By Olivier Cochonneau, AB Noveo Consult
In today’s world, intellectual property (IP) is a cornerstone of innovation and business strategy. Patents, in particular, serve as crucial tools for protecting technological advances, providing inventors with exclusive rights to their inventions for a set period. This exclusivity enables inventors and businesses to capitalize on their innovations without the risk of competitors copying their work. In France, patent protection is governed by national law, underpinned by the European Patent Convention (EPC), which provides a unified framework for patent applications across multiple European countries. This article provides an in-depth look at the process of how to register a patent in France, the requirements, potential reasons for rejection, the cost structure, and the overall benefits of patent protection.
Contents
1. What Can Be Registered as a Patent in France?
2. Reasons for Refusal of a Patent Application in France
3. The Patent Registration Process in France
4. Documents Required for Patent Registration in France
5. Patent Opposition Process in France
7. Why File a Patent in France?
1. What Can Be Registered as a Patent in France?
To secure a patent in France, the invention must meet specific requirements that ensure the protection of truly innovative and useful technologies. Under French patent law, an invention must meet the following criteria:
1. Novelty: The invention must be entirely new. If it has been publicly disclosed in any form — whether through prior patents, academic publications, product releases, or public use — it cannot be patented. Novelty is one of the most critical requirements for registering a patent in France.
2. Inventive Step: The invention must involve an inventive step, meaning it cannot be obvious to a person skilled in the relevant technical field based on prior knowledge or existing technologies. For example, simply improving an existing design or combining known elements without introducing something non-obvious would not be sufficient.
3. Industrial Applicability: The invention must be capable of being used in some type of industry, which could include manufacturing, agriculture, or services. Inventions that are theoretical, abstract, or lack practical utility do not qualify.
Examples of patentable inventions include:
- Mechanical inventions: New machinery, engines, or mechanical devices that solve technical problems or improve existing solutions.
- Chemical inventions: Novel chemical compounds, pharmaceutical formulations, or innovative chemical processes.
- Biotechnology: Biological processes, genetically engineered organisms, or medical devices that improve healthcare or agriculture.
- Software: In some cases, software solutions that offer technical innovations, such as algorithms that solve a specific technical problem, can be patented in France.
It’s important to note that certain inventions are explicitly excluded from patentability. These include scientific discoveries, mathematical methods, and aesthetic creations like artworks or designs. Additionally, inventions that violate public order or morality, such as methods for human cloning, cannot be patented.
2. Reasons for Refusal of a Patent Application in France
Despite thorough preparation, many patent applications in France are rejected for one of several reasons. Understanding these reasons can help applicants improve the quality of their submissions and avoid common pitfalls:
1. Lack of Novelty: If the invention is not new and has been disclosed to the public before the application is filed, the patent will be refused. Public disclosures could include any type of publication, public demonstration, or prior use of the invention. It’s essential to ensure that no prior art (existing patents, research papers, etc.) discloses the same invention.
2. Obviousness: If the invention does not involve an inventive step — meaning it would have been obvious to a person skilled in the field based on existing knowledge — it will be refused. A significant number of patent rejections occur because the invention is seen as an incremental step or a trivial modification of existing technologies.
3. Non-Patentable Subject Matter: Some inventions are excluded from patent protection. For example, abstract ideas, mental processes, and purely aesthetic creations like works of art or fashion designs are not patentable. In biotechnology, the cloning of human beings and inventions contrary to public order or morality cannot be patented.
4. Insufficient Disclosure: Applicants must fully disclose how the invention works, and they are required to provide detailed drawings or diagrams when applicable. If the description is unclear or the invention cannot be understood from the documentation, the application may be refused.
5. Lack of Industrial Applicability: If the invention does not have practical or industrial use, it will not qualify for patent protection. This requirement ensures that patents are granted for inventions that contribute to the economy or society in a tangible way.
3. The Patent Registration Process in France
The patent registration process in France is managed by the Institut National de la Propriété Industrielle (INPI), the national office responsible for IP rights. The process itself follows a well-defined path:
1. Preparation of the Patent Application
The first step in the patent registration process is the preparation of the application. This is often the most critical part of the process, as a patent application must include the following components:
- Description of the invention: A detailed, clear, and thorough description of how the invention works, including the problem it addresses and how it solves that problem.
- Claims: These define the scope of the patent protection. The claims must be specific and precise to ensure that the applicant is granted the maximum protection for the invention.
- Drawings or diagrams: Any technical drawings that help explain how the invention works may be included. For example, mechanical or chemical inventions usually require illustrations for clarity.
- Abstract: A brief summary of the invention that is published to provide a quick overview of the patent.
