902…
Applications for a compulsory licence pursuant to articles L. 613-11 to L. 613-15 shall be submitted to the courts designated in accordance with the provisions of Article L. 615-17. They shall be lodged, investigated and judged in accordance with the ordinary law procedure, subject to the provisions of articles R. 613-5 to R. 613-44.
On pain of inadmissibility, the summons and pleadings must, within fifteen days of service, be communicated by registered letter with acknowledgement of receipt to the National Institute of Industrial Property by the party who served the summons or pleadings. .
The Minister responsible for industrial property may submit to the court his observations on the licence application by memorandum addressed to the secretariat-registry. The Director General of the National Institute of Industrial Property or an official from his department, delegated by the Minister responsible for industrial property, shall be heard, if he so wishes, by the court.
The provisions of articles R. 613-4 to R. 613-6 apply to proceedings before the Court of Appeal.
All decisions taken by the courts, courts of appeal and the Court of Cassation concerning compulsory licences shall be notified immediately by the secretary-registrar to the Director General of the National Institute of Industrial Property. Final decisions shall be entered ex officio in the National Patent Register.
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75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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