French Patent Law

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Release time:2016-08-04

(Promulgated on January 2, 1968 and implemented on January 2, 1968)

 

The Patent Law for Invention is based on Law No. 68-No. 1 of January 2, 1968 (see the Government Office of January 3, 1968), supplemented by Law No. 70-498 of June 11, 1970 (see the Government Gazette of June 12, 1970), and finally amended and supplemented by Law No. 78-742 of July 13, 1978 (see the Government Gazette of July 14, 1978). In order to form a complete text of the "Patent to Invention Law", during the debate in the National Assembly, two procedures were proposed: one is to publish the complete text of the Patent to Invention Law as an annex to the July 13, 1978 Law, and the other is to make the text of the Patent to Invention Law into a decree by the Administrative Court after consulting the Constitutional Council. However, in the course of the debate in the National Assembly, it was made clear that neither as an annex nor as a text of a decree of the Administrative Court had no legal value as long as it had not been formally approved by the National Assembly. Therefore, only the laws of January 2, 1968, June 11, 1970 and July 13, 1978 have legal value.

In this case, both programs are abandoned. The Minister of Industry, in turn, promised the National Assembly that the complete text of the Patent for Inventions Act would be published by the National Industrial Property Office and that such a text, when made public, would be prefaced with a preamble emphasizing that it was "only in the nature of an ordinary circular".

This is the purpose of the publication of this document, which is followed by the republication of Law 78-742 of July 13, 1978.

It should be pointed out that in the text of the Patent for Invention Law, all the provisions of the Law 78-744 of July 13, 1978 are printed in italics.

In addition to the above, we still hope that the publication of this document will attract the attention of all gentlemen who have patented the invention,

law of patent for invention

(This Law is based on Law No. 68-No. 1 of January 2, 1968, supplemented by Law No. 70-498 of June 11, 1970, and amended and supplemented by Law No. 78-742 of July 13 after 1978)

Chapter I General Provisions

Article 1 Under the conditions and within the scope of this Law, any invention may obtain an industrial property certificate issued by the Director of the National Industrial Property Office, which shall grant exclusive rights to the owner of the certificate or his successor.

Article 1 (bis) The right to obtain a certificate of industrial property rights belongs to the inventor or his successor.

Most people make the same invention separately, and the right to obtain the industrial title certificate belongs to the person who is proved to be the first to apply.

To apply for a petition to the National Industrial Property Office, the applicant must be the person who has obtained the industrial property certificate.

Article 1 (ter) If the inventor is a servant, the right to obtain a certificate of industrial property shall be determined in accordance with the following terms, unless the contract provides for the better benefit of the servant;

1. the employee's contract of work includes the task of invention, his or her position is consistent with the task of invention, the invention made by the employee in the course of carrying out the contract belongs to the employer, and the invention made by the employee in the design or research work expressly entrusted to him belongs to the employer. The employee, who is the main person engaged in the invention, may receive supplementary remuneration, provided that the remuneration is determined on the basis of collective contracts, enterprise agreements and individual work contracts.

All inventions 2. the above provisions shall belong to the employee. However, if the employee's invention is made in the process of completing his own work or within the scope of the enterprise's activities, or due to the inspection or use of the enterprise's proprietary technology, equipment, data, etc., the employer shall have the right to own the industrial property right of the invention or enjoy the patent right to protect part or all of the employee's invention in accordance with the conditions and period stipulated by the administrative court. The employee shall be paid a reasonable remuneration, the amount of which shall, if not agreed by the parties, be determined by the Labor Co-ordination Board or the Court of Great Instance referred to in article 68 bis. These legal bodies will weigh the various claims presented to them, in particular those presented by the employer and the employee, in order to calculate the reasonable remuneration to which the employee is entitled based on the original contribution of the two and the industrial and commercial utility of the invention itself.

3. employee who is the author of an invention shall notify the employer of the invention. The employer gives a receipt in accordance with the procedure and within the period prescribed by law.

