Table of Contents
Patents of Invention
Legal Basis
– Book VI of the Intellectual Property Code.
Membership in International Conventions
– Paris Convention.
– Patent Cooperation Treaty (PCT).
– European Patent Convention.
Filing Requirements
– A specification, including claims in French or any foreign language (a French translation must be filed within two months from the filing date), typed on A4 paper, inside a frame of 17 x 25.7 cm, with no more than 40 lines per page;
– Drawings, if any (without any text, on A4 paper, inside a frame of 17 x 26.7 cm);
– An abstract, summarizing the technical content of the invention (max. 250 words or 150 words with a drawing);
– If priority is claimed, mention of the country and date of the prior application.
Note: power of representative is neither required for a qualified French patent attorney nor for an “Avocat” (French attorney-at-law).
Remarks
National Phase of PCT: under Chapter I: 31 months; under Chapter II: 31 months.
Duration: patent issued after formal and substantive examination – valid for 20 years.
Annuities: due on the last day of the anniversary month of the filing. It is not possible to pay the annuities in advance, except for the one due in the current year. If an annuity has been paid prior to the end of the anniversary month and if an official tax increase has been decided before the due date, the increase is to be paid in due time to keep the payment valid.
Observations: may be presented by third parties from the publication of the application up to three months after the publication of the preliminary search report.
Trade and Service Marks
Legal Basis
– Book VII of the Intellectual Property Code.
Membership in International Conventions
– Paris Convention.
– Madrid Agreement and Protocol.
Filing Requirements
– Power of representative (not required for a qualified French trademark attorney nor for an “Avocat” (French attorney-at-law));
– Priority document within three months from the filing, along with French translation thereof.
Remarks
Duration – renewals: 10 years from the end of the month of the filing date; renewable for further periods of 10 years.
Obligation to use the registered mark: a registered mark that has not been used genuinely by the owner or by a third party with the consent of its owner within a five-year period from publication of registration, and without good reason, may be liable to revocation upon request of an interested party.
Observations: within a two-month period from the publication of the application, observations may be filed by anyone at INPI.
Opposition: may be filed within a two-month period from the publication of the application by the owner or exclusive licensee of a prior trademark or a prior application.
Industrial Designs
Legal Basis
– Book V of the Intellectual Property Code.
Membership in International Conventions
– Paris Convention.
– Hague Agreement, Geneva Act.
Filing Requirements
– Power of representative (not required for a qualified French trademark attorney nor for an “Avocat” (French attorney-at-law));
– jpg or bmp files for the reproduction of the model;
– Nature of the model or design according to the Locarno Agreement, a short description may be provided;
– Priority document within three months from the filing, along with the French translation thereof.
Remarks
Duration: after formal examination: 5 years from the filing date. Renewable up to 25 years.
Opposition: none.
Cancellation: possible when the design lacks novelty or “individual character”. Only French courts may pronounce the cancellation of a design or a model. Cancellation actions against designs – as a principal or counterclaim – are not subject to any limitation period.
Domain Names
Filing
ccTLD: .fr; .re (for Réunion)
Applicant: individuals and legal entities.
Local presence: required, except for foreign companies or persons having their headquarters/main office or residence within the EU, Iceland, Liechtenstein, Norway or Switzerland.
Remarks
Duration – renewals: one year, renewable.
Uniform dispute resolution procedure: an alternative dispute resolution (ADR) procedure is available before AFNIC (Administrator of French top-level domains).