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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23 March 2021
The En­larged Board of the European Pat­ent Of­fice has giv­en a mo­ment­ous...
The En­larged Board of the European Pat­ent Of­fice heard or­al ar­gu­ments in Ju­ly 2020 con­cern­ing pat­entab­il­ity of a com­puter soft­ware in­ven­tion.  This rare event was video streamed to over 1600 pat­ent stake­hold­ers...
05 March 2021
New EPO Guidelines on an­ti­body claims provide fur­ther clar­ity for ap­plic­ants
In­tro­duc­tion The EPO has now pub­lished their re­vised Guidelines for Ex­am­in­a­tion 2021[1] which con­tain new sec­tions de­tail­ing EPO prac­tice in re­la­tion to an­ti­bod­ies for the first time, en­ter­ing in­to force...
24 February 2021
COV­ID and ViCo: EPO re­fer­ral to the En­larged Board of Ap­peal
In the last year, the COV­ID-19 pan­dem­ic has res­ul­ted in a large pro­por­tion of the leg­al sec­tor trans­ition­ing to a ‘work from home’ ar­range­ment, with meet­ings tak­ing place re­motely. Non-es­sen­tial travel...
16 February 2021
Fight­ing poor med­ic­a­tion ad­her­ence in the European Uni­on: The Grav­it­ate-Health...
Nowadays, European cit­izens can ob­tain a great amount of in­form­a­tion (on­line and off­line) about any medi­cine. However, this in­form­a­tion is in many cases un­re­li­able and dif­fi­cult to un­der­stand, en­cour­aging...
11 February 2021
New EPO Guidelines now pub­lished re­gard­ing amend­ing the de­scrip­tion: what’s...
In­tro­duc­tion In Oc­to­ber 2020, CMS pub­lished an art­icle ‘New EPO Guidelines ex­pec­ted re­gard­ing amend­ing a de­scrip­tion: what’s all the fuss about?’, which has been the cata­lyst for dis­cus­sion in the...
15 December 2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
01 December 2020
EPO pri­or­ity claim en­ti­tle­ment – the “same ap­plic­ants” ap­proach up­held
In a Press Com­mu­niqué dated 6 Novem­ber 2020, the EPO sum­mar­ises the Tech­nic­al Board of Ap­peal 3.3.08 writ­ten de­cision re­cently is­sued in case T 844/18 con­firm­ing the re­voc­a­tion of a pat­ent re­lated to...
28 October 2020
New EPO Guidelines ex­pec­ted re­gard­ing amend­ing a de­scrip­tion: what’s all...
Sum­mary The EPO re­quire­ment to amend the de­scrip­tion to con­form with al­lowed claims is chan­ging sig­ni­fic­antly. Ex­am­iners have already been giv­en in­tern­al guid­ance and re­vi­sions to the EPO Guidelines...
08 October 2020
Ger­many tries again to rat­i­fy Uni­fied Pat­ent Court-Agree­ment
A bill for ap­prov­al of the Agree­ment on the Uni­fied Pat­ent Court (UPCA), le­gis­la­tion that would al­low Ger­many to rat­i­fy this con­ven­tion and to par­ti­cip­ate in this in­ter­na­tion­al pat­ent court sys­tem, was...
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...
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...