Accelerated processing

See the latest changes

Chapter 1. Main tool for speeding up the procedure

Section 1.1. Legal basis

The decision of the director of the INPI n ° 2015-136, the INPI has introduced an expedited procedure for issuing.

Section 1.2. terms

1.2.1. Form of the request

The request for an accelerated procedure must be submitted electronically, via the online service, by the applicant or the holder (Article 2, decision of the director of the INPI n ° 2015-136).

1.2.2. Form of the request to accelerate

It is necessary that the application for which an accelerated procedure is requested has been filed via the INPI e-procedure service (and therefore not by paper or by EPOLINE) (Article 1, decision of the director of the INPI n ° 2015-136).

1.2.3. Dated

The request for an accelerated procedure must be lodged (Article 2, decision of the director of the INPI n ° 2015-136) :

  • at the depot,
  • or at the latest in a period of 10 months from the deposit.

1.2.4. Royalty fee

This request is free.

1.2.5. Early publication

It must be accompanied by a request for advance publication (L612-21 CPI, 1 ° and R612-39 CPI) (Article 2, decision of the director of the INPI n ° 2015-136).

Early publication will only occur within the minimum of these two deadlines (Article 2, decision of the director of the INPI n ° 2015-136) :

  • 10 months from deposit;
  • 18 months from the priority.

Section 1.3. Secret

A priori, this request has no particular reason to be excluded from the public inspection.

Section 1.4. Result

A patent is then issued within 20 months (Article 5, decision of the director of the INPI n ° 2015-136) unless :

  • the request is kept secret by the national defense;
  • the RRP is partial or could not be established within 10 months of filing;
  • the applicant modifies his claims
  • the applicant requests an extension of the response time to the RRP;
  • the applicant does not pay the publication and grant fee.
  • one-third comments on the request.

Of course, there is no penalty if the INPI does not issue the title within the time limit.

Chapter 2. Other ways of speeding up the procedure

At this stage, we do not know of any other method to speed up the procedure in France.

Comments are closed.