France: Two measures to improve access to patent system

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

France: Two measures to improve access to patent system

In order to facilitate access for small business entities and startups to the patent protection of their inventions, the French Patent Office recently presented a draft of an amendment to the French Patent Law introducing a provisional patent application (PPA) and a 10-year utility patent.

The utility certificate is an industrial property title analogous to a patent of invention (same patentability criteria) but limited to a six-year duration, granted without any search report but linked to a specific filing date. When suing for infringement one request the establishment of a search report.

Note that that any patent or utility certificate may claim the priority of a previous French patent or utility certificate application.

The minimum requirements for filing a PPA would be to have a clear description and drawings. There will be no need to draft claims. The applicant would have a 12-month period to convert the PPA into a patent or a utility patent application.

Figure 1: The present situation is illustrated

Source: FPO


Figure 2: The proposed future situation is shown

Source: FPO


The utility patent applicant would have the possibility to convert it into a patent application.

The grant of a utility patent could still be obtained without the establishment of a search report. Again, in such a scheme, any patent or utility patent may claim the priority of a previous French patent or utility patent application.

These proposals have been submitted by the French Patent Office for comments and should become more mature in the near future.

The introduction of the PPA and of the utility patent would allow applicants to elaborate a more sophisticated strategy of protection in line with the applicant's strategy, but would also introduce more complexity and entail certain risks especially concerning the quality of the definition of patented inventions and the existence of patent titles granted without any search report.

Kohn_Philippe-100

Philippe Kohn


GEVERS41, avenue de FriedlandParis 75008, FranceTel: +33 1 45 00 48 48Fax: +33 1 40 67 95 67paris@gevers.euwww.gevers.eu

more from across site and SHARED ros bottom lb

More from across our site

Justin Hill and Marie Jansson Heeks, part of an 18-strong team to have joined Crowell & Moring, explain why IP client advice must go beyond only being called upon for patent disclosure
To mark the EUIPO having processed five million EUTM and REUD applications, Managing IP speaks to the most prolific representatives to uncover how they stay at the top of their game
The merger marks Rouse’s second M&A deal within a month, and will provide access to Arnold & Siedsma’s UPC offering
Simon Tønners explains why IP provides the chance to work with some of the most passionate, risk-taking, and emotionally invested clients
The co-leaders of the firm’s new SEP practice group say the team will combine litigation and prosecution expertise to guide clients through cross-border challenges
Boasting four former Spruson & Ferguson leaders and with offices in Hong Kong and Singapore, the IP firm aims to provide fast, practical advice to clients
Partners at three law firms explain why trade secrets cases are rising, and how litigation is giving clients a market advantage
Delegates at a conference unpicking the UK’s relationship with the UPC are hopeful of strengthened UK involvement – so should we all be
News of a litigation funder suing its co-founder and a law firm over trade secrets infringement, and a strategic hire by Womble Bond Dickinson were also among the top talking points
Managing IP’s parent company, LBG, will acquire The Lawyer, a leading news, intelligence, and data-driven insight provider for the legal industry, from Centaur Media
Gift this article