FRANCE Law and Practice Contributed by: Céline Bey and Alexis Augustin, Gowling WLG
Utility Certificates The grant of a utility certificate usually takes two years after the filing. The above patent fees equally apply to utility certificates, with the exception of the search report fee. 1.4 Term of Each Intellectual Property Right Protection for both French and European pat- ents lasts for 20 years from the application date, provided annual fees are duly paid. Utility certificates are granted for a period of ten years from the application date. Trade secrets are protected indefinitely. 1.5 Rights and Obligations of Owners of Intellectual Property Rights Patentee Rights The patentee has the exclusive right to exploit the patented invention. In particular, the patentee has the exclusive right to use the invention to manufacture and put on the market the patented products or those obtained by the patented process. The paten- tee is also entitled to assign or license its rights and decide who can use, make, distribute or sell the patented invention. Unauthorised use of the invention qualifies as an infringement for which the patentee may obtain injunctions and dam- ages. Patentee Obligations In France, any third party can request the grant of a compulsory licence before the Paris Court of First Instance (Article L.613-11, IPC) if, in the absence of any lawful excuse, at the end of a three-year period after the grant, or four years from the application date, the patentee:
• has not exploited the patented invention or made effective and serious preparatory meas- ures to do so; • has not marketed the patented products in sufficient quantity to satisfy the French mar- ket’s needs; or • has abandoned the exploitation of the patent for more than three years. Moreover, an annual fee shall be paid to maintain the patent in force. While annual fees relating to French patents and to the French part of European patents must be paid to the INPI, annual fees of unitary patents are to be paid to the EPO. 1.6 Further Protection After Lapse of the Maximum Term The protection cannot be extended beyond the 20-year period from the application date (Article L.611-2, IPC). However, the following patents • a process for obtaining a medicinal product; • a product necessary for the manufacture of a medicinal product; or • a process for the manufacture of a medicinal product. SPCs aim at extending the period of protection by taking into consideration the time required to obtain a marketing authorisation (MA). SPC applications must be filed within six months after the grant of the first MA, or alternatively within six months of the grant of the patent if the MA is granted before the patent. are eligible for an SPC: • a medicinal product; SPCs take effect on the expiry of the patent for a duration that cannot exceed seven years after this expiration and 17 years from the grant of
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