On May 1st, Albania will become the 37th contracting state of the European Patent Organization. Albania has been an extension state since 1997.
24 February 2014
The law n°2014-199 of 24 February allows the ratification by France of the Agreement on a unified patent court.
To enter into force, this agreement must be ratified by at least thirteen contracting countries, among which France, Germany and the United Kingdom. Presently, only Austria has ratified the Agreement.
The first patent with unitary effect (unitary patent) should be granted in 2015.
Bpifrance (the public bank for investment, the merging of OSEO, CDC Entreprises, FSI and FSI Régions) and INPI signed a new partnership agreement to support the French SMEs who wish to set up or develop their Industrial Property Strategy (IPS).
According to their stage of development, SMEs will be offered an accompanying pathway to industrial property strategy for first-innovation companies or a dedicated pathway for developing "Fast Track" companies in clusters and business firms wishing to develop internationally. Members of the "Bpifrance Excellence" community will benefit from training in IP strategy and coaching.
Arnaud Montebourg, ministry of productive recovery, asked INPI to involve itself in the frame of the Nouvelle France Industrielle initiative he launched in September 2013.
In 2014, INPI will notably have to visit at least 5 000 SMEs with a view to raise their awareness of the stakes in Industrial Property Rights as a tool for competitiveness.
Industrial Property and French Polynesia
A consequence of the Law for Autonomy of 27 February 2004, the industrial property rights granted by INPI (patents, trademarks, industrial designs and models…) ceased to take effect in French Polynesia from 3 March 2004.
The Country Law n°2013-14 dated 6 May 2013 and its implementing decree n°1002/CM dated 22 July 2013 make it possible to recognize anew the IP rights granted by INPI within the following timeframe:
- The applications for IP rights filed at INPI before 3 March 2004 and still in force enjoy an automatic recognition in Polynesia, without any additional procedure,
- The applications for IP rights filed between 3 March 2004 and 31 August 2013 enjoy an optional recognition; a request must be filed on 1 September 2015 at the latest to the Direction Générale des Affaires Economiques (DGAE) of French Polynesia, including the payment of a fee,
- From 1 January 2014, the applications filed at INPI can be extended to French Polynesia from filing if a corresponding fee is paid,
- The Law does not give a ruling about the filings from 1 September to 31 December 2013; consultations are taking place between INPI and French Polynesia.
These provisions do not apply to CCP or to community trademarks, designs or models.
At a later date, it will be possible to file at DGAE applications for IP rights whose scope will be limited to French Polynesia.
On 11 December 2012, the European Parliament approved a set of texts according which the creation of a patent with unitary effect for Europe can be envisaged: a regulation about the unitary patent itself, a regulation about the language and translation regime, and a draft Agreement for the creation of a unitary jurisdiction concerning patents. It will be an additional option, on top of national patents and of a European patent validated in countries chosen by the applicant.
The regime of the unitary patent could start from January 1st, 2014, if the draft Agreement is ratified by at least 13 countries, among which France, Great Britain and Germany. This unitary patent to come will be a European patent, granted by the European Patent Office, whose effects will extend to all the European Union (except Italy and Spain) at the request of the applicant.
The amount of the taxes is not yet known.
Joëlle Morice-Mugnier won the trophy and the gold medal at the Paris Concours Lépine 2012, National Assembly and Senate prizes, for a device allowing a left-handed person to write from right to left, and being read by anybody. The corresponding patent was drafted and filed by Cabinet Moutard.
The Managing IP magazine ranks Cabinet Moutard among the firms having a renowned practice.
November 1st, 2011
Finland joined the London Protocol on November 1st, 2011.
For European patents granted from that date, it is no longer necessary to translate the patent specification in Finnish if the patent has been granted in English or if a translation in English is available.
However, a translation in Finnish of the claims is still necessary.
August 24th, 2011
The ministry of Economy, Finances and Industry and the ministry of Higher Education and Scientific Research issued on August 24th a press release about an assessment of the Research Tax Credit (CIR) scheme, following the reform which took place in 2007.
This reform, which in particular broadened the base of expenditures to be taken into account, was successful:
- the number of companies who benefited from the scheme increased by 60% between 2007 and 2009,
- the R&D effort of these companies increased by 1,1% when the National Gross Product decreased during the same period of time,
- the declared amounts in cooperation with institutions of public research increased by 50%.
It is recalled that the charges for the filing, the maintenance and the defence of patents are among the expenditures allowable to the CIR.
Serbia accedes to the European Patent Convention on October 1st. This country will then become the 38th member state of the European Patent Organisation.