France is one of the top nations for intellectual property research and development and is a party to the Patent Cooperation Treaty (PCT). In terms of innovative patents in machine learning and artificial intelligence, France is among the top nations in the world. In addition, it is one of the European nations that are heavily involved in patent applications and licensing domestically and at WIPO.
The National Institute of Industrial Property (INPI), which also handles the registration of trademarks, designs, geographic indications, and other types of intellectual property, excluding copyrights, is responsible for managing intellectual property in France, particularly patents. The Office of Literary and Artistic Property, a division of the Directorate of Legal Affairs, is responsible for managing copyrights in France. Additionally, the Ministry of Culture and Francophone Affairs’ Director of General Administration is responsible for managing copyright in France.
Filing requirements
The National Institute of Industrial Property’s (INPI) hearings are conducted only in French. Applications may be submitted in any language, but the French translation must be sent within two months of the application’s filing date.
To obtain the date of filing, it is necessary to submit the following:
- Request to grant a patent;
- Information about the applicant;
- Description of the invention (does not have to comply with the formal requirements);
- Priority claim (if any).
Within 16 months of the priority date, a copy of the priority document must be submitted.
If the application is represented by an industrial property attorney, the Power of Attorney is not required. However, you should present the original, unnotarized Power of Attorney in other situations.
A document listing the inventors’ full names and addresses must be filed if the applicant is not the inventor or the lone inventor.
Novelty grace period
Disclosure of an invention will be disregarded if it occurred within six months before the priority date and as a result of:
- The disclosure made by the applicant or applicant’s legal predecessor at an official or officially recognized exhibition (provided that the corresponding substantiating is filed);
- An evident abuse in relation to the applicant or applicant’s legal predecessor.
Validity term
The grant fee for patent applications must be paid in France within two months of the day the Notice of Allowance was issued. A patent is valid for 20 years from the filing date. Both granted and pending patents require yearly maintenance costs. The registration fee includes the first annuity. Annuities cannot be paid more than a year before the due date; they are due on the last day of the month after the filing. Late payments are permitted within six months of the due date; a commensurate surcharge will be assessed.
Utility model
A utility certificate with a non-extendable 10-year validity period is available in France. The same filing criteria apply for patents, but no search is done. Applications for utility certificates are only subject to formal inspection. With utility certificates, items, processes, or devices can be protected. The same rules that apply to patent payments also apply to annuities.
Also, get in touch with us for Trademark registration in France.