PACTE법률 제정에 따른 프랑스 특허제도의 변화

In the context of economic reform of the Macron government, the law relating to the Action Plan for Business Growth and Transformation of Companies(“PACTE Act”) was promulgated on May 23, 2019 in France. Particularly, the PACTE Act deals with points relating to patents in its articles 118 and 121 to 124. One of the most important measures of the PACTE Act regarding patent system is strengthening of examination of patent applications by the French Industrial Property Office(Institut National de la Propriété Industrielle, INPI). Before the PACTE Act, the INPI’s examination was limited to a assessment of certain substantive grounds (i.e., absence of patentability, lack of novelty). Such defects had to be “manifest” in the opinion of the examiner. In addition, the criteria of inventive step and industrial application were not even considered. PACTE Act strengthens the INPI’s examination by allowing the INPI to reject a patent application for lack of novelty, lack of inventive step or lack of industrial application. Along with these changes in the patent system, the PACTE Act also brought about modernization of the utility certificate system. The duration of the utility certificate increases from 6 years to 10 years, and the possibility of transforming an application for a utility certificate into a patent application. Prior to the PACTE Act, only patent applications could be converted into utility model applications; the reverse was impossible. Another important measure of the PACTE Act is the introduction of opposition proceedings to French patents before the INPI. Until now, the invalidity of a French patent can only be challenged before French courts. This new administrative opposition procedure will make it possible to obtain either the revocation of a French patent outside the courts. Finally, the PACTE Act also provides that invalidation actions against industrial property titles are not time-barred, namely, no prescription period for patent invalidation actions. We can say for sure that these changes will have a substantial impact on practice at the INPI, in particular with regard to the granting of French patents, which will certainly be complicated. The details of these changes were delegated to subordinate legislation. We will therefore need to closely watch the subsequent implementation of new legislation.