The application must be filed in French. While a non-French-speaking applicant can submit the application in another language, the official translation into French must be submitted within a certain period.
2. Filing the Application
Once the application is ready, it can be filed with the INPI. The applicant must pay the appropriate filing fee, which varies based on the nature of the application. Upon submission, the INPI will issue a filing date, which is essential for determining the priority of the invention.
3. Examination of the Application
After the application is filed, the INPI conducts a formal examination to ensure that the necessary paperwork is in order. This includes checking the completeness of the description, claims, and any technical drawings. The formal examination does not assess whether the invention is patentable yet; that comes later.
4. Substantive Examination
Once the formalities are complete, a substantive examination follows. During this phase, the INPI will assess whether the invention meets the patentability criteria of novelty, inventive step, and industrial applicability. This includes conducting a prior art search to verify that the invention has not been disclosed elsewhere.
If any objections arise during the examination, the applicant is given an opportunity to amend the application or provide clarifications.
5. Grant of the Patent
If the patent is deemed to meet all criteria, the INPI will grant the patent. The granted patent is published in the BOPI (Bulletin officiel de la propriété industrielle). From this point onward, the inventor has exclusive rights to the patented invention for a maximum of 20 years, provided that the annual renewal fees are paid.
4. Documents Required for Patent Registration in France
The application for a patent in France requires several key documents:
1. Application Form: This includes the details of the applicant (individual or legal entity), the inventor, and a brief summary of the invention.
2. Description of the Invention: A detailed explanation of how the invention works and its technical features.
3. Claims: These define the scope of protection that the inventor seeks.
4. Drawings: Technical drawings that help explain the invention (if applicable).
5. Abstract: A short summary of the invention.
6. Fee Payment: Proof of payment of the filing fees.
5. Patent Opposition Process in France
Once a patent is granted in France, third parties have the right to challenge the validity of the patent through opposition proceedings. The opposition process allows any person or entity who believes the patent was wrongly granted to file a formal opposition.
1. Opposition Period: The opposition must be filed within nine months from the publication of the granted patent. During this time, any party can argue that the patent should not have been granted.
2. Grounds for Opposition: Oppositions may be based on various factors, including the claim that the invention lacks novelty, involves an obvious step, or fails to meet the industrial applicability requirement.
3. Resolution: The INPI will review the opposition and decide whether the patent is valid. If the opposition is successful, the patent can be revoked or amended. Learn more about Trademark Registration in France.
6. Patent Costs in France
The cost of registering a patent in France includes several different components:
| Professional Filing Fees | 380 euros |
| Government Filing Fees | 573 euros (*) |
| Professional Examination Fee | – (**) |
(*) This amount is for 10 claims maximum, surcharge of 42 euros per claim from the 11th one.
The filing fees are reduced by 50% in case the applicant is:
- an individual, or
- a non-profit making organization in the sector of education or research, or
- a private medium company having less than 1 000 employees and that not more than 25% of its capital is owned by another entity not fulfilling the same condition.
(**) No examination fee, but a search report with a preliminary opinion is issued (see point 4. Substantive Examination):
- professional fee for transmission: 90 euros without translation of official documents or 130 euros with translation into English
- professional fee of 190 euros if the response is not prepared by us (no technical intervention for argumentation, no translation)
- professional fee of 90 euros + 215 euros / hour if the response is prepared by us (quote will be sent before any intervention)
7. Why File a Patent in France?
Filing a patent in France offers several advantages, particularly for businesses and inventors targeting the European market:
1. Legal Protection: Patents in France offer strong legal protection and can be enforced through French courts.
2. European Market Access: As part of the European Union and the EPC, a French patent can be extended to other EU member states and signatory countries of the EPC, providing broad protection across Europe.
3. Innovation Hub: France is a key player in industries such as aerospace, automotive, biotechnology, and pharmaceuticals. A French patent can be a valuable asset for businesses operating in or targeting these sectors.
4. Competitive Advantage: A patent provides a competitive edge by preventing others from using the patented invention. This can lead to significant commercial opportunities, including licensing and partnerships.
8. Conclusion
Patent registration in France is a critical step for protecting technological innovations and ensuring that inventors can capitalize on their work. The patent process in France is structured, but it requires careful preparation, attention to detail, and understanding of the relevant legal and technical requirements. By securing a patent, inventors gain exclusive rights to their inventions, enabling them to control how their inventions are used in the market. Given the strong legal framework, access to the European market, and the potential for commercialization, filing a patent in France can be a wise decision for any innovator seeking to protect their intellectual property on a global scale.
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