France: Two measures to improve access to patent system

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

France: Two measures to improve access to patent system

In order to facilitate access for small business entities and startups to the patent protection of their inventions, the French Patent Office recently presented a draft of an amendment to the French Patent Law introducing a provisional patent application (PPA) and a 10-year utility patent.

The utility certificate is an industrial property title analogous to a patent of invention (same patentability criteria) but limited to a six-year duration, granted without any search report but linked to a specific filing date. When suing for infringement one request the establishment of a search report.

Note that that any patent or utility certificate may claim the priority of a previous French patent or utility certificate application.

The minimum requirements for filing a PPA would be to have a clear description and drawings. There will be no need to draft claims. The applicant would have a 12-month period to convert the PPA into a patent or a utility patent application.

Figure 1: The present situation is illustrated

Source: FPO


Figure 2: The proposed future situation is shown

Source: FPO


The utility patent applicant would have the possibility to convert it into a patent application.

The grant of a utility patent could still be obtained without the establishment of a search report. Again, in such a scheme, any patent or utility patent may claim the priority of a previous French patent or utility patent application.

These proposals have been submitted by the French Patent Office for comments and should become more mature in the near future.

The introduction of the PPA and of the utility patent would allow applicants to elaborate a more sophisticated strategy of protection in line with the applicant's strategy, but would also introduce more complexity and entail certain risks especially concerning the quality of the definition of patented inventions and the existence of patent titles granted without any search report.

Kohn_Philippe-100

Philippe Kohn


GEVERS41, avenue de FriedlandParis 75008, FranceTel: +33 1 45 00 48 48Fax: +33 1 40 67 95 67paris@gevers.euwww.gevers.eu

more from across site and SHARED ros bottom lb

More from across our site

The firm hopes its recent Düsseldorf expansion and UK partner hire will strengthen its offering as it looks to an integrated model to boost UPC capabilities
Stephenson Harwood’s trademark prosecution push and patent ambitions could complement Taylor Wessing’s remaining but depleted European IP strength following its UK arm’s departure
Gerben IP’s first woman partner, Sophie Edbrooke, explains how boutique life allowed her to broaden her expertise, take on leadership responsibilities and carve out a route to the top
INTA has a right to protect its Annual Meeting, but making it harder for others to hold similar events risks leaving delegates with a bigger travel bill
The firm says it hopes to capture patent litigation work in Texas by arming itself with experienced trial lawyers with venue expertise
Ken Iijima's arrival continues a trend of ex-Pizzeys practitioners joining RnB IP, whose co-founder says independent ownership and a lucrative compensation model have become attractive in a consolidating market
McDermott Will & Schulte lawyers explore why the UPC is seeing rapid adoption by medtech for fast-moving disputes, while pharma and biotech take a cautious, selective approach over revocation risks
IP firms may be growing more comfortable with external capital, but uncertainty over who could ultimately own the business is complicating the investment pitch
The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
International Anti-Counterfeiting Coalition says it has been blocked from hosting its annual event in the city, ending a long tradition of holding the gathering in the days leading up to INTA’s flagship event
Gift this article