FRANCE Law and Practice Contributed by: Céline Bey and Alexis Augustin, Gowling WLG
novelty or non-industrial applicability. Then, the INPI transmits to the applicant a prior art search report with its opinion on the patentability of the invention. The applicant can respond to the INPI’s observations within three months and/or amend its application. Within a period of three months from publication, the applicant may receive observations from third parties to which they must reply. At the end of this period, the INPI establishes a final report and, if the regis- tration fees are paid, the patent can be granted within six months. The EPO procedure differs slightly as the prior art search report and the opinion on patent- ability are transmitted before any substantive examination of the application. The publication of application occurs 18 months after the filing date. Within six months of the publication, the applicant can decide whether to abandon or pursue with an examination on the merits by the EPO. During this period, the EPO may require the applicant to provide additional information. Since 1 June 2023, the unitary effect of a Euro- pean patent may be requested within one month of its grant. During the transitional period, which will last until June 2030 (renewable once for seven years), the applicant must only provide a translation of the patent in one language (in English for patents granted in French or German and in any EU language for patents granted in English). After this transitional period, no transla-
the application occurs 18 months after the filing date or priority date. Trade Secrets There is no grant procedure for trade secrets as protection is automatically conferred to the person lawfully in control of confidential infor- mation for which reasonable steps have been implemented to preserve its secrecy. 1.3 Timeline for Grant Procedure Patents The grant procedure for French and European patents can last several years, depending on the complexity of the invention and its technical field. On average, it takes from two and a half to four years before the INPI and four years before the EPO. Representation by a qualified attorney is not mandatory before the INPI, but is recommend- ed. Similarly, applicants can file European patent applications themselves, unless their residence or place of business is located outside an EPC contracting state.
Official taxes are payable to the INPI: • EUR26 for the filing of the application; • EUR520 for the search report; and • EUR90 for the granting of the patent.
Fee reductions may apply for individuals, edu- cational or research non-profit organisations and small companies. The total procedure for European patents costs approximatively EUR6,100 (or EUR5,875 for online applications). Patent attorneys’ fees range from EUR5,000– 6,000.
tion will be required. Utility Certificates
The grant procedure for a French utility certificate is essentially the same as the above-mentioned French patent procedure, with the exception that it does not involve any prior art or substantive validity examination by the INPI. Publication of
148 CHAMBERS.COM
Powered by FlippingBook