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: email@example.com
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
accordance with Directive 2003/98/EC of the European Parliament and of the Council
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