PACTE law : what is the impact on IP ?

The bill on growth and transformation of companies (PACTE) was recently adopted by the French parliament.

What’s the real impact in terms of IP ?

Here is a recap of the main measures that should come into effect soon :

• Implementation of an administrative opposition proceeding for patents delivered by the French Patent Office.

• Creation of the provisional patent.

• Extension of the duration of the utility certificate (from 6 to 10 years)

• Harmonization and clarification of the prescription rules for infringement and trade secret actions and making imprescriptible cancellation actions against IPR.

The text shall now be enacted by the par le President and published in the Official Journal (after decision of the Constitutional Council).

We shall of course keep you regularly informed of the implementation of these measures.