Consultation responses
Contributing to the development of patent law also involves dialogue with institutions. This page brings together Matthieu Dhenne’s responses to public consultations, collective position papers from the Institut Stanislas de Boufflers and opinion pieces, with links to the documents and references.
PMAC, Patent Mediation and Arbitration Centre · 2026
Draft FRAND Guidelines: legal obligations and the design of consensual proceedings
14 October 2026: Personal contribution by Matthieu Dhenne
A contribution to the public consultation opened on 25 September 2026 by the Patent Mediation and Arbitration Centre of the Unified Patent Court on its Draft FRAND Guidelines Discussion Paper. The text starts from the FRAND undertaking itself and asks what mediation, expert determination or arbitration can actually obtain from it.
It proposes three additions: an optional schedule identifying the obligation relied upon, the persons bound by it and the intended effects of the procedure, a transition protocol between mediation, expert determination, arbitration and litigation that preserves the confidentiality of negotiations, and an explanatory record for outcomes that may lawfully be published, making their legal and methodological premises comparable. It discusses, among others, Tesla v InterDigital, Acer v Nokia and FRAND-Einwand III, and the interplay with Article 35 of the Agreement on a Unified Patent Court.
Download the full contribution (PDF, English, 276 KB)
This submission is made in a personal capacity. It does not represent the views of the firm, its clients or the institutions with which the author is affiliated. The analysis reflects the document dated 14 October 2026, the consultation remains open until 26 October 2026.
European Commission · 2026
Intellectual property in third countries: patent enforcement and SEP/FRAND disputes
28 August 2026: Personal contribution by Matthieu Dhenne
A contribution to the European Commission’s targeted consultation on the state of intellectual property in third countries. It focuses on China, standard essential patents, FRAND licensing and the cross-border effects of judicial measures.
The submission examines anti-suit injunctions, judicial determination of global licensing terms, decision transparency and procedural safeguards. It distinguishes WTO disputes DS611 and DS632 and considers effective and balanced protection for patent holders and implementers of standardised technologies.
Download the full contribution (Word, English, 40 KB)
This submission is made in a personal capacity. It does not represent the views of the firm, its clients or the institutions with which the author is affiliated. The analysis reflects the document dated 28 August 2026.
European Commission · 2020
Intellectual Property Action Plan
Feedback on the Intellectual Property Action Plan Roadmap of the European Commission.
A collective contribution from the Institut Stanislas de Boufflers, authored by Nicolas Binctin, Romain Bourdon, Matthieu Dhenne and Lionel Vial, in response to the consultation on the European Intellectual Property Action Plan roadmap.
Legislative work and hearings
Protection of trade secrets · 2018
On behalf of the CEIPI, Matthieu Dhenne took part in the preparatory work on Law No. 2018-670 of 30 July 2018 on the protection of trade secrets, which transposes Directive (EU) 2016/943. Report No. 777 by Raphaël Gauvain, rapporteur of the bill in the National Assembly, gives an account of the hearings held on that occasion (see the legislative file).
PACTE Act · 2019
Members of the Institut Stanislas de Boufflers were heard at the Ministry of the Economy during the preparation of the PACTE Act. They argued in particular for making actions for invalidity of industrial property rights imprescriptible, as Article 124 of Law No. 2019-486 of 22 May 2019 now provides. The proposal had been set out in an article published in December 2018, then developed in a note on the transitional rule and in the Institute’s collective position on the reform.
Unified Patent Court
The Institute was also consulted by the French authorities on the establishment of the Unified Patent Court, in meetings at the ministry.
Institut Stanislas de Boufflers position papers
2021 · Intellectual property and access to vaccines
Matthieu Dhenne co-signed The Waiving of Intellectual Property: A Poor Response to a Real Problem, a collective position paper discussing responses to the health crisis, access to technologies and licensing mechanisms.
Read the position paper on SSRN · Introduction on the Kluwer Patent Blog
2020 · Reform of the French patent system : PACTE Act
An Institut de Boufflers position paper co-authored by Nicolas Binctin, Matthieu Dhenne, Renaud Fulconis and Emmanuel Py, published in Propriété industrielle. It addresses provisional applications, utility certificates and opposition proceedings.
Opinion pieces in Les Échos
2026 · Digital platforms: liability arising from their design
An opinion piece by Matthieu Dhenne, published on 15 April 2026, on platform design, attention-capturing mechanisms and the liability issues they raise.
Read the article in Les Échos (French)
2024 · Research tax credit reform and patent expenditure
Co-authored with Lionel Vial and Didier Patry, this opinion piece discusses patent expenditure in the French research tax credit and support for innovation.
Read the article in Les Échos (French)
2021 · Patent policy serving public health
A collective opinion piece co-signed by Matthieu Dhenne in March 2021, discussing the adaptation of compulsory licensing to public-health needs.
Read the article in Les Échos (French) · English presentation on the Kluwer Patent Blog