Opposition against a French patent application can be the first step in opposing a European patent application

From now on, for French patents granted from April 1, 2020, oppositions can be filed within 9 months from the date of publication of the grant.

Under normal circumstances, most French companies take France as the first application country, and then file a European patent application with the EPO within the priority period, while the French first application that does not claim priority can be filed within 3 years from the filing date Authorized by the French Patent Office.

The opposition decision in France was made within 18 months after the end of the opposition period (that is, 9 months after the grant). Considering the time when the EPO patent application was granted, it is possible for the opposition requester to be in the corresponding European patent application. While under examination, a French opposition decision was obtained. In other words, the French opposition decision will always precede the EPO granted decision. In view of the fact that the French Patent Office extensively uses the rules and jurisprudence of the European Patent Office, an opposition to a patent application in France can be fully used in the corresponding European patent application, whether it is a third-party public opinion or an opposition request .

Therefore, filing an opposition against a French patent will greatly help the opposition petitioner to obtain stronger evidence for the opposition filed at the EPO.