Article Patent Law | 19/02/20 | 6 min. | François Pochart Asma Bendjaballah Lionel Martin Océane Millon de La Verteville
On 13 February 2020, Order No. 2020-116 was published in the Official Journal. It creates a right of opposition to the French patents before the INPI. The content of this ordinance is summarized in the report to the President of the Republic published the same day.
With the exception of certain provisions relating to French overseas departments, this Ordinance will enter into force on April 1, 2020, and will apply to patents whose mention of grant has been published in the Official Bulletin of Industrial Property as from that date.
This "French opposition", in preparation for many months, has already been the subject of several flashes to which we refer.
By way of introduction, it should be recalled that, since it is an ordinance, this text by definition relates only to amendments to the legislative part of the Intellectual Property Code. The corresponding implementing decree should be issued shortly.
The main changes to the text submitted for public consultation are as follows:
The implementing decree will lay down the conditions for implementing this new right of opposition, such as the authority of res judicata.
Opposition guidelines will also have to be drawn up by the INPI - but on this point the deadlines are likely to be much longer.
 https://www.august-debouzy.com/en/blog/1240-pacte-law-and-industrial-property-how-to-make-the-french-patent-more-attractive ; https://www.august-debouzy.com/en/blog/1382-implementation-of-opposition-proceedings-against-a-french-patent-get-ready-now ; https://www.august-debouzy.com/en/blog/1390-publication-of-decree-n2019-1316-relating-to-trademarks-or-service-marks-its-impact-on-all-appeals-against-the-decisions-of-the-director-general-of-the-french-pto ; https://www.august-debouzy.com/en/blog/1329-adoption-of-the-pacte-bill-by-the-national-assembly-what-impact-on-industrial-property
 See the draft "Consolidated provisions resulting from draft ordinances and decree n°2019-XXX of XX/XX/XXXX relating to the creation of a right of opposition to patents" available on the AFPPI website: https://www.afppi.fr/commissions/loi-pacte/loi-pacte/
 Civ. 2, 8 July 2004, pourvoi 02-15893; R. Perrot, "Jugement : la notion de jugement définitif ", RTD civ. 2004. -775