A free reference on industrial property — France, Europe, the PCT and the unitary patent — explained step by step by a practitioner. No unnecessary jargon.
There may be a large number of related rights impacting the world of patents.
Some are very direct, while others are relatively discreet.
These related rights must not be overlooked. Indeed, the main criticism often raised regarding intellectual property law is the “tunnel effect.” This “tunnel effect” refers to forgetting that intellectual property law operates within a much broader framework that interacts with it.
This is why it is important to consider international conventions, national civil/criminal law, European Union law, the European Convention on Human Rights, and others.
Let us now delve into the heart of the matter.
Patents in France
Let’s dive right in: in this guide, we will explore how to obtain a patent in France, how to avoid having it invalidated before French courts (or, conversely, how to invalidate your competitors’ patents), and how to use it to prevent any infringement.
We hope you enjoy reading our guide on « Patents in France ».
the Rules of Procedure of the Unified Patent Court (final text, in force since September 1, 2022); the texts relating to unitary protection (Regulations 1257/2012 and 1260/2012, UPR rules) on the EPO website.
Happy browsing!
PCT Applications
Let’s open a new file: PCT applications.
The Patent Cooperation Treaty, or PCT, is an attempt to simplify patent filing procedures, particularly when the applicant wishes to obtain a patent in numerous countries.
Through a so-called ‘PCT’ application, a single filing serves as a filing in all countries.
This system does not, as such, grant a patent: only the initial stages of the procedure are carried out at the international level, while grant remains within the national or regional jurisdiction of each state.
Here are two resources that will be invaluable as you read further:
This convention was extensively updated in 2007 to comply, in particular, with another treaty, the PLT (and a significant renumbering of the articles was carried out).
In addition, minor updates are made regularly: the last one dates from 2013.
The « Regulations on Current Accounts » (or RCC) and « Regulations on the Automatic Debiting Procedure » (or ADP) (OJ 3/2015, supplementary publication);
The latest WIPO-EPO agreement concerning the EPO as ISA, SISA, IPEA (OJ 2010, 304);