Employers and employers shall report to each other all valid information concerning inventions, but they shall prevent the disclosure of inventions that would impair, in whole or in part, the enforcement of the rights conferred by this Act.

All agreements between the employer and the employee relating to the employee's invention are in writing and are otherwise null and void.

The specific procedures for the 4. implementation of this article will be prescribed by decree of the Administrative Court.

5. The paragraphs of this article apply equally to agents of the State, public bodies, public enterprises, etc., as well as to every public law legal person, the method of application of which is determined by decree of the Administrative Court.

Article 2 If an application for a certificate of industrial property rights is made by defrauding the inventor or his successor of rights, or if the application for a certificate of industrial property rights is in violation of statutory or contractual obligations, the infringed person shall have the right to claim the property rights applied for or the certificate issued.

The victim is required to file an action for repossession within three years from the date of publication of the industrial property certificate. However, if the holder of the certificate is proved to have committed a malicious infringement at the time of issuance or acquisition of the certificate, the victim's statute of limitations may be extended to three years before the expiration of the certificate.

Article 3 The industrial property right certificates for the protection of inventions include the following types:

A (I) invention patent certificate shall be valid for 20 years from the date of application;

(II) utility type certificate, valid for six years from the date of application;

(III) supplementary certificate, which is attached to the patent certificate or utility type certificate, shall take effect from the date of application and shall be valid at the same time as the basic certificate attached thereto.

With the exception of the provisions of Article 19, Article 20, the first paragraph of Article 21 and the second and third paragraphs of Article 73, the provisions of this Law relating to patents shall apply to utility type certificates, and with the exception of the special provisions provided for in Articles 62 to 66, the provisions of this Law relating to patents shall also apply to supplementary certificates.

Article 4 The patent certificate will indicate whether the inventor is an employee, and the inventor may also object to such indication.

Article 5 Without prejudice to the provisions of the Paris Convention for the Protection of Industrial Property, all aliens whose domicile or place of business is outside the territory in force of this Law may enjoy the rights and interests of this Law, provided that the French enjoy reciprocal protection in the country of the said alien.

If the initial application is filed in a country that is not a member of the Paris Union, France may recognize the priority of the application as having the same effect as the priority under the Paris Convention, provided that it grants the same priority to the initial application for a French patent or to the initial application for a European or international patent designating France.

ARTICLE VI

1. new inventions that are inventive and industrially applicable may be patented.

2. In particular, the following shall not be recognized as inventions referred to in paragraph 1:

A. Discoveries and scientific principles and mathematical methods;

B, aesthetic creation;

C. Plans, rules, methods, and computer programs for the conduct of intellectual activities, gambling, and areas of economic activity;

D. Provision of information.

The conditions for patentability may be excluded under paragraph 2 3. the invention for which a patent application or patent claim is filed or claimed has been made exclusively for any of these uses.

4. therapeutic or surgical methods on the human or animal body and the diagnostic methods carried out are not industrially implemable inventions as defined in paragraph 1. However, this provision does not apply to articles, especially substances and compositions, made for the application of one of the above-mentioned methods.

Article 7 Patents shall not be granted for the following items:

A. If the publication or practice of the invention is contrary to public order or good custom, the practice of the invention is prohibited by any of the laws and regulations;

B. Enjoy the new plant varieties protected by Law No. 70-498 on the Protection of Plant Varieties implemented on June 11, 1970.

C. Animal varieties and animal and plant varieties obtained mainly by biological methods. Provided that this provision does not apply to microbiological methods and to products obtained by such methods.

Article 8

An invention is considered new 1. if it is not included in the known art.

Any 2. that has become known to the public by written or oral representations, or by use, or by any other means, before the filing date of the patent constitutes known technology.

3. the content of an application for a French patent, the content of an application for a European or international patent whose country of designation is France, although the date of registration of the application is before the date referred to in paragraph 2, and the date of publication may be after that date, shall be deemed to be included in the known art.

4. paragraphs 1 to 3 of this Article do not exclude patentability in cases where, at the time of the use of the methods referred to in Article 6, paragraph 4, a substance or composition is already included in the known art, but the application of such substance or composition is not included in the known art.

