Protect your patent in France

The number of patent applications in France is filed quite a lot each year, it is estimated that the number of patent applications is about 5,000 – 10,000 per year. The majority of applications came from individuals and businesses within France. However, there are also a significant number of applications from other countries, especially European countries and the United States. The major sectors for patent registration in France include pharmaceuticals, biotechnology, chemistry, mechanics, electronics and information technology. France has many areas that can be considered advantageous for the development of other patents. For example, in the field of pharmaceuticals, France is a country with a long tradition in pharmaceutical research and development, France now has many large pharmaceutical companies and leading research institutes. Therefore, patents in this field often involve new drugs, treatments, medical devices, and biotechnology. France is also one of the leading countries in aviation and space technology, with companies such as Airbus and Safran. Patents in this field include aircraft, satellites, engines, control systems and new materials. France has a thriving information and communication technology industry, with companies such as Dassault Systèmes and Orange. Patents in this field include software, hardware, networking, cybersecurity, and artificial intelligence. France’s automotive industry is one of the largest in Europe, with companies such as Renault and Peugeot. Patents in this area include electric vehicles, self-driving cars, safety systems and new materials. Therefore, there are many enterprises expanding their business scope in France wishing to register patents, Viet An Law would like to guide customers how to protect your patent in France in France through the article below.

Legal basis

• Intellectual Property Law

General overview of patents in France

The concept of patent in France

A patent is an intellectual property right that grants the owner the exclusive right to limit infringements by another person or entity of his or her patent such as the production, use, or sale of their patent for a limited period of time, usually within 20 years from the date of filing. This exclusive right is granted in exchange for the disclosure of the patent in the patent application.

Types of patents in France

• Brevet d’patent: Granted to new patents that have an innovative step and have industrial applicability, the level of protection of this license is higher than that of utility certificates and the inspection process requirements are also stricter.
• Utility certificate (Certificat d’utilité): Issued for new patents that can be applied in industry but do not require high creativity. The registration process is simpler and faster than patent patents, but with a shorter protection period of only 6 years.

Conditions for patent registration in France

• Novelty: The patent must be new and not within the scope of previous specifications, i.e. the patent has not been published before the date of filing.
• Creative step: The patent is not clear and specific to a person with expertise in this field.
• Industrial Application: The patent must be able to be created or used in any type of industry.

Patent lookup in France

INPI Database

The National Institute of Industrial Property (INPI) is the official French patent office providing the most comprehensive database of French patents. Users can search by keyword, applicant’s name, inventor’s name, patent number, or publication date. Users can access the following path:

https://bases-brevets.inpi.fr/en

Wipo Inspire

It is a global database that includes patent information from various countries, including France. Users can search for French patents by entering relevant keywords or patent numbers. Visit WIPO INSPIRE here: https://inspire.wipo.int/auspat

Espacenet

It is a free online database provided by the European Patent Office (EPO) that allows petitioners to search for patents and patent applications from around the world, including France. Users can search using various criteria such as keywords, applicant name, inventor name, and classification code. Users can access the following path: https://worldwide.espacenet.com/

Patent application in France

• Patent application: This form includes information such as the name of the patent, the name and address of the inventor(s) and applicant(s), and the date of filing.
• Description: This is a detailed description of the applicant’s patent, including its context, technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reproduce the patent. Information usually consists of the following sections:
  • Name of patent
  • Technical field
  • Background art
  • Patent summary
  • A brief description of the drawings (if any)
  • Detailed description of the patent
  • Industrial applicability
• Claims: This is a numbered list of claims to determine the scope of protection for one’s patent. Protection claims are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s patent can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the patent, usually about 150 words or less.
• Priority Document (if applicable): If the applicant has filed a patent application for the same patent in another country within the last 12 months, the applicant can claim priority rights.
• Power of attorney (if applicable): If the applicant files through a patent representative, it is necessary to provide a power of attorney to them on behalf of the applicant.
• Other documents (if applicable): Depending on the case of the applicant, the applicant may need to submit other documents, such as a transfer agreement if the applicant is not the inventor, or a statement of copyright.

Patent registration in France through the PCT system

The Patent Cooperation Treaty (PCT) is an international system that allows an applicant to file a single international patent application for protection in multiple countries. Here’s how an applicant can apply for a patent through the PCT system:

Eligibility for registration

• The PCT system is open to citizens and residents of all member states, including France.
• An applicant may also apply for a PCT if the applicant is not a resident or citizen of a member state, but whose inventor is a resident or citizen of the member state.

Application processing process

• Filing: The applicant files a single international patent application with a national or regional patent office (acting as the Receiving Office) or directly with the World Intellectual Property Organization (WIPO) within one year from the date of the first country filing.
• International Search: WIPO conducts an international search to identify relevant prior patents (existing patents) that may affect the applicant’s patent application. This search report helps the applicant assess the patentability of his patent.
• Disclosure: WIPO publishes an applicant’s international application 18 months after the filing date or priority date (first country filing date), whichever is later. This makes the applicant’s patent public.
• National stage: The applicant has 30 months from the priority date to enter the “national stage” by filing a patent application in any PCT member state in which the applicant wishes to seek patent protection. Each national office then conducts its own due diligence process to determine whether a patent is granted.

Benefits of using a PCT system

• Simplified Process: The applicant files a single application and delays the national filing for up to 30 months, giving the applicant time to assess patentability and secure funding.
• Cost savings: Filing fees are generally lower than filing separate national patent applications initially.
• Focused Search: The International Search report provides valuable insights into the patentability of an applicant’s patent.

If you want to apply for patent registration in France, please contact Viet An Law Firm, hotline (+84) 9 61 67 55 66 (WhatsApp, Viber, Zalo, Wechat) for the most effective support.