One of the most significant measures of the Action Plan for Business Growth and Transformation (PACTE) affecting patent law is about to come into force.
Under the new measures, the National Industrial Property Institute will examine and grant French patent applications filed after 22 May 2020 if they meet not only the criterion of novelty, but also the criterion of inventive step.
This change aims to improve the deterrent effect of patents by strengthening their presumption of validity. It is the counterpart of the French patent opposition procedure, which was also introduced by PACTE.
French patent applicants should therefore examine carefully whether to file their application before or after 22 May 2020, depending in particular on the strategy for extending the protection of their invention.