Article IX

1. in the implementation of Article 8, the leakage of the invention will not be considered in the following two cases:

The disclosure of the (I) invention occurred within six months of the patent application date;

The disclosure of the (II) invention is caused by the publication of a prior patent after the date of its registration, or directly or indirectly due to one of the following reasons.

A. due to apparent abuse on the part of the applicant or his legal forehand.

B. Because the applicant or legal prior party has exhibited the invention in question at an official exhibition or at an exhibition officially recognized in accordance with the spirit of the Convention on the Amendment of International Exhibitions signed in Paris on November 22, 1928.

The provisions of paragraph 1 of this article do not apply 2. in the circumstances set out in paragraph 1 (B) of this article, if the applicant declares at the time of application that the invention has indeed been exhibited and provides evidence sufficient to support his declaration within the statutory time limit and in accordance with the statutory conditions.

Article 10 An invention can only be regarded as creative if, in the opinion of a professional, it is obviously not deduced from known technology. If the known technology includes those patent applications listed in Article 8, paragraph 3, they shall not be taken into account in evaluating the inventive step.

Article 11 An invention shall be deemed to have industrial applicability only if the object of the invention can be manufactured and used in a certain industrial field (including the agricultural field).

Chapter II Approval of Patents

Article 12 The relevant formalities and conditions for the processing of patent applications shall be governed by the provisions of this Law and shall be carried out in accordance with the specific provisions of the relevant decrees referred to in Article 73.

Article 13 The date on which the applicant submits the following written documents shall be the date of registration of the patent application:

A patent application;

B. the applicant's identity document;

C. A patent specification and one or more patent rights; even if the patent specification and patent rights do not meet the other requirements of this Law.

Article 14 Each patent application is limited to only one invention or a group of combined inventions related to each other under a general inventive concept.

Any patent application that does not meet the requirements of the previous paragraph shall be changed to a single application within the prescribed time limit. The single application still enjoys the registration date of the original application and, if necessary, the priority date of the original application.

Article 14 (bis) In applying for a patent, the invention shall be described clearly and completely so as to enable a professional to carry out the invention.

When the invention relates to the use of a non-known microorganism, the description of the invention cannot be regarded as a sufficient description of the invention if it is not registered with the competent authority. Whether this kind of microorganism belongs to the known microorganism shall be judged according to the conditions stipulated in the law.

Article 14 (ter) The terms of the patent right in the application will determine the scope of patent protection. The terms of the patent claimed by the applicant shall be clear and specific and shall be based on the specification.

Article XV

1. a patent applicant claims priority over an earlier registered patent, he or she is required to submit a declaration of priority and a copy of the original application in accordance with the statutory conditions and within the statutory time limit.

2. patent application may claim multiple priorities, even if they arise in different countries. If necessary, a patent can obtain multiple priority. In the case of multiple priorities, the priority period shall be calculated on the basis of the priority date from the earliest priority date.

3., when a patent application claims one or more priorities, priority is limited to the content of the application that has already claimed priority.

4., if a claim for priority is made for a certain part of the invention, and this part is not mentioned in the patent right in the first application, priority can be given as long as it does include this part from the whole content of the first application.

5. With regard to the effect of priority, according to the provisions of Article 8, paragraphs 2 and 3, the priority date is regarded as the date of registration of the patent application.

Article 16 The following patent applications shall be rejected in whole or in part:

the (I) does not meet the conditions specified in Article 12;

The (II) is not changed to a single application in accordance with the provisions of Article 14;

Although the (III) has been changed to a single application, its application content has exceeded the scope of the original application statement;

(IV) that the invention applied for shall not be granted a patent in accordance with the express provisions of Article 7;

(V) that the invention applied for is the subject of an invention which cannot be admitted as an invention referred to in paragraph 2 of Article 6, or that the invention applied for is not industrially applicable as referred to in paragraph 4 of Article 6;

The specification of the (VI) patent application and the scope of the patent right do not meet the requirements of Article 19;

(VI) (bis) is determined as non-novelty according to the clear results of the investigation report, and has not been changed after the deadline for change;

The patent right required by the (VI) (ter) cannot be found in the specification;

(VII) (this paragraph has been repealed);

(VIII) the applicant has failed to fulfil his obligations under article 19, paragraph 1.

