Patent

France

The team at CMS Francis Lefebvre Avocats can assist you with your patent law issues. Our team of lawyers based in Paris is well experienced in the following fields: 

Litigation: Saisie-contrefaçons” counterfeit seizures, Infringement actions, in particular in summary proceedings, unfair competition and parasitism, disputes related to trade secrets, Actions for patent/SPC invalidation or declaration of non-infringement and Litigation related to employee inventions.

Advice and drafting contracts: R&D contracts, relationships with inventors, Filing strategy, portfolio audit, valuation, technology transfer, Assignment, licensing or co-ownership agreements.

Most of the matters have cross-border aspects and require close coordination with actions carried out abroad.

Our team is used to working in several technical fields, in particular in the pharmaceutical and health products fields (also has good knowledge of the regulatory framework applicable to these products), but also in the fields of electronics, mechanics or consumer products. 

This experience  complements an excellent knowledge of other complex disputes such as trade secrets infringement (particularly technical know-how) or unfair competition and/or parasitism

Our team is part of the CMS network of over 150 lawyers, legal experts and specialists advisors in 33 countries. It allows us to propose a global strategy in adequacy with the needs of our customers. This particular  know-how is set to become more importantwith the arrival of the Unified Patent Court and the Unitary Patent.

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13/06/2019
SPC Man­u­fac­tur­ing Waiver to come in­to ef­fect 1 Ju­ly 2019
Gen­er­ics com­pan­ies will soon be able to man­u­fac­ture SPC-pro­tec­ted drugs for ex­port out­side the EU un­der new man­u­fac­tur­ing waiver pro­vi­sions. In the last six months of the SPC life­time, it will also be al­low­able to man­u­fac­ture gen­er­ics for stock­pil­ing for “day.
30/05/2019
EPO's strict ap­proach to de­cid­ing if a com­pos­i­tion can be­ne­fit from...
The EPO Tech­nic­al Board of Ap­peal (TBA) re­viewed the law around nov­elty of use, and de­term­ined that in the case of Car­di­oPoly­mer, Inc. 's European pat­ent ap­plic­a­tion (EP07837908. 8), the claimed chem­ic­al en­tity did not qual­i­fy as a 'sub­stance or com­pos­i­tion'.
01/04/2019
European Pat­ent Of­fice 2018 An­nu­al Re­port
The European Pat­ent Of­fice (EPO) 2018 An­nu­al Re­port was pub­lished this month show­ing cur­rent trends in the use of the sys­tem, as well as how the sys­tem is per­form­ing against qual­ity con­trol mark­ers. The US con­tin­ues to be the greatest user of the sys­tem in.
27/03/2019
Judg­ment on Ab­rax­is C-443/17; 21st March 2019
The CJEU de­livered its judg­ment last week on the case of Ab­rax­is v Comp­troller Gen­er­al of Pat­ents con­cern­ing Sup­ple­ment­ary Pro­tec­tion Cer­ti­fic­ates (SPCs) for new for­mu­la­tions of medi­cin­al products. The Court has ruled that Art­icle 3(d) of Reg­u­la­tion No 469/2009,.