Conditions
If a deadline 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 mechanism does not apply to a patent); a set deadline has not been met: a set deadline is a deadline that is not specified 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 deadline 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 such 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 deadline (even if their duration may be identical).
Legal Consequences
If the acts mentioned above are completed, the legal consequences of failing to meet the deadline are deemed never to have occurred (R612-52 IPC, « the rejection is not pronounced or does not take effect« ).