Obtaining a Filing Date

To obtain a filing date, certain conditions must be verified. It is also possible to correct a filing under certain circumstances.

Conditions for Granting a Filing Date

The Three Minimum Conditions

General

To obtain a filing date, it is only necessary to provide (L612-2 IPC):

• an indication that a patent is sought;
• information allowing the applicant to be identified or contacted;
• a description or a reference to a previously filed application.

Indication That a Patent Is Sought

No formal requirements are necessary.

Thus, it may be presented on the form provided by the INPI (INPI Examination Guidelines, I-B I.1.1), but there is nothing to prevent it, a priori, from being presented on plain paper.

This indication must be drafted in French (R612-8 IPC).

Identification of the Applicant

The following are sufficient (INPI Examination Guidelines, I-B I.1.2):

• for a natural person:
  • their surname and first name(s);
  • if acting on behalf of a legal entity in formation, in addition, the name of that legal entity;
• for a legal entity:
  • the official name of the legal entity (company name, etc.),
  • its legal form and registered office, or
  • any information allowing it to be identified with certainty (e.g., SIREN number).
• a correspondence address.

This identification must be drafted in French (R612-8 IPC).

Description and Drawings

Regarding the description, no particular requirements are necessary: even if it does not comply with formal or substantive requirements (L612-2 IPC).

In short, a vague text resembling a description is sufficient…

There are no requirements regarding:

• the language of the description (R612-21 IPC and INPI Examination Guidelines, I-B I.1.4);
  • however, a translation into French will be requested later (within 2 months following an invitation, R612-21 IPC);
• the presence of claims.

Reference to a Previous Application

Principle

Instead of a description, it is possible to refer to a previous filing (L612-2 IPC).

Requirements at Filing

For this reference, it is necessary to provide (R612-8 IPC, fourth paragraph), for this previous application:

• the filing date,
• the application number,
• the office with which it was filed,
• an indication that this reference replaces the description and, where applicable, the drawings.

Provision of a Copy and Translation

In addition, it is necessary to provide, within 2 months from the filing date of the application, a copy of the previously filed application and, where applicable, its translation into French (R612-8 IPC, fifth paragraph).

This copy does not necessarily need to be certified.

This time limit may be subject to reinstatement: the request must be filed within 2 months from the cessation of the impediment, but without exceeding 1 year from the expiration of the unmet time limit (L612-16 IPC). The omitted acts must be completed within this period.

Correcting Irregularities

Failure to comply with minimum requirements

In the event of failure to comply with the minimum requirements mentioned above, the irregularity is notified to the applicant: they then have a period of 2 months to correct it (R612-8 CPI, second paragraph) from the date of receipt of the notification (INPI Examination Guidelines, I-B I.3).

If the applicant provides the missing documents within this period, the filing date shall be the date on which all documents were provided (R612-8 CPI, third paragraph).

Otherwise, the patent application shall be deemed inadmissible and any official fees paid shall be refunded (R612-8 CPI, third paragraph) upon expiry of the appeal period (INPI Examination Guidelines, I-B I.3).

This period may be subject to reinstatement: the reinstatement request must be filed within 2 months from the date on which the impediment ceased, but no later than 1 year from the expiry of the unobserved period (L612-16 CPI). Any omitted acts must be performed within this period.

Special case of missing parts in the description or drawings

Principle

At the time of filing, it may happen that the applicant makes a mistake in the description or drawings (e.g., sending only every other page).

In this case, a correction may be possible under certain conditions.

Identification of the error/omission and time conditions

Correction is only possible:

• if the applicant notices the error and requests correction within 2 months of the filing date (R612-9 CPI, second paragraph), or
• if the INPI notices the applicant’s error (though this is not guaranteed, R612-9 CPI, first paragraph) and the applicant then requests correction within 2 months of receiving the INPI notification (R612-9 CPI, second paragraph and INPI Examination Guidelines, I-B I.4).

This period may be subject to reinstatement: the reinstatement request must be filed within 2 months from the date on which the impediment ceased, but no later than 1 year from the expiry of the unobserved period (L612-16 CPI). Any omitted acts must be performed within this period.

Correction using a priority document

Furthermore, if the missing part is fully contained in a document from which priority is claimed, it is then possible to correct the application without losing the initial filing date (R612-9 CPI, third paragraph).

To do so, it will be necessary to provide within the 2-month period mentioned above (R612-9 CPI, third paragraph):

• a request for correction;
• a copy of the priority application (unless it is already available to the INPI):
  • indicating where the missing parts are located in this copy;
• if necessary, a translation into French of the priority application:
  • indicating where the missing parts are located in this translation.

Other corrections

In all other cases, correction cannot be made without changing the filing date (i.e. which will become the date on which the correction is made).

Upon receipt of the correction documents, the INPI will notify the applicant that such correction results in a change of the filing date (R612-9 CPI, second paragraph).

The applicant will then have a period of 1 month from the filing of the documents to oppose this by withdrawing the corrections (R612-9 CPI, second paragraph) and thus waive the corrections they themselves proposed.

If ultimately no modification is made (or is accepted by the applicant), a “clean-up” of the application is required (R612-9 CPI, fourth paragraph): all references to missing drawings must then be removed from the description so that third parties can understand the application when it is published!