BUSINESS BRIEF: FRANCE
BUSINESS BRIEF: 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?
Te costs for filing a patent (not including the costs involved for writing the application) are as follows:
• Filing of a patent: €36 ($47) to be paid upon filing or, at the latest, within one month of filing; this includes the first annuity.
• Search report: €500 ($655) to be paid upon filing or, at the latest, within one month of filing.
• Grant of a patent: €86 ($113) to be paid upon delivery of the patent, ie, a minimum of 24 months from filing.
A patent right is acquired for 20 years subject to the owner maintaining the patent in force by paying an annual fee.
It is to be noted that a 50 percent reduction on the main official fees is granted to a natural person and, subject to certain conditions, to small companies and non-profit researching organisations upon presentation of supporting documents within a month of filing.
Te French patent system does not allow the possibility of filing an opposition, as is the case before the EPO, but a prior right owner may file observations within three months of the publication of the preliminary search report before the INPI. If the latter considers the documentation relevant as a prior art, it supplies a supplementary search report that could be the basis for rejecting the patent for default of novelty.
If that situation does not exist, the only possible way is to request an action on nullity of the patent before the French tribunal. Te costs vary, depending on the legal and technical complexity of the case. For what it is worth, the range would be between €15,000 and €50,000 ($20,000 and $65,500) in a first instance case. For litigation and, more specifically, counterfeit action, the costs would rise on an average basis to between €50,000 and €200,000 ($65,500 and $260,000). Te losing party may be ordered to pay the costs of the proceedings.
Where can you find information on existing patents in your jurisdiction?
Information on existing patents can be found online at
http://fr.espacenet.com/, Te French section of the EspaceNet (EPO’s) website. Te service is available only in French. For further information, in particular concerning the legal status of a French patent, you may look at
http://regbrvfr.inpi.fr/register/regviewer, the INPI website section, which is available in English and French.
Trademarks
How do you register or secure trademark rights, and what protection does it grant?
122 World Intellectual Property Review Annual 2012 To obtain protection in France, it is possible to file:
• A national trademark at the French trademark office (INPI);
• A Community trademark at the Office for Harmonization for the Internal Market (OHIM); or
• An ‘international’ application at the World Intellectual Property Organization (WIPO).
Registering a trademark confers on its owner the exclusive right to use the trademark and prevent third parties from using an identical, or similar, sign for identical, or similar, goods or services.
Unless having acquired fame by use, unregistered trademarks are not recognised by the French law on trademarks. Only actions based on unfair competition or passing off would be open to an unregistered trademark owner.
It is more than advisable to file an application through a lawyer who specialises in IP or an agent that would check ab minima the elements of the filing, to minimise possible objections from the office, and to advise you on the most opportune strategy.
What are the costs for registering and defending a trademark? Te fee for filing a trademark is €225 ($295) for up to three classes and €40 ($52) per additional class (there are no publication or registration fees).
The registration is granted for 10 years and can be indefinitely renewed for an identical period subject to payment of a renewal fee of €245 ($320) for three classes.
Prior to renewal, it is important to consider and record any change of name—failure to do so could lead to a cancellation of the trademark right—or address; and to examine the use of the trademark and the scope of protection to determine whether any intervention is advisable before renewing
www.worldipreview.com
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