If the content of the application for the supplementary certificate is inconsistent with at least one of the patent rights of the basic patent and has not been transferred in accordance with the conditions stipulated in Article 62, the supplementary certificate shall be rejected.

If the reason for rejection relates only to a certain part of the patent application, only the relevant part of the patent right shall be rejected.

If only part of the application does not comply with the provisions of Article 7 A or Article 12, the authorities shall try to order it to delete the part of the specification and drawings that does not conform.

Article 17. An application for a patent shall be published within eighteen months from the date of application or, if priority is claimed, from the date of priority. However, at the request of the applicant, the patent application may also be published at any time before this deadline.

Article 18

1. the period from the date of application for registration to the date of the documentary investigation started before the submission of the investigation report under the first paragraph of Article 19, the applicant may still propose a new patent right.

The applicant for the utility type certificate can submit a new patent right before the date of approval of the certificate.

From the date of publication of the patent application in accordance with Article 17 of the 2., within the period specified in the Decree, any third party may, in accordance with the provisions of Articles 8 and 10, make a written objection to the National Office of Industrial Property as to whether the invention in respect of which the patent is applied for can be patented. The National Industrial Property Office informs the applicant of these objections, and the applicant may reply to these objections within the statutory time limit and may also propose new patent rights.

Article 19 In addition to the provisions of Article 20, when the date of the patent application has been approved, an examination report shall be submitted to the patent application. The examination report shall set out the relevant contents of the known technology in order to measure the patentability of the invention in accordance with the provisions of Articles 8 and 10.

The submission of this review report shall be carried out in accordance with the following procedure, the period of which shall be set by decree.

1. the investigation report, the investigation report before the literature survey, the literature survey before the beginning of the literature survey, the final patent should be put forward as the basis for the investigation report, but also to take into account the patent specification, if necessary, to consider the drawings. As soon as this investigation report is made, the applicant shall be notified immediately, and if it is included in the relevant known technology listed, the applicant shall present a new patent right or an argument to maintain the original patent right. If the applicant proposes a new patent term, the specification may be corrected by deleting the part of the specification that is inconsistent with the new patent term.

The 2. publication of the investigation report takes place at the same time as the publication of the application. If the investigation report has not been written, it will be completed after notification of the applicant.

The 3. examination report is submitted in accordance with the conditions stipulated in the decree, against the investigation report, against the opinions of the applicant and third parties, and taking into account the final patent rights.

Article 20. Within a period of eighteen months from the date of application for a patent or, in the case of a claim for priority, from the date of priority, the applicant may request a postponement of the formulation of the examination report. The applicant may also waive the request for an extension at any time; he shall waive the request for an extension before the filing of the imitation proceedings and before the issuance of the notification provided for in the first paragraph of article 55. From the publication of the application in accordance with the provisions of Article 17, any third party may request the preparation of an examination report.

At any time, the applicant may change the application for a patent to a practical type certificate. At the expiration of the extension period stipulated in the preceding paragraph, if no one requests the publication of the examination report, the authority shall, under the conditions stipulated in the decree, announce the reduction of the patent application to an application for a practical type certificate.

Article 20 (bis)

1. the applicant's failure to comply with a certain period of time specified by the National Industrial Property Office may take a remedy to restore his rights, if he justifies doing so, and if the delay failure directly leads to the rejection of the patent application or an action, or to the loss of any other right or some remedy.

2. remedial procedures shall be proposed within two months from the date of elimination of the delayed fault. The acts not performed shall be completed within this time limit. Remedial proceedings are admissible only if they are filed within one year of the expiration of the period of non-compliance.

