1 June 2012CopyrightDavid-Irving Tayer and Benjamin Martin-Tardivat

Business brief 2012: France

Patents

How do you register or secure patent rights, and is national or international coverage most appropriate?

A French patent may be obtained directly by filing a national patent application before the French Patent Office (INPI), or through a European patent application before the European Patent Office (EPO). France is also a member of the Patent Cooperation Treaty (PCT) so an “international” application may be filed in France. In all three circumstances, a substantial examination of the patentability of the invention is carried out by the offices before a French patent is granted.

It is hard to state as a rule whether national, European or international coverage is most appropriate. It depends on several factors and, in particular, on the protection required, the value of the invention and the costs. Yet, considering that the costs for filing a national patent application are lower, it could be envisaged that such an application should be filed first and a priority right to extend the protection to other countries be claimed later.

What are the costs for obtaining and defending a patent?

The costs for filing a patent (not including the costs involved for writing the application) are as follows:

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