French patent

The French patent is the industrial property title granted by the INPI which confers on its holder an exclusive right to exploit an invention on French territory, for twenty years from filing, subject to payment of the renewal fees. It is governed by Book VI of the French Intellectual Property Code, available on Légifrance. The French patent coexists with the French part of the European patent and with the unitary patent, which produce equivalent effects in France.

Obtaining a French patent

First, the application is filed with the INPI with a description, claims, drawings and an abstract. Second, the INPI draws up a preliminary search report, to which the applicant may respond, then publishes the application eighteen months after filing or priority. Since the PACTE Act, the INPI examines inventive step and may refuse the application on that ground, which strengthens the presumption of validity of granted titles. Third, the patent is granted and published, and it may be the subject of an opposition before the INPI within nine months. The French filing is often the first step of an international extension, within the twelve month priority period.

The rights conferred and litigation

The holder may prohibit the manufacture, offering, placing on the market, use, importation and stocking of the patented product, as well as the use of the patented process. Litigation over the validity and infringement of French patents falls within the exclusive jurisdiction of the Paris Judicial Court, then of the Paris Court of Appeal and the Cour de cassation. The French patent does not fall within the jurisdiction of the Unified Patent Court, which has jurisdiction only over European and unitary patents. The saisie-contrefaçon and provisional measures are available to the holder.

Key points

In practice, the French patent is a fast and inexpensive title, suited to companies whose main market is France and useful as a priority basis. Where a European patent designating France is granted for the same invention with the same date, the French patent ceases to have effect to the extent that it covers the same invention. The firm advises on the choice between the French patent, the European patent and the unitary patent and defends these titles before the French courts, as presented on the page patent litigation attorney.