3. The paragraphs of this Article shall not apply to the time periods provided for in Articles 20, 41 and 48, nor to the priority periods provided for in Article 4 of the Paris Convention for the International Protection of Industrial Property.

Article 21 The issuance of a patent certificate shall be approved upon the fulfillment of the formalities provided for in Articles 19 and 20.

All approved certificates include a description and, if attached, a drawing, as well as an item of patent rights and, in the case of a patent certificate, an examination report.

Article 22 The notes for the approval and issuance of patents shall be published in the "Industrial Property Bulletin.

Article 23 The exclusive right stipulated in Article 1 of this Law shall take effect as of the registration of the application.

Article 24 The Minister of National Defense shall have the right to seek information on patent applications from the National Office of Industrial Property in complete confidentiality to the outside world.

Article 25. No invention for which a patent is being applied shall be disclosed or implemented without permission.

During this period, the patent application cannot be published, any copy corresponding to the patent application cannot be disclosed without permission, and the procedures provided for in Articles 17, 19 and 20 cannot be started.

Except as provided in article 26, a permission order referred to in the first paragraph of this article may be made at any time. The permission order automatically takes effect five months after the date of the patent application.

The Minister responsible for industrial property may, on the advice of the Minister of Defense, make the authorisations referred to in paragraphs 1 and 2 of this Article.

Before the expiration of the period provided for in the penultimate paragraph of Article 25, the prohibition provided for in the first paragraph of that Article may, at the request of the Minister of Defense, be extended for one year and may be renewed. A prolonged ban may be lifted at any time under the same conditions.

In the case of an injunction extended under this article, the right holder applying for a patent shall have the right to be compensated in accordance with the procedure for the loss suffered, and if no agreement is reached on the amount of compensation, it shall be determined by the Court of Great Instance. At each level, the debate should be held in the advisory tribunal (advisory tribunal is a form of trial at each level, with no auditorium and no public trial-translator's note).

Article 27 Within one year from the date of determining the amount of compensation, the owner of the patent right may make a request for modification of the compensation paid in accordance with the provisions of Article 26.

The owner of the patent shall present evidence that the loss suffered is greater than the court's estimate.

Chapter III Rights and Obligations Arise from Patent Certificate

Article 28

The scope of protection of 1. patent certificate is determined by the content of the patent right. The patent specification and drawings are used to explain the patent terms.

2. the object of patent protection is an operating method, the scope of patent protection includes products made directly by this method.

Article 29 A patent right has the effect of preventing a third party from carrying out the following activities without the consent of the owner of the patent right:

A. Manufacture, supply, traffic, use, import or possession of the patented manufactured goods for the above purposes;

B. The use of the operating method that is the subject of a patent, or the use of the patent in French territory if the use of the operating method is prohibited in the knowledge or knowledge of third parties without the consent of the owner of the patent.

C. To provide, sell, use, import or possess for the above-mentioned purposes an article made directly from the method of operation that is the object of the patent.

Article 29 (bis) A patent right shall also have the following effects:

1. when it is known or known to a third party that a means is capable of, or that the purpose of such means is to work, an invention; in such a case, no third party may, without the consent of the owner of the patent, sell or supply, within French territory, to a person who is not entitled to use the invention, means of working the invention in that territory in connection with the essential ingredients of the invention.

2. when the means of implementation of the invention is already an article in daily circulation in commerce, the provisions of paragraph 1 no longer apply. Except where a third party instigates its offeree to commit an act prohibited by article 29.

3. Any person who accomplishes the acts enumerated in subparagraphs A, B and C of Article 30 shall not be deemed to be qualified to use the invention as referred to in paragraph 1.

Article 30 The following shall not fall within the scope of patent rights:

A. The completion of the act is limited to the private sphere and has no profit purpose.

B. The completion of the act is limited to experimental patented inventions.

C. Temporary and small-volume drug manufacturing and such pharmaceutical activities in pharmacies on the basis of a doctor's prescription.

Article 30 (bis)

The patentee, or with his consent, places the patented product on the French market, and acts occurring in French territory in relation to the patented product are excluded from the scope of patent rights.