The PACTE law, promulgated on May 23, provides for several measures that directly concern intellectual property. What is at stake? To adapt the intellectual property system to new practices, to meet the needs of all businesses, with more flexible access channels and to strengthen the robustness of titles.
" Accompagner les innovateurs pour les aider à les transformer leurs idées en objets de marché, tel est la mission confiée à l'INPI par l'État. Translated into the Pacte law, the political will to strengthen industrial property in a way that has not been seen for many years will enable the INPI, in a globalized and constantly changing economy, to better protect innovations and strengthen the competitiveness of our companies, and therefore of France. » commented Pascal Faure, Director General of INPI.
Measures concerning patents :
- Extension of the utility certificate from 6 to 10 years and the possibility of converting a utility certificate application into a patent application.
- Creation of a provisional patent application: light and inexpensive, this procedure makes it possible to date in terms of anteriority, with a simplified content. It aims to facilitate access to intellectual property, in particular for SMEs, start-ups and researchers.
- Creation of a patent opposition procedure before the INPI: this procedure makes it possible both to strengthen the legal security of the patent and to simplify for third parties the procedure that can lead to the annulment of invalid titles.
- Strengthening of the patent examination procedure: complementary to the opposition procedure, this measure aims to strengthen the substantive examination of patent applications by the INPI (inventiveness criterion) and thus improve confidence in the French patent system.
Measures concerning trademarks:
- Creation of new types of trademarks: possibility to register audio or multimedia files, allowing to hear and see a sound, motion (animated) or multimedia trademark.
- Evolution of the trade mark opposition procedure: more flexible, fairer and more economical, this procedure is being strengthened for the benefit of opponents.
- Creation of a procedure for the cancellation and revocation of trade marks: whereas today economic operators can only apply for the cancellation or revocation of a trade mark before the courts, it will now be possible for them to have recourse to a cancellation procedure directly with the INPI, which is a simpler, faster and less costly administrative procedure.