Subsection 1: Opposition

Subject to the inadmissibility raised ex officio by the Institut national de la propriété industrielle and to the cases of suspension or closure of the procedure referred to in Articles R. 613-44-10 and R. 613-44-12 respectively, the opposition proceedings shall take place in the following four phases:

1° A phase of information and collection of the patent proprietor's opinion.

The Director General of the Institute will notify the patent proprietor of the opposition without delay. The patent proprietor shall be given a period in which to submit observations in response to the Institute or to propose the amendment of the patent and, where appropriate, to appoint a representative pursuant to the fifth paragraph of Article R. 613-44;

2° A phase during which the Institute prepares the notice of prosecution. No later than three months after the expiry of the period referred to in 1°, the Director General of the Institute will notify a notice of inquiry drawn up on the basis of the information provided by the parties. The parties are given a period in which to submit their observations or, in the case of the patent proprietor, to propose amendments to the contested patent. This notification shall be accompanied, where applicable, by the observations or proposed amendments to the patent submitted by the patent proprietor pursuant to 1°;

A written phase. 3° A written phase

. On expiry of the period referred to in 2°, if at least one of the parties has submitted observations or if the proprietor of the patent has submitted proposals to amend the patent in response to the notice of inquiry, the parties shall be notified thereof. The parties are given a period in which to submit their observations in response or, in the case of the proprietor, to propose new amendments to the patent. In the event of a response by at least one of the parties, the latter shall be notified on expiry of this period;

An oral phase. 4° An oral phase

. As part of the presentation of its written observations, each party may ask to present oral observations. The Director General of the Institute may also invite the parties to present oral observations without prior request if he considers this necessary for the purposes of the investigation. The parties are then brought together at the end of the written phase of the investigation in order to present their oral observations, in accordance with the procedures laid down by decision of the Director General of the Institute.