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?
Our law­yers ex­am­ine the cur­rent can­nabis reg­u­la­tion
15 Jan 20
Can newly dis­covered can­nabis com­pounds be pro­tec­ted by pat­ents?
A break­through dis­cov­ery has re­cently hit the news: tet­rahy­drocan­nabi­phorol (THCP) and can­na­bid­i­phorol (CB­DP), two new can­nabin­oid com­pounds, have been dis­covered in Can­nabis sativa and char­ac­ter­ised...
24/01/2019
The new trade secret pro­tec­tion in France
France has fi­nally ad­op­ted a spe­cif­ic le­gis­la­tion to...
20 Dec 19
‘Dar­unavir’ CJEU re­fer­ral with­drawn - Art­icle 3(a) of the SPC Reg­u­la­tion
At the end of Septem­ber, we re­por­ted here on the pub­lic­a­tion of AG Hogan’s Opin­ion on the joint re­fer­rals from the Ger­man Bundes­pat­ent­gericht (case C-650/17) for Mer­ck’s sitaglipt­in product and from...
17 Dec 19
The rise of pat­ent wars in Europe’s gene ther­apy space
The gene ther­apy in­dustry is in an ex­cit­ing phase of growth, un­der­go­ing sig­ni­fic­ant M&A activ­ity, product sales and new mar­ket­ing au­thor­isa­tions that are be­ing is­sued with in­creas­ing reg­u­lar­ity glob­ally....
18 Oct 19
Re­vised Rules of Pro­ced­ure of the European Pat­ent Of­fice Boards of...
The Rules of Pro­ced­ure of the Boards of Ap­peal are the rules that gov­ern the way ap­peals are con­duc­ted at the European Pat­ent Of­fice (EPO). The EPO has re­cently ap­proved changes to these rules, which...
13 Sep 19
SPC Double Whammy - In­ter­pret­ing Art­icle 3(a) of the SPC Reg­u­la­tion
Sum­mary At the end of June, the CJEU heard the joint re­fer­rals from the Ger­man Bundes­pat­ent­gericht (case C-650/17) for Mer­ck’s sitaglipt­in product and from the Eng­lish Court of Ap­peal for Searle’s...
13 Jun 19
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...
30 May 19
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...
01 Apr 19
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...
27 Mar 19
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...