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

Cookies Settings

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

Daniel Law CEO Alicia Daniel-Shores may have stepped into a family business, but she has spent two decades building her own vision around technology and litigation
Law firms don't particularly like saying no to clients. Perhaps they should get better at it
The office, which has a relatively new patent litigation team as well as a wider ‘soft’ IP offering, would remain independent if the rejection is rubberstamped
The IP boutique is betting that growing investment in quantum and semiconductors will fuel demand as technology shifts toward physical systems
Lawyers say the overhaul better reflects commercial reality, with changes spanning novelty searches, digital designs and access to a small claims track, but stopping short of criminalising unregistered design infringement
Carpmaels & Ransford hires its fourth partner of the year and wins access to UPC files, as fresh orders address costs, confidentiality and the use of divisional patents
Peter Ling of Lenz & Staehelin in Zurich discusses trends in patent litigation, the regulation of AI and the benefits of teaching IP
Brandsmiths and Powell Gilbert will contest claims over several UK trademarks in a High Court case examining the ownership and revival of a heritage brand
Hogan Lovells Cadwalader is taking a fresh strategic approach to pricing in its AI strategy. It could amplify calls for law firms to ditch the billable hour
Charles Harding plans to build a new team around life sciences oppositions and contentious work, drawing on his three decades developing a practice from scratch at D Young & Co
Gift this article