Patent registration in France – Any company that owns a patent and intends to expand its business in the French market, create lasting value and find investors for their patent or license their future patents should use the French patent system. It is of paramount importance for businesses to file a patent application in France for inventions, even if the launch of the corresponding product on the French market has not yet taken place.
Deadline for filing a patent application in France
The deadline for filing a patent application in France claiming priority is normally 12 months from the priority date. The above deadline can be reinstated if the applicant has good cause for missing the deadline and files a request for reinstatement within two months.
The official language of the patent application process at the French National Institute of Industrial Property (INPI) is French. Applications can be submitted in any language; however, a translation into French must be submitted within two months of the date of application.
It is necessary to provide the following information and documents in the patent application file to the French Patent Office:
- the name and address of the patent applicant and the patent agent;
- patent claims;
- Invention description, drawings;
- request priority (if any).
Copies of the priority document must be submitted within 16 months of the priority date.
It is not necessary to provide a Power of Attorney if the applicant is represented by an industrial property attorney. In other cases, the original Power of Attorney must be submitted, which has not been notarized.
If the applicant is not the inventor or the sole inventor, a document designating the inventors with their names and addresses should be filed.
Examination of patent applications in France
Patent applications in France are subject to formal examination only. However, conducting a search (in case no priority is requested) or submitting a lookup report is required. The search must be requested at the time of application or within one month of the date of application.
Patent validity and renewal
Patents in France are valid for twenty years from the date of filing. Annual maintenance fees apply to both pending applications and granted patents. The first annual maintenance fee is included in the application fee. The remaining annual maintenance fees are due on the last day of the application month and may not be paid more than one year before the due date. Late payment is possible up to six months after the due date, in which case a corresponding surcharge will apply.
The annual fee may be paid up to four months before the due date or within a six-month grace period subject to additional payment of the surcharge.
The time frame of the patent application procedure
The average processing time for a patent application in France is between 2 and 3 years.
In France, since the implementation of the PACTE Act, it is possible to file an objection to a patent within 9 months after the patent is granted. The basis for the objection is the same as in Europe. The objections only concern French patents granted on or after 1 April 2020.
Represented by a patent attorney
International applicants should conduct a patent search in France through a law firm, or an experienced patent attorney.