Further processing

See the latest changes

Chapter 1. Conditions

If a deadline has not been respected, it is possible to submit a request for further proceedings (R612-52 CPI).

For this, there are a number of conditions. It is necessary that (R612-52 CPI):

  • the request has not yet been issued (this device does not work for a patent);
  • a delay time was not respected:
    • a time limit is a time limit that has not been set in the CPI (INPI Examination Guidelines, IE 4.1) and whose duration has been left to the appreciation of the INPI within the limits of 2 to 4 months;
  • failure to meet the deadline results in rejection demand
    • nota : unlike the European procedure, there is no "deemed withdrawn" in France ;
  • a written request is submitted before the expiry of the 2 months from the notification of the rejection decision (of course, it may be submitted before this notification);
  • theact not completed is completed within this period;
  • a tax of further proceedings is paid (see Order of 24 April 2008 on procedural fees collected by the INPI).

Chapter 2. Form and taxes

Section 2.1. shapes

There is no particular form for this application, but it must be filed in writing (R612-52 CPI).

A simple letter saying "I submit a motion for further proceedings"Is therefore sufficient.

Section 2.2. taxes

The fee for further processing is 104 € (Order of 24 April 2008 on procedural fees collected by the INPI).

If several acts are missed, I would think that several taxes must be paid. Indeed, in France, each act to be performed sends a specific delay (even if their duration can be identical).

Chapter 3. Legal Consequences

If the acts mentioned above are carried out, the legal consequences of non-compliance with the deadline are deemed never to have occurred (R612-52 CPI, “the rejection is not pronounced or does not produce effect“).

Leave a Reply

Your e-mail address will not be published. Required fields are marked *