- European
Why did this situation occur?
The reason is that Chinese applicants lack a systematic understanding and knowledge of the French patent system.
So, today's article will systematically introduce the "French Patent System" in the hope of providing new ideas for overseas patent layout.
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Types of patent protection
According to the Code, the object of industrial property certificates involved in French patents is "any invention", and the types of industrial property certificates include invention patents, utility certificates, and supplementary protection certificates.
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Patent application procedure
Patent protection in France can be obtained by submitting a French patent application or utility certificate application, or by designating France in a European patent application or PCT application. However, it should be noted that for PCT applications designated in France, France has introduced Article 45 (a) of the PCT Agreement, closing the channel for PCT patents to directly enter the French national phase. Therefore, the only way to obtain PCT patent protection in France is to apply for a European patent with the European Patent Office, which will take effect in France after being accepted, examined, and authorized by the European Patent Office.
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patent examination
Once a patent application is submitted, the State Administration of Industrial Property will conduct an examination process to ensure that the application complies with the law and requirements. This includes evaluating the novelty, inventiveness, and practicality of patent applications. The State Administration of Industrial Property will also consider any possible patent infringement issues.
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Patent protection period
The validity period of French patents is 20 years, and the protection period for utility models is 10 years. Calculated from the date of application. During this period, the patent holder has the right to prevent others from manufacturing, selling or using the invention of the patent in France.
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Patent dispute resolution
In terms of patent disputes, France has a specialized court, the Paris Court of First Instance Intellectual Property Chamber, responsible for handling patent related disputes and litigation. The court has professional intellectual property judges who can provide efficient and professional dispute resolution services.
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International Patent Protection
France is a member of the Paris Convention, the European Patent Convention, and the World Intellectual Property Organization. Therefore, applicants can expand their patent protection through the international patent application process and obtain patent protection in France.
The specific time of the French patent examination cycle depends on various factors, including the complexity of the application, the completeness of the documents provided by the applicant, and the efficiency of communication between the applicant and the French National Institute of Industrial Property (INPI). However, the following is the approximate time range of the French patent examination cycle in general:
After receiving the application, the French National Industrial Property Office will conduct a preliminary examination to confirm the completeness and compliance of the application documents. The initial review usually takes several months to about six months.
Once the preliminary examination is passed, the French National Industrial Property Office will conduct substantive examination, conduct in-depth research and evaluation of the applied patent. The substantive examination takes a relatively long time, usually one year or more, especially for complex applications or inventions involving novel technical fields.
If during the examination process, the French National Industrial Property Office raises questions or requires further information about the application, they will issue a notice to the applicant. The applicant needs to respond promptly to the notification, provide the required information or make necessary modifications. The response time may affect the entire review cycle.
Once the substantive examination is passed, the French National Industrial Property Office will make a decision on authorization or refusal. The authorization decision means that the patent will be granted and valid within France. Refusal decision means that the patent application is rejected, but the applicant can appeal against the decision.
Overall, the patent examination cycle in France is usually longer, especially in the substantive examination stage. This is mainly due to the heavy workload of the review and limited resources. However, in recent years, the French National Industrial Property Office has taken some measures to accelerate the examination process, improve efficiency, and shorten the examination cycle.
France has a very comprehensive set of laws and regulations for patent protection, a relatively complete system for resolving infringement and dispute issues, and its own intellectual property court. It is closely related to the European Patent Office during the application process. However, compared to other countries, the time required for patent applications in France is relatively long. Utility model patents will be authorized and certificates will be issued approximately 18 months after application. Therefore, if a company needs to establish a patent layout in France, it needs to carefully consider the issue of application time and cycle.
