There are three types of patent applications in France: invention, utility model and design. Since France began comprehensive substantive examination of invention patent applications in 2020, application for a utility model patent certificate may become another option for obtaining French patent rights conveniently and quickly.
French utility model patent applications do not undergo substantive examination. As long as they are formally compliant, they are usually automatically granted about 6 months after the application is published. Therefore, there is no need to pay a search fee. The main cost difference from invention patent applications is whether to pay a search fee and the cost of responding to the examination opinion.
The protection period for utility models is 10 years from the date of application. If a lawsuit is filed based on a utility model, a search report must first be requested from the French Patent Office.
Utility model certificates are more suitable for products with a shorter life cycle. When the intellectual property is mainly used as a commercial promotion point and no litigation is considered through it, this path can be given priority.
In addition, French utility model certificate applications and invention patent applications can be converted into patent types within 16 months from the date of application.
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