Royalties

Royalties or taxes

In order to advance in the issuing procedure, you must not forget to pay fees (taxes). But you still have to know how to pay them & #8230;

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Chapter 1. Difference between tax and royalty

In France, there is a semantic difference between tax and royalty.

In fact, a tax is a financial levy collected by an administration against the provision of a public service. A fee is also a sum paid by the user of a public service. Unlike the tax, its amount is proportional to the service provided and only users who directly benefit from this service pay it.

So, regarding INPI, we have to do with royalties & #8230;

Once this distinction is made, I authorize you to do what you want: anyway, I & #8217; always use & #8220; tax & #8221; for my part & #8230; (but here I will make an effort for the principle).

Chapter 2. Fees for royalties

Section 2.1. Due date #8217;

2.1.1. Principle

The due date seems to be the date until #8217; when payment can be made.

Unlike the European procedure, the French code does not seem to make a distinction between due date and possible deadline for payment.

The guidelines also refer to & #8217; elsewhere simply & #8220; payment term & #8221; (Guidelines for 1PI38217; Review of 1PI38217; INPI, HI 1).

2.1.2. Royalties paid before the due date

It is possible to pay the annual fees in advance, however this payment can not be validly made more than 1 year in advance (R613-46 CPI).

For other fees, it is more vague: I see nothing that prohibits, for example, from paying the delivery fee to the deposit.

Chapter 3. Payment of royalties

Section 3.1. Amount

Royalties must be paid at the rate in effect on the date of payment (Guidelines for 1PI38217; Review of 1PI38217; INPI, HI 2).

Section 3.2. Who can pay

No legal basis specifies this point: I therefore suppose that any person can pay a royalty, even if this is not the owner of the application or the patent.

Section 3.3. Means of payment

3.3.1. Cash payment

It is possible to pay in cash at the counter at the headquarters of INPI (#8217;Order of 24 April 2008 on procedural fees collected by the INPIArticle 4).

3.3.2. Payment by current account

1) Opening

To open a checking account at INPI, you must fill out a form and validate the terms and conditions current account.

Only one current account per natural or legal person n & #8217; is possible (INPI account opening formpoint 3.1)

2) Supply

It is possible to fund his account (INPI account opening form, point 4.2):

  • by bank transfer to the account of 1PI38217; accounting officer of 1PI38217; INPI
    • only the account holder can make a transfer (otherwise l & #8217; supply is refused)
    • the date of the account provisioning can be a little anytime, depending on the due diligence of the accounting officer (wholesale) #8230;
  • by check (French).
3) Closing

The account can be closed:

  • at the request of the holder or his successor in title (INPI account opening form, point 5.1) or
  • d & #8217; office by l & #8217; INPI (INPI account opening formpoint 5.2) if the account is inactive for 24 consecutive months
    • a formal notice is still sent by LRAR.

The balance of the account (if positive) is paid into the bank account mentioned at the time of opening.

If the reimbursement cannot be made, a formal notice is sent by INPI and 1PI38217; INPI will keep the amounts if:

  • no response is received within 4 years;
  • no response is received within 3 months and the balance is less than or equal to € 8.
4) Statement of account

Nothing is explicitly provided for in the texts, even if account statements are available on the INPI & #8217; website.

5) Account debit

It is possible to pay by direct debit on this customer account (Order of 24 April 2008 on procedural fees collected by the INPIArticle 4):

It also seems possible to pay the fees for the deposit via EPOLINE (decision of the Director General of INPI n ° 2015-073). However, I do not find any legal basis to authorize the payment of other fees (c & #8217; is annoying, we do this every day in the offices of ICC ...).

If a debit order is made by an unauthorized person, normally the order is rejected (INPI account opening formpoint 3.1)

6) Inadequate flow and supply

In case of insufficient supply, the payment order will be refused (INPI account opening form, point 4.2.2)

7) Automatic withdrawal

That doesn’t exist 38 (#8217;)INPI account opening form, point 4.2.2)

3.3.3. Money order

It is possible to pay by money order by sending the money order (Order of 24 April 2008 on procedural fees collected by the INPI, article 4) at the headquarters of INPI (#8217;decision of the director general of INPI n ° 2015-059);

3.3.4. Payment by credit card

It is possible to pay by credit card (Order of 24 April 2008 on procedural fees collected by the INPIArticle 4):

  • online on the INPI website,
  • at the counters of the headquarters of INPI.

3.3.5. Bank transfer

It is possible to pay by bank transfer (Order of 24 April 2008 on procedural fees collected by the INPI, article 4) by transferring money to the account of the accounting officer of the INPI.

3.3.6. checks

It is possible to pay by check (Order of 24 April 2008 on procedural fees collected by the INPIArticle 4)

Section 3.4. Calculation of the amount of the fee

When calculating a fee in relation to a percentage (ie reduction, late payment), the amount of the fee is rounded down to the nearest euro (#8217;Order of 24 April 2008 on procedural fees collected by the INPIArticle 3).

Section 3.5. Insufficient payment

3.5.1. Principle

In any event, if & #8217; the slightest penny is missing from the payment of the fees, the payment will not be considered as made.

There is no provision to take into account any payment if #8217; there is a small amount missing.

Section 3.6. Fee schedule applicable to payment

The tariffs for the procedure are defined by l & #8217;Order of April 24, 2008 relating to procedural fees collected by the National Institute of Industrial Property .

The rates of the services are defined by the decision n ° 2017-24 of the general manager of INPI.

Section 3.7. Modification of the scale

The rates fixed by earlier decrees, however, remain applicable (Guidelines for 1PI38217; Review of 1PI38217; INPI, HI 2 and Order of April 24, 2008 relating to procedural fees collected by the National Institute of Industrial Property) :

  • if warnings or notifications have already been addressed,
  • unless the new rates are lower.

Chapter 4. Date on which a payment is deemed to have been made

Royalties are considered as regularly paid:

Chapter 5. Reimbursement of royalties

Section 5.1. Refunds case

The filing fees and search report fees are reimbursed ex officio when the request is inadmissible (R411-17 CPI).

In addition, if the request is withdrawn or rejected before the initiation of the procedure for the establishment of the search report, the search fee is reimbursed (R411-17 CPI).

Section 5.2. Other case

It seems that INPI does not have the possibility of refunding a fee paid in error.

The only possible reimbursement cases are listed in article #8217; R411-17 CPI.

It is not I who says it, it is 1PI38217; INPI:

Thus, if you paid a delivery fee, but the request is rejected beforehand, INPI will not reimburse.

In other words, the INPI does not know the concept of payment without cause as in the EPO & #8230;

This is extremely surprising because, as I said earlier, a royalty is an amount paid for a service rendered. It is therefore surprising that INPI keeps the sum but does not perform the service.

But this & #8217; is my personal opinion!

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