Conditions

If a time limit has not been met, it is possible to file a request for continuation of proceedings (R612-52 IPC).

To do so, a number of conditions must be met. It is required that (R612-52 IPC):

  • The application has not yet been granted (this procedure does not apply to a patent); a time limit set has not been met: a time limit set is a time limit that is not fixed in the IPC (INPI Examination Guidelines, I-E 4.1) and whose duration has been left to the discretion of the INPI within the limits of 2 to 4 months; failure to meet the time limit results in the rejection of the application. Note: unlike the European procedure, there is no « deemed withdrawal » in France; a written request is filed before the expiration of the 2-month period from the notification of the rejection decision (it may, of course, be filed before this notification); the omitted act is completed within this period; a continuation of proceedings official fee is paid (see Order of April 24, 2008, on official fees for procedures collected by the INPI).

Formalities and Official Fees

Formalities

There is no specific form for this request, but it must be filed in writing (R612-52 IPC).

A simple letter stating « I hereby file a request for continuation of proceedings » is therefore sufficient.

Official Fees

The official fee for continuation of proceedings is 104 € (Order of April 24, 2008, on official fees for procedures collected by the INPI).

If several acts have been omitted, I would tend to think that several official fees must be paid. Indeed, in France, each act to be completed triggers a specific time limit (even if its duration may be identical).

Legal Consequences

If the acts mentioned above are completed, the legal consequences of the failure to meet the time limit are deemed never to have occurred (R612-52 IPC, « the rejection is not pronounced or does not take effect« ).