Breaking News : First opposition decision in France

The French Patent Office issued yesterday the first opposition decision in France in the case KRONES AG against SIDEL PARTICIPATIONS.

In this case, KRONES AG requested the total revocation of patent FR 3 070 795 B1 filed in 2018 and published in 2020 on several grounds including a lack of inventive step. This ground led to a decision to maintain patent FR 3 070 795 B1 in amended form. Find the decision in its original version here.

 

The opposition procedure before the French Patent Office thus offers third parties a simpler and less costly alternative to legal action, which until now was the only procedure for challenging a patent. It allows third parties to request the revocation of a French patent within nine months from the date of issue, in particular for lack of novelty or lack of inventive step.

 

This new procedure instituted since April 2020 by the PACTE law makes it possible to align French law with the practices of other European and international offices such as the EPO, Germany, the United Kingdom, Japan, or the United States.

 

LAVOIX is involved in several pending opposition procedures in France. Your contacts at LAVOIX are available should you have any question on this subject matter.

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