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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19/12/2019
WHAT ARE THE LEG­AL USES OF CAN­NABIS IN FRANCE?
What are the leg­al uses of can­nabis in France? Our law­yers ex­am­ine the cur­rent French can­nabis reg­u­la­tion.
14 September 2020
An EPO Case Law Round-Up: Ad­ded Mat­ter
The EPO is well-known for its strict ap­proach to as­sess­ing amend­ments un­der the ad­ded mat­ter pro­vi­sion of Art­icle 123 of the European Pat­ent Con­ven­tion. This of­ten cre­ates com­plex leg­al scen­ari­os which...
24/01/2019
The new trade secret pro­tec­tion in France
The new trade secret pro­tec­tion in France, pa­per of our law firm
13 August 2020
Sus­tain­able food pro­gress may close glob­al reg­u­lat­ory gap
In­nov­a­tion in the sus­tain­able food sec­tor is for­ging ahead at a re­mark­able pace. Our cur­rent food sources ac­count for nearly one-third of glob­al GHG emis­sions while con­sumers are in­creas­ingly bet­ter edu­cated...
22 July 2020
Around 1600 view­ers re­gister for live video stream of com­puter soft­ware...
The En­larged Board of the European Pat­ent Of­fice re­cently heard or­al ar­gu­ments con­cern­ing pat­entab­il­ity of a com­puter soft­ware in­ven­tion. This rare event was video streamed to over 1600 pat­ent stake­hold­ers....
14 July 2020
Santen ends Neur­im-style SPCs
The word­ing of Art­icle 3(d) of the SPC Reg­u­la­tion re­quires that the SPC ap­plic­a­tion must rely on “the first au­thor­isa­tion to place the product on the mar­ket as a medi­cin­al product”. This sug­gests...
14 July 2020
Ger­man Fed­er­al Su­preme Court cla­ri­fies the bar for po­ten­tial pat­ent in­fringers...
With its de­cision of 5 May 2020 (Case No. KZR 36/17), the Ger­man Fed­er­al Su­preme Court raised the re­quire­ments for the con­duct of the po­ten­tial pat­ent in­fringer for FRAND ne­go­ti­ations. For the first time...
08 July 2020
“WIPO PROOF”: WIPO’s new on­line ser­vice which helps in­nov­at­ors and cre­at­ors...
The World In­tel­lec­tu­al Prop­erty Or­gan­isa­tion (WIPO) re­cently launched its new on­line busi­ness ser­vice, “WIPO PROOF”. The plat­form aims to help in­nov­at­ors and cre­at­ors safe­guard their in­tel­lec­tu­al...
01 June 2020
En­larged Board to cla­ri­fy European Pat­ent Of­fice ap­proach to double pat­ent­ing
The European Pat­ent Of­fice Tech­nic­al Board of Ap­peal has re­ferred three leg­al ques­tions to the En­larged Board of Ap­peal. These ques­tions con­cern the al­low­ab­il­ity of double pat­ent­ing at the EPO, and will...
26 May 2020
European Pat­ent Of­fice COV­ID-19 pro­vi­sions - as at 25 May 2020
The EPO has re­cently is­sued fur­ther in­form­a­tion re­gard­ing or­al pro­ceed­ings be­fore ex­am­in­a­tion and op­pos­i­tion di­vi­sions and be­fore the Boards of Ap­peal. This art­icle sum­mar­ises all of the EPO’s COV­ID-19...
26 May 2020
European Com­mis­sion must ad­dress in­tel­lec­tu­al prop­erty and AI
The Com­mit­tee on Leg­al Af­fairs (JURI) of the European Par­lia­ment has pub­lished three draft re­ports re­lat­ing to ar­ti­fi­cial in­tel­li­gence (AI). This note is about the draft re­port on in­tel­lec­tu­al prop­erty...
19 May 2020
Not Pat­entable – The end of the line for plants and an­im­als pro­duced by...
The highest ju­di­cial au­thor­ity at the EPO is­sued their opin­ion late last week in the con­tro­ver­sial G3/19 (Pep­per) case. Con­trary to pre­vi­ous de­cisions in G2/12 and G2/13 (To­mato/Broc­coli), the En­larged...