Simplified design filing (dépôt simplifié)

The simplified filing is a lighter procedure for filing designs with the INPI, reserved by Article L. 512-2 of the French Intellectual Property Code for industries that frequently renew the shape and ornamentation of their products. It allows creations to be filed in bulk, at lower cost and subject to relaxed formal requirements, with publication deferred, on condition that the filing is regularised before publication in order to preserve the rights.

Scope and formalities

The scheme is aimed at sectors with seasonal collections, such as fashion, textiles, jewellery, footwear or furniture, where the volume of creations makes an ordinary filing disproportionate. The applicant submits its representations in summary form, for example on sheets grouping several creations, and pays a reduced fee. Each design so filed benefits from the filing date, which serves as the reference date for assessing novelty and individual character and gives rise to a six-month right of priority for filings abroad. The simplified filing does, however, entail deferment of publication, so that the creations remain secret during the deferment period.

Regularisation and deferment of publication

Publication may only take place after the filing has been regularised, that is to say once representations complying with the general requirements have been supplied and the publication fees paid. Regularisation must take place before the end of the deferment period, set at three years from filing. Failing that, the loss of the rights deriving from the filing is recorded. The mechanism therefore forces the business to make a selection: after one or two seasons, it regularises the creations that have proved successful and abandons the others, which will never have been published. Regularisation may be partial and cover only some of the creations in the filing.

Effects and pitfalls

Until it is published, a design filed in simplified form cannot be relied on against third parties, who could not have been aware of it. It keeps its date, but an infringement action is only fully effective once the right has been regularised and published. The poor quality of summary representations is another risk: protection covers the appearance as it emerges from the filing, and a confused sheet may make the scope of the right uncertain at the time of regularisation. It is therefore prudent to take care over the representations from the outset, even in simplified form, and to keep a schedule of regularisation deadlines. The term of protection, five years renewable up to twenty-five years, runs from the date of the initial filing.

Key points

The simplified filing gives seasonal industries a certain date and a right of priority for a large number of creations, at low cost, in return for deferred publication and an obligation to regularise within a limited period. The sector’s eligibility should be checked, care should be taken over the representations despite their summary form, and the creations being exploited should be regularised before the deadline, failing which the rights are lost. If infringement occurs before publication, seek advice without delay in order to regularise and take action.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats is a patent litigation firm. Matters outside that field, such as trade marks, designs, copyright and IT contracts, are handled by practitioners the firm works with regularly, and by the firm itself when they arise in a patent dispute.

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