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Article R612-20 of the French Intellectual Property Code

The abstract shall be drawn up exclusively for the purposes of technical information. It may not be taken into consideration for any other purpose, in particular to assess the scope of the protection applied for or for the application of the third paragraph of Article L. 611-11. The final content of the abstract is, if necessary, formatted by the National Institute of Industrial Property. It is published in the Bulletin…

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Article R612-21 of the French Intellectual Property Code

The descriptions and claims contained in the applications filed may be drafted in a foreign language. If this option is used, the applicant shall be invited to provide a French-language translation of the documents within two months. The period referred to in the third paragraph of Article L. 612-9 shall be suspended until such time as this translation is provided.

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Article R612-22 of the French Intellectual Property Code

Proof of the exhibitor’s right, defined in Article L. 611-13, first paragraph, second indent b, shall be provided within four months of the filing date of the patent application in the form of a certificate issued during the exhibition by the authority responsible for ensuring the protection of industrial property at that exhibition and stating that the invention was actually exhibited there. The certificate mentions the opening date of the…

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Article R612-24 of the French Intellectual Property Code

The declaration of priority provided for in 1 of Article L. 612-7 shall include the date of the earlier filing, the State in or for which it was made, and the number assigned to it. The declaration of priority must be made when the patent application is filed or within sixteen months of the earliest priority date claimed. The declaration of priority claimed in the context of a patent application…

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Article R612-25 of the French Intellectual Property Code

A request for the benefit of the filing date of one or more earlier applications shall not be admissible where: 1° It is not made at the time of filing of the patent application; 2° The filing date of the earlier application or applications, the benefit of which is requested, is more than twelve months earlier; 3° The filing of the application or applications, the benefit of the filing date…

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Article R612-26 of the French Intellectual Property Code

Delegates of the Minister of Defence, specially empowered for this purpose and whose names and capacities have been brought to the attention of the Director of the National Institute of Industrial Property and Minister responsible for industrial property by the Minister of Defence, shall inspect on the premises of the National Institute of Industrial Property the patent applications filed, including where these are filed in the form of a provisional…

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Article R612-27 of the French Intellectual Property Code

The request for authorisation to disclose and freely exploit the invention which is the subject of a patent application, before the end of the five-month period provided for in article L. 612-9, shall be filed with the Institut national de la propriété industrielle; it may be filed as soon as the patent application is filed. The authorisation is notified to the applicant by the Director of the Institut national de…

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Article R612-28 of the French Intellectual Property Code

The request from the Minister for Defence for an extension of the prohibitions on disclosure and free exploitation of an invention which is the subject of a patent application, including when the latter is filed in the form of a provisional application, shall be addressed to the Director of the National Institute of Industrial Property and must reach him no later than fifteen days before the end of the five-month…

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Article R612-29 of the French Intellectual Property Code

The request for compensation for the loss caused by the extension of the prohibitions on disclosure and free exploitation is sent by the owner of the patent application to the Minister of Defence by registered letter with acknowledgement of receipt. The request specifies, and quantifies, the various heads of damage claimed. The matter may not be referred to the court with a view to fixing the compensation before the expiry…

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Article R612-30 of the French Intellectual Property Code

The court seised pursuant to Article L. 612-10 rules both on the merits and before the court by decisions that do not contain any analysis of the invention of such a nature as to lead to its disclosure. Only the public prosecutor, the parties or their agents may obtain copies of the decisions rendered. If an expert appraisal is ordered, it may only be carried out by persons authorised by…

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