How do I appeal a decision on opposition? What is the deadline for doing so?
Obtaining a patent in France: the opposition procedure
Practical sheet REF: FIC1747 V1
How do I appeal a decision on opposition? What is the deadline for doing so?
Obtaining a patent in France: the opposition procedure

Author : Isabelle MAGNIN-FEYSOT

Publication date: August 10, 2021 | Lire en français

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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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