What are the effects of the opposition decision?
Obtaining a patent in France: the opposition procedure
Practical sheet REF: FIC1747 V1
What are the effects of the opposition decision?
Obtaining a patent in France: the opposition procedure

Author : Isabelle MAGNIN-FEYSOT

Publication date: August 10, 2021 | Lire en français

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7. What are the effects of the opposition decision?

The decision on the opposition can lead to several outcomes (see article L. 613-23-4 du CPI ):

  • total or partial revocation of the patent ;

  • maintaining the patent in a modified form ;

  • or maintaining the patent as granted (and therefore rejecting the opposition).

As mentioned above, the INPI's decision on opposition is retroactive. Thus, if the French patent is totally revoked at the end of the opposition procedure, the rights attached to the French patent are retroactively annihilated. In other words, the patent is deemed never to have existed, and any rights which may have arisen from the simple patent application...

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