|Step number||Step corresponding information|
Prepare a patent specification which includes :
– a written description (to allow others to see how it works),
– drawings (to illustrate your invention),
|step 2||You fill in and file the form N° 11354*06 “Requête en délivrance de brevet” (Request for grant of a patent) together with a copy of your patent specification. You have différent possibilities to deliver your form : post it to our office, or deliver it in one of the different INPI offices in France, or in a graft court or in a prefecture. You also have the possibility to fax it, but you will have to regularize your situation by one of the previous ways within 2 days.|
|step 3||We respond by issuing a filing receipt which includes an application number and the date of the application, if your patent specification contains what is needed.|
|step 4||Before INPI exams your request, national defense can put at the secrecy your invention, if it has a strategic dimension. It is quite a rare case, and often the divulging authorization is quickly delivered.|
|step 5||There is an administrative and technical preliminary examination, to make sure that your application meets certain formal requirements. If information are not satisfactory we will write to you asking for the missing information.|
When everything is in order, we transfer your application to the European Patent Office, which will provide you a search report within 6-10 months.
The preliminary search report provides the list of the patents and all other documents published constituting “the state of the art” to the date of your deposit. You will be able to present observations on the quoted documents and if necessary, to amend your claims within the limit of initial description.
If your application is for a Utility Certificate, you do not need to ask for this search. The novelty of your invention will not be evaluated.
In the three months which follow the publication of the preliminary search report, any person will be able to present observations on the possibility of patenting your invention ; they will be communicated to you and you will be able to answer it.
The INPI will then draw up a final report, which will be joined to the granted patent.
|step 8||Whatever the state of the file and the advance of the procedure of research, the patent application is published in the “Bulletin Officiel de la Propriété Industrielle” (BOPI), 18 months after the date of application, accompanied by the preliminary research report if it is available.|
|Standard procedure||Application fee||36||This fee must be paid in the month following your application. You can deliver it at our offices or send it.|
|Search fee||500||The payment of this fee and the search can be delayed during a maximum of 18 months. You must then fill in the corresponding box of your application. In case of non payment within 18 months, your application will automatically be transformed in a Utility Certificate. If you ask for an immediate search report, the search will begin as soon as the application is regular, in principle before the end of the priority year during which you can choose to extend your application in other countries. If you want to apply for a Utility Certificate, you do not have to pay this fee.|
|Grant fee||86||This fee must be paid when your patent is granted, or your patent will be rejected|
|Procedure with reduced fees||Application fee||18||A reduction of 50% on the main fees is granted for : – individuals – SME of less than 1000 employees, whose sale turnover is lower than 50 million euros and whose capital is not held with more than 25% by an entity not meeting these first conditions. – non-profit institutions of the sector of teaching or research. Those institutions and SME must make a request within the time of the payment of the application fee (maximum one month), by joining a certificate. Renewals fees are also reduced until seventh year.|
|Optionals steps||Standard procedure||Additionnal claim||40||For each claim from the 11th, you have to pay an additional fee.|
|Procedure with reduced fees||Additionnal claim||0|
Before NPI, is it possible to contest a patent ? / Is it possible to present an opposition to a patent application ?
The patent delivery procedure does not include the possibility to present an opposition. However, in a delay of three months from the publication of the preliminary search report, the third parties have the possibility to present observations (by presenting to the INPI any document which could be considered as additional anteriorities).
Nullity Action (declaration of invalidity)
Who can file an application for declaration of invalidity of my patent?
Any interested party can file an application for declaration of invalidity of your patent,
Can I file an application for declaration of invalidity of someone else’s patent?
Where can I file an application for declaration of invalidity of someone else’s patent?
Application for declaration of invalidity must be filed before a Court
Action for damages
Is an action for damages available in your country?
Yes, you can file an action for damages in France.
Against whom to bring action for damages?
Action for damages can be brought against any person who has infringed your rights;
Can someone bring an action for damages against me too?
Yes, if you don’t respect the rights of third persons, they can bring action for damages against you.
To what kinds of IP rights do actions for damages relate?
Actions for damages can be related to patents, trademarks, designs (registered and non registered), copyrights, plant variety certificates.
Are there specific deadlines/timesframes which I have to observe in connection with an action for damages?
Yes, the deadline is about 3years counted from the counterfeiting acts concerned; about 10 years if the rights infringed are coyprights,
Who will take a decision on the legitimacy of an action for damages?
A court will take the decision on the legitimacy of the action for damages,
Do I need a legal adviser to bring an action for damages?
Yes, a legal adviser is compulsory.
Is customs seizure available in your country?
No, not for patents
Preservation of Evidence
A colour icon describes the complexity of each question as follows:
Direct links to the useful formulars :
• How to declare an employee’s invention
Information about renewal
To keep your patent in force Renewals must be paid.
Renewal fees have to be paid annually starting with the second year from the filing of the application for the patent. The renewal payment due date is the last day of the month of the anniversary of the filing date : for example if an application is filed on 10 May, the renewal payment due date will be 31 May.
|Year||Standard fees (€)||Reduced fees (€)||Comments|