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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What are the effects of the opposition decision?
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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