Practical sheet | REF: FIC1754 V1

The utility certificate, a "lightweight patent

Author: Laurence LOUMES

Publication date: December 10, 2021 | Lire en français

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    8. Using your utility certificate

    Once a certificate has been issued, it can be used against a competitor who is presumed to be an infringer, as part of a legal dispute (infringement action). However, the certificate can only be used on condition that a search report drawn up by INPI ( article L615-6 du CPI ) is produced. To do this, the applicant must submit a request for the establishment of the search report to the INPI and pay an associated search fee ( article R616-2 du CPI ); this was 520 euros in 2021. He must then provide it to the Paris Tribunal de Grande Instance, which will deal with his infringement action. The time taken to take action against an...

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