9. What about suspending the opposition procedure?
(see article R613-44-10 du CPI ).
The examination phase and the decision phase of the opposition procedure may be suspended if a third party has lodged an action claiming ownership of the patent or if an invalidity action is pending against the patent.
The examination phase and the decision phase may be suspended ex officio by INPI if additional information and elements are awaited that could have an impact on the file.
The parties may also request a stay of proceedings, but only during the investigation phase, and they must do so by mutual agreement.
The suspension obtained will be for 4 months, renewable twice.
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What about suspending the opposition procedure?
Limitation procedure and nullity action – How to link it with the opposition?
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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