8. How do I appeal a decision on opposition? What is the deadline for doing so?
Appeals against an opposition decision fall within the exclusive jurisdiction of the Paris Court of Appeal (CA). The appeal has suspensive effect and allows the opposition decision to be reversed.
An appeal for reformation is opposed to an appeal for annulment. This means that the CA is aware of the entire dispute. It rules on the facts and the law and makes a new decision.
INPI is not a party to the appeal proceedings before the Paris CA, but the General Manager of INPI is necessarily heard ( article R. 411-23 CPI) .
During the appeal procedure before the Paris CA, the parties may produce new documents, evidence and/or raise new arguments, but not new claims.
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How do I appeal a decision on opposition? What is the deadline for doing so?
What about suspending the opposition procedure?
Bibliography
INPI, Patent and utility certificate guidelines, Book III, Post-grant procedures
Regulations
CPI Book VI, legislative and regulatory sections
Arrêté du 6 mars 2020 relatif aux redevances de procédures de l’INPI
Website
A self-financed public institution under the supervision of the French Ministry of Industrial Property, INPI plays an active role in the development and implementation of public policies in the field of intellectual property, in support of innovation and business competitiveness, and in the fight against counterfeiting.
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