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?