Translation of European patents – January 2012

The French translation of a European patent as amended after opposition proceedings when it was issued before the entry into force of the London Agreement is not acceptable. The Commercial Division of the Court of Cassation held that Article 1, paragraph 1, of the London Agreement of October 17, 2000, ratified by France and those of Article 10 of the Act of 29 October 2007 were as rules not related to the existence of a European patent rights and as such apply from 1 May 2008, date of entry into force of these texts, regardless of whether the text of the European patent in its original version was published previously.

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