About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgments IP Resources IP Reports Patent Protection Trademark Protection Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making IP Cooperation Innovation Support Public-Private Partnerships The Organization WIPO and Artificial Intelligence Working at WIPO Accountability Patents Trademarks Designs Geographical Indications Copyright Trade Secrets Future of IP WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Women Universities Indigenous Peoples Judiciaries Youth Examiners Innovation Ecosystems Economics Finance Intangible Assets Global Health Climate Change Competition Policy Sustainable Development Goals Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Frontier Technologies Mobile Applications Sports Tourism Music Fashion PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center World Intangible Investment Highlights WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay WIPO Wallet WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Tailored Initiatives & Projects Collaborative Forums & Dialogues Innovation, Creativity and Development Acceleration Program IP for Impact National IP & Innovation Strategies Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program IP Commercialization WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators Member States Observers Director General Activities by Unit External Offices Global Forum on IP and AI AI Infrastructure Interchange AI Tools & Services Staff Positions Affiliated Personnel Positions Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

France

FR015-j

Back

2026 WIPO IP Judges Forum Informal Case Summary – Court of Appeal of Paris, France [2025]: Case No. 23/07392 (on remand after quashing)

This is an informal case summary prepared for the purposes of facilitating exchange during the 2026 WIPO IP Judges Forum.

 

Session 4: Software and Digital Technology Patents

 

Court of Appeal of Paris, France [2025]:  Case No. 23/07392 (on remand after quashing)

 

Date of judgment: March 26, 2025

Issuing authority: Court of Appeal of Paris

Level of the issuing authority: Appellate Instance

Type of procedure: Judicial (Administrative)

Subject matter: Patents (inventions)

Plaintiff/Appellant: Thalès

Defendant/Respondent: Director General of the National Institute of Industrial Property (INPI)

Keywords: Patentability; Presentation of information; Technical contribution

 

Basic facts: Thalès applied for a French patent covering a method for displaying waypoints of a flight plan on a cockpit screen, characterized by:

-       Waypoints being displayed in a window comprising a scaled timeline; and

-       The timeline being longer than the height of the window, so that the window displays only part of the timeline, with the displayed part being decided by the user (e.g. pilot).

 

Thalès also argued that a person skilled in the art, relying on common general knowledge, would know how to implement the claimed technical function without further indications in the patent application.

 

INPI rejected the application, considering the claimed subject-matter to be a combination of the presentation of information and a mathematical method.

 

In the first decision, the Court of Appeal overturned INPI’s rejection on the basis that claimed features constituted technical means distinct from the content of the information itself, assisting the pilot in selecting the most relevant information. The Court of Cassation quashed this decision on the issue of subject-matter eligibility, considering that neither the patentee nor the Court of Appeal had established the existence of a “technical contribution” or explained in what way the claimed means had a technical character distinct from the mere presentation of information. The case was then referred to the Court of Appeal before a differently constituted panel.

 

Held: The Court of Appeal held that the patent did not describe any “technical contribution” and that reference to the person skilled in the art was irrelevant to the assessment of patentability.

 

Relevant holdings in relation to Software and Digital Technology Patents: The judgment confirms that the mere use of or reference to technical means is insufficient. The claimed invention must explain how the claimed means constitute a technical solution to a technical problem, distinct from the presentation of information.

 

Relevant legislation: Article L.611-10 of the Intellectual Property Code (FR625)