Decree n°2015-511 of May, 7th, 2015: the INPI silence is not considered as an acceptance

The Decree n°2015-511 of May 7th, 2015 introduces exceptions concerning the principle "silence is considered as an acceptance".

In the relationship between the citizens and the Administration, the principle is: "if the administrative authority failed to respond within two months to a citizen request, the silence is considered as an acceptance" (Decree n°2014-1280 of October 23rd, 2014 and Article 21 of Law n°2000-321 of April 12th, 2000). However, a decree may provide exceptions.

In case of the silence of the Administration, the Decree n°2015-511 of May 7th, 2015 (article 1) specifies the conditions for the formation of an implied refusal for the following procedures:

- Registration and prorogation of the registration of a design or a model.

- Request for renunciation, for limitation or revocation of a patent.

- Registration and renewal of a trademark.

Under these procedures, the INPI silence shall be considered as a refusal.

For the application for registration of a trademark and of a design and model, which are subject to an implied refusal within six months, the Decree n°2015-511 stipulates that the implied refusal term is interrupted after six months if an objection is made by a third-party at the INPI. Every application which is currently in review at the INPI is concerned by this term interruption measure.

Furthermore, the Decree n°2015-511 deletes the 4 months term which was applicable for patent granting application in accordance with the annex of the Decree n°2014-1280 of October 23rd, 2014. In application of the legal dispositions of the intellectual property Code, the publication of the patent granting application occurs within a term of 18 months after the request is made, thus an implied refusal could not happen within a 4 month term after the demand was made.

For the applicants, the situation is clarified and is in compliance with the legal standards.

In consequence, the corresponding articles in the intellectual property code and the dispositions of the Decree n°2014-1280 of October 23rd, 2014 concerning the enumerated exceptions are modified.

The Decree n°2015-511 of May 7th, 2015 entered into in force on May 9th, 2015. It shall apply to previous applications which have not given rise to any express decision.

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