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Article L613-28 of the French Intellectual Property Code

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…

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Article L613-29 of the French Intellectual Property Code

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…

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Article L613-31 of the French Intellectual Property Code

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…

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Article L614-1 of the French Intellectual Property Code

This section relates to the application of: 1° of the Convention signed in Munich on 5 October 1973, hereinafter referred to as the “Munich Convention”; 2° the Agreement on a Unified Patent Jurisdiction signed in Brussels on 19 February 2013, hereinafter referred to as the “Unified Patent Jurisdiction Agreement”; 3° Regulation (EU) No 1257/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent…

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Article L614-2 of the French Intellectual Property Code

A European patent application may be filed with the National Institute of Industrial Property either at its headquarters or, where necessary, at its regional centres, in accordance with procedures to be specified by regulation. The application must be filed with the National Institute of Industrial Property, where the applicant has his domicile or registered office in France and does not claim the priority of an earlier filing in France.

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Article L614-4 of the French Intellectual Property Code

Inventions which are the subject of European patent applications, filed with the National Institute of Industrial Property, may not be disclosed and freely exploited until authorisation has been granted to do so. During this period, applications may not be made public; no true copies may be issued unless authorised. The authorisations provided for in the first and second paragraphs of this article are granted by the Minister responsible for industrial…

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Article L614-5 of the French Intellectual Property Code

Before the end of either of the periods mentioned in the last paragraph of article L. 614-4, the prohibitions provided for in the said article may be extended, at the request of the Minister for Defence, for a renewable period of one year. In this case, the request is not forwarded to the European Patent Office. Extended prohibitions may be lifted at any time. In the event of the prohibitions…

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