The revision of the French Patent Law in 2020 will promote the growth of French patent applications

 

PACTE aims to promote the economic transformation of France, including several articles related to intellectual property rights. The law has gradually been applied to all major intellectual property fields in France. In addition to changes in trademark registration, patent and utility model legislation also has new developments.

 

First, the adjustment of the patent examination procedure was implemented on May 22, 2020. The French Patent Office can reject patent applications on the grounds of lack of creativity. Previously, the application could only be rejected by the court through an invalidation. This procedural adjustment saves applicants time and money. It is worth mentioning that for patent applications filed before May 22, 2020, new objections can also be raised on the grounds of lack of creativity.

 

In addition, starting from January 11, 2020, PACTE has proposed an alternative plan for obtaining invention protection. If the applicant wants to protect the invention, but does not want the application to be subject to mandatory search, it can convert the patent application into a utility model application, which only needs to undergo formal examination. The utility model is currently valid for 10 years, and it is valid for 6 years before the implementation of PACTE. In addition, if the request is made within 18 months from the filing date or priority date (if any) and before the announcement of the technical preparations, the utility model application submitted on or after January 11, 2020 can be converted into a patent application.

 

PACTE also allows the submission of provisional patent applications, which will take effect from July 1, 2020. The provisional application allows the applicant to submit a patent protection request first, but delays the submission of the application and priority materials. This is to determine the filing date as soon as possible. In this case, the applicant should further submit a written request to the French Patent Office within 12 months from the filing date or the earliest priority date, such as submitting the remaining required documents or converting the application into a utility model application. If no action is taken within the 12-month period, the provisional application will be considered withdrawn.

 

On April 1, 2020, INPI launched a new patent opposition procedure, applicable to patents granted from that date. The grounds for opposition are consistent with those of the European Patent Office. This allows third parties to file objections directly with the patent office rather than the courts, thus avoiding lengthy and costly litigation procedures. If an objection is filed with INPI, for a third party residing in France, the objection must be filed within 9 months from the date of publication of the decision to grant the patent; for a third party residing in any other country/region, the objection must be made in the decision to grant the patent Submitted within 3 months from the date of announcement. The new procedure also allows the applicant and the opponent to suspend the procedure for settlement negotiations, which is a more cost-effective and simple alternative than litigation.

 

The implementation of PACTE has redefined many areas of French economic reform. Patent and utility model reforms based on PACTE will undoubtedly promote the growth of French patent applications.