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 2026

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

Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Although unanimous decision by the top court clarifies several aspects of the honest concurrent use defence, practitioners say ambiguities remain
Tristan Sherliker says he hopes to solve an access to justice issue by making the automated court bundle tool free to use
The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
Gift this article