terms and conditions
These terms and conditions apply to any use made of the “Patent status database”, the search service made available to users
by the INPI. They conform to the principle of equality of treatment for users
of the public service and accordingly may not be the subject of any changes at
the request of users unless such request is justified by objective, real and
substantial reasons.
ARTICLE 1 – SUBJECT
The “Patent status database” search
service is published by the National Institute for Industrial Property (INPI),
a public administrative body located at 26 bis, rue de Saint Petersbourg, 75800 cedex 08
Paris - Telephone: 0 820 213 213 - Fax : 33 (0)1 53 04 45 23.
The
publications manager in charge of the website is Mr Yves Lapierre, the
Director General of the INPI acting on its behalf.
The
software for the “Patent Status” database was supplied to INPI by the European
Patent Office (EPO).
The statutory task of the INPI is in
particular to centralise and distribute any information required for the
protection of innovations. As such, it disseminates all technical, commercial
and financial information contained in industrial property deeds.
In order to comply fully
with this duty of dissemination in accordance with the principles and
requirements of the public service, in particular the obligations of equality
of rights, continuity, upgradability and neutrality, INPI has
proceeded to computerise this store of information and make it available to
users through the “Patent status database” search service.
This “Patent service
database” search service makes information available to the public connected
with the status of:
- French patent applications
and utility certificates published since 1978
- European patent
applications published since 1978 provided the patents have been granted and
that they designate
- applications for supplementary
protection certificates associated with these patents.
The
database is updated weekly on Friday mornings, the day the Official Journal (BOPI)
is published.
ARTICLE
2 – OBLIGATIONS
2.1 – User
obligations
Free access to the Patent status
database search service and strict compliance with these terms and
conditions provide the user with the non-exclusive right to access the database
strictly for his own internal use. All other rights are reserved.
The
user undertakes to comply with all laws, regulations and standards currently in
force.
The user undertakes in particular
not to violate or attempt to violate the IT security of the information systems
of INPI or any of its service providers nor hinder their operations or make
fraudulent use of them.
The
user shall refrain from any act that might prevent or curtail in any way
third-party access to the Service or its use, at the risk of being refused
access to the service without notice and being subject to claims for damages.
The user shall furthermore refrain from appropriating or attempting to
appropriate unduly the data made available on the service and undertakes to
preserve the quality of the service, its equipment and its pass band.
.
2.2 – Obligations of the
INPI
For the avoidance of doubt, the INPI undertakes to use reasonable efforts to
set up and update the database and ensure the permanence, continuity and
quality of the service it provides. In no case may any absolute obligation be
required of it.
The
INPI undertakes to act within a reasonable time limit, in cases of breakdown or
anomaly preventing access to the service, to restore access or inform users.
The INPI nevertheless reserves the right to suspend the service at any time for
reasons of maintenance, upgrading or rectification.
ARTICLE 3 – LIABILITY
It is emphasised that the
information is provided on an indicative basis. The service does not replace
professional services or opinions and search results should in no event be used
as the basis for legally or economically binding decisions.
The
user acknowledges that he is fully informed of the fact that the information
available may have been supplied by the industrial property services or
competent authorities who remain entirely responsible for it, while the INPI
merely makes it available to users, as received, without any guarantee of any
kind and purely for information.
The user is
solely responsible for the requests and choices he makes and for the direct or
indirect consequences of the use made of the results provided.
In
no case may the INPI be held liable for inaccuracy, incompleteness or
irrelevance of the data and information available via the service, in
particular when these originate from third parties.
To obtain official information,
users are invited to contact the relevant industrial property authority.
Users
of the Service acknowledge that they possess the competence and facilities
required to access and use the site. They also acknowledge having verified that
the IT system through which they accessed the database is free from viruses and
functions correctly.
Data
downloading operations are
carried out under the user’s liability. As users make use of their own
terminal, modem or any other equipment to access the Service, the INPI is not
liable for damage of whatever kind resulting from the use of the Service nor is
the INPI liable in the event of a technical inability to connect.
ARTICLE 4 – PERSONAL DATA
Users
are informed that during their visits to the site, a cookie may be automatically
installed in their browser software. A cookie is a feature that does not enable
the user to be identified but is used to record information concerning his
navigation on the website. The user can de-activate this cookie by using the
settings of his browser.
The Service has IT
functions intended to manage more easily the dissemination of information and
access to data. The information recorded is reserved for the use of the service
concerned and may not be passed on without the agreement of the person
concerned. In accordance with Articles 39 et
seq of Act N° 78-17 of
-
by post: Institut National de la Propriété
Industrielle (INPI) Département de la Documentation et de l’Information 26 bis,
rue de Saint Pétersbourg, 75800 PARIS Cedex 08
-
by email: contact@inpi.fr
The automatic processing of personal
data carried out via the Service has been declared to the French Data
Protection Authority (CNIL) under N° 849443
ARTICLE 5 – INTELLECTUAL
PROPERTY RIGHTS
The site names and logos are registered
trademarks. Any total or partial reproduction of these marks or logos carried
out using material from the site without the express authorisation of the INPI
and the right holders is accordingly prohibited, pursuant to Article L.713-2 of
the Intellectual Property Code.
The databases appearing on the website
are protected by the provisions of the Act of 11th July 1998 implementing the European Directive of 11th
March 1996 on the legal protection of databases into the Intellectual Property
Code.
In
particular any extraction and/or reutilisation of quantitatively or
qualitatively substantial parts of the contents of one of the databases on this
website is prohibited. Any extraction or reutilisation of quantitatively or
qualitatively substantial parts of the contents of one of the databases of this
website is subject to the prior grant of a licence as under Article 6.
Any
infringer is liable to the sanctions set out in Articles L 343-1 et seq of the Intellectual Property
Code.
When
applying these provisions, a part is deemed to be substantial in particular:
1.
in
qualitative terms, when an extraction or reutilisation concerns a comprehensive,
coherent or relevant set from the data shown in the catalogue;
2. in quantitative terms, when an extraction or
reutilisation concerns a volume of data greater than 10% of the annual flow per
year and/or greater than 10 requests per minute.
Users
wishing to download large quantities of data are invited to contact the INPI.
The
simple insertion of a hypertext link to the site is not deemed to be an
extraction. However, site users/visitors may not place a hyperlink pointing to
this site without express prior authorisation from the INPI.
ARTICLE 6 – LICENCES
In
accordance with Directive 2003/98/EC of the European Parliament and of the Council
of
Further
information concerning the allocation procedures and charges is available on
the site www.inpi.fr (tag “Services et
Prestations”, under heading “Réutilisation des données de l’INPI”) and from the
INPI.
ARTICLE 7 – JURISDICTION AND APPLICABLE LAW
These terms and conditions
are drafted in French and English versions. In the event of any dispute
concerning the interpretation or enforcement of these terms and conditions, only
the French version shall be deemed to be authentic.
Failing a mutual agreement
between the parties, jurisdiction lies exclusively with the
The law of the