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

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

AI, cybersecurity and data practice group will provide clients with legal guidance around AI alongside a 'deep technical foundation’ in IP
Lawyers at Vondst and Biopatents say a ruling concerning the protected status of trade secrets could see the UPC flooded with requests to prevent access to confidential information
Sharad Vadehra of Kan & Krishme discusses why older IP firms still have an edge over up-and-coming boutiques and how the firm is using AI to provide quick and cost-effective service
Lawyers at Appleyard Lees share how they picked apart a plant breeder’s infringement claims concerning the ‘Tango’ mandarin
A further decision on long-arm status, and a new hire for Pentarc in Germany from Taylor Wessing were also among top developments
The US decision marks a rare grant of a request under the Uniform Fraudulent Transfer Act in a patent case
Stobbs has applied to strike out a contempt of court application filed against the firm and two of its lawyers
With trademark volumes surging, trademark teams need to think beyond traditional clearance searches, towards a continuous, intelligence-led workflow, says Meghan Medeiros of Corsearch
Brazilian in-house counsel say law firms’ technology investments have not translated into tangible benefits, meaning tech use is a minor factor when selecting advisers
A lack of comfort among some salaried partners shows why law firms must actively foster inclusion, not merely focus on diversity mandates
Gift this article