Filing of patent applications in France | Filing of patent applications in Europe

Filing of patent applications in France

It is possible for any applicant to file French patent applications in any language. But a french translation must subsequently be filed and the deadline for producing the translation is two months from the corresponding official notification issued by French Patent Office.

We do not need any power attorney for filing and prosecuting a french patent application. In case of priority claiming, the priority document can be filed within a 16-month period from the priority date.

The Examination of the patent application is requested at the filing. In the absence of priority claimed, the French Patent Office issues a preliminary search report about 9-10 months after filing. It contains references which may be taken into consideration as to novelty and inventive step, as well as a Written Opinion of the Examiner regarding the patentabilty.

There is a kind of small patent in France (Utility Certificate) which does not require examination stage. Therefore, such utility certificate is issued quickly. The term of such utility certificate is 6 years from the filing date.

If particularly relevant references are cited, the applicant must answer within a 3-month period once renewable. The response consists either in observations or in amendments to the claims.

18 months after the filing or priority date, the patent application is published in the Official Bulletin of Industrial Property (BOPI), as well as the preliminary search report (citing the cited references) if available.

From the publication, third persons have a 3-month period to file observations and to cite references. The applicant then has to respond within a 3-month period once renewable from the notification of the observations. This procedure is in fact rarely used.

After the examination procedure, which can take 2-4 years, the French Patent Office indicates that the patent is about to be granted. The granting and printing fee has to be paid. The certificate is then delivered about 4 to 8 months later.

Without any further requirements, protection of a patent in France gives also rights in the 'Overseas Departments' (Guadeloupe, Martinique, Reunion and French Guyana), in the 'Overseas Territories' (French Polynesia, Wallis and Futuna, the French Austral Islands and the French Antartic territories), in the 'Territorial Collectivities' (St Pierre and Miquelon, Mayotte) and in New Caledonia and dependencies.

Any transfer or modification of the rights (assignments...) or any modification regarding the owner (name, address...) shall be recorded as soon as possible in the National Register of Patents in order to always be opposable to third ones.

Patent is a title delivered for a term of 20 years from the filing date. However, renewal fees have to be paid each year, from the filing, in order to maintain this title in force, at the end of the anniversary month of the filing.

A patent owner has the obligation of working out the patent. The lack of working out in a state member of the EEC for a 3-year period from the grant of the patent or 4-year period from the filing date (the longer one) or an insufficient exploitation allow a third person to ask for a compulsory licence.

Filing of patent applications in Europe

Our Firm represents applicants before the EPOEuropean Patent Office

The European Patent Office's website informs about procedure European patents granting, accessing lists of courses, seminars, conferences, official communications.

Clic to display the associated Web site from the filing to the validation in the differents countries of the granted European patent. We can handle also limitation, revocation and opposition procedures before EPOEuropean Patent Office

The European Patent Office's website informs about procedure European patents granting, accessing lists of courses, seminars, conferences, official communications.

Clic to display the associated Web site.