Patents Laws in French Polynesia (France)
Here’s a clear overview of Patent Laws in French Polynesia, which is an overseas collectivity of France:
Patent Laws in French Polynesia (France)
1. Legal Status
French Polynesia is an overseas collectivity of France.
It is not fully integrated into the French legal system in all respects, but patent law in French Polynesia follows French national law because intellectual property matters fall under French jurisdiction.
2. Governing Law
Patents in French Polynesia are governed by the French Intellectual Property Code (Code de la propriété intellectuelle).
Patents are administered by the INPI (Institut National de la Propriété Industrielle) in France.
3. Patentability Requirements
Under French law applicable to French Polynesia, inventions must be:
Novel: Not publicly disclosed before filing.
Inventive: Must involve an inventive step not obvious to experts.
Industrially Applicable: Must be capable of industrial use.
4. Patentable Subject Matter
Inventions in any technological field.
Software as such is excluded, but inventions with technical effect that involve software can be patented.
Medical and surgical methods are generally excluded.
Biotechnological inventions can be patented under strict conditions.
5. Patent Application Process
Applications are filed with INPI in France.
Documents include description, claims, abstract, drawings if needed.
Process includes formal and substantive examination.
European patents validated in France are effective in French Polynesia.
6. Patent Duration and Maintenance
Patents last for 20 years from the filing date.
Annual maintenance fees are required.
Non-payment causes patent lapse.
7. European and International Treaties
France is a member of the European Patent Organisation (EPO).
French Polynesia is covered by patents validated in France.
France is also a member of the Patent Cooperation Treaty (PCT) and the Paris Convention.
8. Enforcement
Patent holders have exclusive rights in French Polynesia as per French law.
Enforcement is through the French judicial system.
Remedies for infringement include injunctions, damages, and confiscation of infringing goods.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | French Intellectual Property Code |
| Patent Authority | INPI (France) |
| Patent Duration | 20 years from filing date |
| Maintenance Fees | Annual fees required |
| Patentability Criteria | Novelty, inventive step, industrial applicability |
| Regional/International | European Patent (EPO), PCT, Paris Convention |
| Applies To | French Polynesia (under French jurisdiction) |
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