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New opposition proceedings for patents in France

February - 2020
Order 2020-116 published on February 13, 2020 introduces new opposition proceedings for patents in France

These new opposition proceedings will enter into force as from April 1st, 2020, for patents whose mention of grant is published in official patent bulletin (BOPI) as from April 1st, 2020.

Opposition can be filed up to 9 months after publication of the mention of grant in the BOPI.

Grounds for opposition are:
1° The invention is not patentable according to articles L. 611-10, L. 611-11 et L. 611-13 to L. 611-19 ;
2° The patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art;
3° The subject-matter of the patent extends beyond the content of the application as filed, or, if the patent was granted on a divisional application, beyond the content of the earlier application as filed.

Conditions and proceedings are to be indicated in a Decree to be published soon.

Order 2020-116