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Counsel in the Intellectual Property Digital Technologies department and particularly in the Patent team, Lionel advises French and foreign companies for their use or defense of their patent rights before the French courts or before the European Patent Office.
Lionel also advises these companies for their patent application filings in France, in Europe or for their international patent filings, as well as for monitoring the proceedings of grant of these applications.
Lionel began his association with August Debouzy in 2014, in his capacity of Patent Attorney, after having worked five years in a patent attorney firm. This association with August Debouzy continued with its registration to the Paris Bar in 2016.
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Patent : Rising star 2021 ; ‘Lionel Martin is a fine technician, each document is analysed with precision in order to make the most of it », « Gregoire Desrousseaux and Lionel Martin provide spot-on advise whenever it is needed.’, ‘Grégoire Desrousseaux, François Pochart, Abdelaziz Khatab, Lionel Martin. What sets these lawyers apart: expertise, capacity for work, responsiveness, client orientation and creativity.’
Rising star 2020/21
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19th version of the UPC Rules of Procedure: the opt-out becomes more complex with the possibility of its removal
After the opt-out and the correction of the opt-out, there is now the addition of... the removal of the opt-out. Abstract: The 19th version of the Rules
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Opposition before the INPI: publication of the first opposition decision
In our article of 2 March 2022, we reported our impressions on the firsts oral proceedings before the INPI[1] and pointed out that they are very similar to
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San-Ei v. Nexira on the abuse of the right to sue for infringement: an isolated case or the beginning of a disturbing case law for right holders?
the abuse of the right to sue for infringement : When it comes to infringement proceedings, it is common for the defendant to counterclaim for abuse of process, and equally common for the defendant to be dismissed. The dismissal of such claims is usually based on the grounds that the plaintiff may be mistaken about the scope of his rights and that the mere bringing of such action is not abusive per se.
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Patent opposition before the INPI: veni, vidi, now being able to tell how it could be
The opposition proceedings before the INPI came into force on 1st April 2020 and is off to a good start, with around twenty oppositions having been filed, mainly by strawmen but also by foreign companies. The oral proceedings started on 25 January 2022, and we attended and participated in the first four. Here we share our first impressions before the oral proceedings resume in mid-March. On the whole, the course of oral proceedings before the INPI is very similar to that of the European Patent Office (EPO) with, nevertheless, a notable singularity: the INPI seems to be more welcoming of late submissions.
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UPC: a forceps birth at the risk of a premature death?
In a recent article we announced the "top start" of the UPC following the announcement on the website of the EU Council of the "entry into force" of the Protocol on the provisional application of the UPC Agreement ("PAP-Protocol"). According to the EU Council, this entry into force would have taken place on 19 January 2022, the day Austria deposited its instrument of ratification of the PAP-Protocol.
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UPC: Top start... yes but how?
Signed in October 2015 by the representatives of the Member States, the PPA allows the institutional, organisational and financial provisions of the UPC Agreement to enter into a provisional application phase. Its purpose is to allow key decisions to be taken so that the UPC can become fully operational as soon as the UPC Agreement enters into force. The provisional application phase will also be used to allow for early registration of requests to opt out of the UPC's jurisdiction
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Unified Patent Court: For badly born treaties, entry into force await the passing of the years. No review in 2021 of the corresponding German unconstitutional appeals
The German Constitutional Court has just published the list of cases it plans to deal with in 2021. However, the two recent unconstitutionality appeals following the second German ratification law are not among these cases. Thus, the finalization of the German ratification process is still pending to the processing of these appeals, after the German Constitutional Court asked the Federal President not to sign the ratification law .
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OP in VICO for OPPO: GO! The agreement of the parties will no longer be required to close the opposition to a European patent by a videoconference hearing.
The recent decision of November 10, 2020 of the President of the European Patent Office (EPO), takes into account the health constraints imposed by the coronavirus over time, at the moment of the rise of its second European wave. In practical terms, this decision implies that for any oral proceedings in opposition scheduled from January 4, 2020 to September 15, 2021, it will be conducted by videoconference without seeking the agreement of the parties. This decision thus systematizes the holding of oral proceedings in opposition by videoconference.
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The Opposition before the French Patent Office
Today is the day of the “launch” of the opposition procedure before the French Patent Office (“Institut National de la Propriété Intellectuelle” or “INPI”). This procedure is a new way to challenge the validity of a French patent, alongside the claim for invalidity.
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Publication of Decree No. 2020-225 of March 6, 2020 on the opposition procedure for French patents and setting of the opposition fee
The decree n°2020-225, taken for the application of the ordinance n°2020-116 which creates a right of opposition to French patents, was published in the Official Journal on March 6, 2020.
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