French Chapter of Global Patent GO——Introduction to French Patent Application

France in change

As the first major western country to formally establish diplomatic relations with China, France has developed a mutually beneficial relationship with China for 50 years. In the eyes of the Chinese, France is the birthplace of democracy and freedom and the most popular tourist destination. It is the capital of fashion and luxury, with many world-renowned museums, as well as gourmet food. Many people ignore the industrial strength of France based on this.

In fact, as a veteran imperialist country, France has an extremely strong industrial foundation. For example, EDF is the largest power supplier in the world. 23% of the electricity in the European Union comes from France. France has the highest nuclear energy ratio in the world. There are 59 nuclear power plants in the country. Three high-speed trains, Thalys, Eurostar and TGV, are connected to almost all neighboring countries in Europe by cross-border railways; the total length of French roads is 1,027,183 kilometers, the longest in Europe. Inheriting the extraordinary achievements of science and technology in the Age of Enlightenment, France currently has advanced design and development of medical care, aviation, communication systems, missiles, space rockets, helicopters, and satellites. In 2006, France launched an industrial innovation plan aimed at "creating tomorrow's products" to revitalize French industrial technology and drive industrial development. The fields include green chemicals, energy-saving houses, new driverless subway trains, multimedia search engines, mobile TV and hybrid car. As a representative country of the civil law system, France has launched a series of laws to promote the development of French industries. In 2019, France passed the "Draft Law on Enterprise Growth and Transformation", which aims to help enterprises grow, and includes an attempt to transform the French business model. It can be seen that France is trying to respond to the reality of the 21st century. Therefore, France The revision of the "French Intellectual Property Code" was launched, which improved the utility model system and clarified that intellectual property invalidation lawsuits are not subject to statute of limitations. In 2021, the French National Investment Bank and French industrial organizations jointly launched the "Memorandum of In-depth Cooperation between Technology Startups and Large Companies" to promote the development of technology start-ups and cooperation with large companies.

France is one of the first countries in the world to formulate intellectual property laws. It promulgated the patent law in 1844. France has created a very special invention patent examination system, which is different from the strictness of substantive examination of patent applications in other countries. The French examination system is between the substantive examination system and the record registration system. Applicants can get both The authoritative search report issued by the EPO is not restricted by the reply to the search report. France puts the final confirmation of patent rights in the litigation court to save review resources. Today we will take a look at the French patent system.

French patent overview

1. Paths for Chinese applicants to apply for patents in France

Paris Convention, direct application. (The via Nationalization of PCT cannot directly enter the French national phase, and needs to go through Europe to France to take effect)

2. Review unit

The French Patent Office, INPI, was established by a national decree of April 19, 1951, under the Ministry of Economy, Finance and Industry, with a total of 750 employees. INPI currently has 11 sub-centers in France. Starting from April 1, 2020, anyone can directly submit an opposition request to the French Industrial Property Office within 9 months for a published French patent. Objections will be handled by INPI examiners with technical background and relevant fields of examination, with faster processing times.

3. Submit your application

1) Deadline requirements: INPI approves the restoration of the right of priority,

2) The application text can be submitted in any language, but the French text must be submitted within 2 months from the filing date.

3) Patent applications can be submitted directly by mail, fax, online application, and in person.

4. Formal examination

INPI ex officio inspects the application after receiving the application documents and confirms the filing date. Lack of documents will affect the determination of the filing date.

5. Review and Authorization

After the corresponding administrative review and technical review, INPI will entrust the EPO to conduct a patent search, and then send a preliminary search report and patent review opinions to the applicant. After the applicant has exchanged opinions with INPI and completed revisions, INPI prepares the final search report. The patent will be authorized after the applicant pays the granted registration fee.

6. Disclosure procedure

The patent application and search report will be published in the Official Gazette of Industrial Property 18 months from the priority date/filing date.

7. Supplementary Protection Certificate (SPC, Supplementary Protection Certificate)

As a member of the European Union, France can enjoy the EU's patent supplementary protection certificate system to compensate for the market monopoly power that new drugs do not enjoy during the development and approval process. The maximum period of SPC protection is 5 years.

Advantages of a French Patent

1. The applicant can make good use of the French patent application strategy, first obtain a high-quality EPO search report, and then decide whether to apply for a patent in Europe. In the best case, the French patent certificate and the European patent certificate can be obtained at the same time.

2. The French patent application will benefit the company's research and development work, bring returns, and gain a strategic competitive advantage in an increasingly fierce and globalized environment.

3. Submitting a design patent to INPI can obtain a minimum of 5 years of operating monopoly in French territory. The monopoly is incremented by 5 years, up to 25 years, and can obtain dual protection of copyright and industrial property rights .

Friendliness to Chinese applicants:

★★★★★

Gold content of patent rights:

★★★★

The degree of perfection of the rights protection mechanism:

★★★★★