Patents Laws in France
Here’s a detailed overview of patent laws in France:
Patent Laws in France
1. Governing Law
Patent protection in France is governed by the French Intellectual Property Code (Code de la propriété intellectuelle).
The main authority is the Institut National de la Propriété Industrielle (INPI), the French Patent Office.
France is also a member of the European Patent Convention (EPC).
2. Patentable Inventions
To be patentable, an invention must be:
Novel (not publicly disclosed before filing),
Involve an inventive step (non-obvious),
Be industrially applicable.
Patents cover new products, processes, or improvements thereof.
Certain exclusions apply, such as discoveries, scientific theories, mathematical methods, aesthetic creations, and methods for medical treatment.
3. Filing Routes
You can file a patent application:
Directly with the INPI for a French national patent.
Through the European Patent Office (EPO), with validation in France.
Via the Patent Cooperation Treaty (PCT), entering the French national phase.
4. Patent Term
Patents are valid for 20 years from the filing date.
Annual renewal fees must be paid to maintain the patent.
5. Examination Process
INPI conducts both formal and substantive examination of patent applications.
The application is published 18 months after filing or priority date.
Examination includes novelty, inventive step, and industrial applicability checks.
Opposition procedures are available within nine months of the patent grant.
6. Rights Conferred
Patent holders can exclude others from manufacturing, using, selling, or importing the invention in France without consent.
Patent rights can be licensed or assigned.
7. Enforcement
Patent infringement is handled by French courts.
Remedies include injunctions, damages, destruction of infringing goods, and account of profits.
Criminal penalties can apply in cases of willful infringement.
8. International Agreements
France is a party to:
The European Patent Convention (EPC),
The Patent Cooperation Treaty (PCT),
The Paris Convention,
The TRIPS Agreement under WTO.
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