Contributions of the Pacte law (among others):
Patent and utility certificate:
The utility certificate makes it possible to protect an invention for ten years. The filing does not require the preparation of a research report, only the cost of writing that the inventor will be willing to bear.
The patent is valid for 20 years but requires a search report.
This research report aims to test the novelty of the invention, a condition for filing and validity of the patent. Since the reform, inventiveness is subject to examination by the office, and the patent can be challenged before the office.
As regards the utility certificate, valid for 10 years, the search report will only be required in the context of an action for infringement, attack or defence. If this report is negative the certificate may fall.
The provisional patent application allows a simplified filing, to be completed later.
Brands:
The trademark, when filed, remains not subject to verification, but may be the subject of opposition by an opponent, as is the case in patent matters, which may lead to the withdrawal or modification of the trademark application.
European texts:
DIRECTIVE (EU) 2015/2436 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of December 16, 2015 approximating the laws of the Member States on trademarks
from June 14, 2017
on the European Union trade mark
Other European texts (excluding reform) concerning IP:
European Patent Convention: https://www.epo.org/law-practice/legal-texts/epc_fr.html
Directive 98/71/EC of the European Parliament and of the Council of October 13, 1998 on the legal protection of designs or models
Council Regulation (EC) No. 6/2002 of December 12, 2001 on Community designs
Ordinance No. 2020-116 of February 12, 2020 creating a right of opposition to patents of invention
Decree No. 2020-225 of March 6, 2020 relating to the procedure for opposing invention patents
Order of December 9, 2019 relating to the procedural fees of the National Institute of Industrial PropertyTexts on intellectual property, overview:
Hierarchy of standards:
On respect for the Constitution: https://www.conseil-constitutionnel.fr/la-qpc/comment-deposer-une-qpc
On compliance with international texts: Article 55 of the Constitution:
“Treaties or agreements regularly ratified or approved have, from their publication, an authority superior to that of laws, subject, for each agreement or treaty, to its application by the other party. »
On compliance with Community texts (Union law): Preliminary question, Union law:
Union Charter, Article 47
TFEU articles 4, 258, 267
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