Utility certificate

The utility certificate is an industrial property title granted by the INPI which protects an invention under the same substantive conditions as a patent, but through a lighter procedure. It is provided for by Article L. 611-2 of the French Intellectual Property Code. The utility certificate confers on its holder an exclusive right of exploitation for ten years from filing, against twenty years for the patent.

The characteristics of the utility certificate

First, the invention must be new, involve an inventive step and be susceptible of industrial application, as for the French patent. Second, no search report is drawn up at grant. The title is therefore obtained faster and at lower cost, but without any indication of its strength. Third, in the event of an infringement action, the holder must have a search report drawn up before the court rules. The applicable provisions are available on Légifrance.

The bridges with the patent

The PACTE Act of 2019 strengthened the appeal of the utility certificate. Its duration rose from six to ten years. Above all, a utility certificate application can now be converted into a patent application within a period set by decree, whereas only the reverse conversion was previously possible. This flexibility makes it possible to file quickly, secure a priority date and then decide, in the light of the commercial interest of the invention, whether to switch to a patent.

Key points

In practice, the utility certificate suits inventions with a short life cycle, incremental improvements and companies wishing to protect an innovation without immediately incurring the cost of a patent. It is, on the other hand, less suited to technologies intended for international exploitation, because it gives no access to the European procedures. The firm advises on the choice between the utility certificate and the patent, and defends these titles in patent litigation.