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Article R612-39-1 of the French Intellectual Property Code

Where the patent application has been filed in the form of a provisional application, the written request referred to in the first paragraph of Article R. 612-39 must be accompanied, on pain of inadmissibility, by the request for compliance or the request for conversion into a utility certificate application, mentioned in the first paragraph of Article R. 612-3-2.

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Article R612-41 of the French Intellectual Property Code

Excluded from communication to the public are: – draft decisions and opinions, as well as documents not communicated to the applicant used in the preparation of these decisions and opinions; – documents relating to the designation of the inventor if he has waived designation as such under the conditions provided for in Article R. 611-16; – documents containing personal data or relating to business secrecy; – any other document excluded…

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Article R612-42 of the French Intellectual Property Code

Where the invention concerns a micro-organism, any person may, either from the date of publication provided for in Article R. 612-39, or before that date if it has been notified of a copy of the patent application, request access to the culture filed in accordance with Articles R. 612-14 and R. 612-15. The request is made in writing to the National Institute of Industrial Property. It shall include, in particular,…

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Article R612-43 of the French Intellectual Property Code

For the application of Article R. 612-42 (1° and 2°), a derived crop is any crop that still has the characteristics of the registered crop that are essential for implementing the invention. The undertakings provided for in Article R. 612-42 (1° and 2°) do not prevent the deposit of a derived culture for the purposes of patent proceedings. The applicant for the patent may indicate by a written declaration made…

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Article R612-45 of the French Intellectual Property Code

The patent application shall be rejected if: 1° It has not been completed within the time limits laid down in Articles R. 612-8 (fifth paragraph), R. 612-11 (sixth paragraph), R. 612-21 and R. 612-35 (sixth paragraph); 2° The filing and research report fees referred to in Articles R. 612-5 and R. 612-54 have not been paid within the prescribed period. The rejection decision is notified to the applicant, who has…

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Article R612-46 of the French Intellectual Property Code

If, apart from the cases provided for in articles R. 612-8 and R. 612-45, the patent application is not formally in order with regard to the provisions of this title or the decree adopted for their application or has not given rise to payment of the prescribed fees, notification thereof shall be made to the applicant. The notification will indicate the time limit set for the applicant to regularise his…

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Article R612-47 of the French Intellectual Property Code

If the subject of the divisional application filed under Article R. 612-33 or from Article R. 612-34 extends beyond the content of the description of the initial application, the applicant shall be invited to amend the divisional application in line with the indications given to him and within the time limit set. Within this time limit, the applicant may submit written observations in which he refutes the indications given by…

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Article R612-48 of the French Intellectual Property Code

Where the applicant has been invited, pursuant to Article R. 612-33, to divide his application, he may, within the period provided for in that Article, submit written observations in which he refutes the objection made by the National Institute of Industrial Property. If the applicant has not submitted observations, or if he has not limited his claims or if the patent application has not been divided, the application shall be…

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