Particulars relating to the Applicant or to each Applicant in case of a filing in coownership
For a natural person: Name, first names, nationality and address.
For a legal entity: Legal name, legal form and address (if the applicant is a foreign company, we shall indicate : company incorporated according to the laws of ...).
Since 01/09/2005, a reduction of fee is applicable for "small entities". A natural person is a small entity.
For a legal entity, a declaration must be filed within one month from the filing date. The condition for beeing a small entity are:
- be a small or medium-sized enterprise with less than 250 salaried employees, whose turnover is less than 50 million euros and whose capital is not held over 25% by an entity not fulfilling these conditions, or
- be a non-profit organization in the domain of education or research.
Particulars relating to the inventor or to each of them in case of a plurality of inventors
Name, first names and address.
The designation of inventor(s) can be filed within a 16-month period from the filing date or if a priority has been claimed, from the priority date.
Particulars relating to the patent (or certificate of utility) application
In order to allow us to translate into French the text to be filed, if the latter is in a foreign language, please send us an exemplar (in English, German, Spanish, Italian,...) including the specifications, the claims, the drawings (if the patent application includes drawings) and the abstract (we shall draft the latter in case of need because it must not comprise more than 150 words).
Particulars relating to the immediate or postponed establishment of the preliminary search report
At the time of the filing of the application, we have to know your instructions as to the immediate or the postponed filing of the petition for the preliminary search report.
In the latter case, if this petition is not filed before the expiry of a 18-month period from the priority date or from the filing date if no priority is claimed, we shall be notified that the application will be ex officio transformed into an application for a Certificate of Utility (maximum duration : 6 years from the filing date instead of 20 years for a patent), unless the applicable fee and a fine are paid within 2 months from this notification.
An application for a Certificate of Utility may also be filed directly. However, in case of an action for infringement of a Certificate of Utility, the plaintiff must request the establishment of the preliminary search report; however, he has no occasion to amend the claims after receiving this report.
In fact, it is always possible to file a patent application without requesting the establishment of a preliminary search report in order to postpone the decision as to the possible duration (20 years or 6 years). We send reminders usually two months before the due date. However, if the French patent application is filed under foreign priority, you have in fact only six months to decide.
If the establishment of the preliminary search report is postponed, the search report does not reach us before 8 to 11 months after its request as a rule, as it is the case if the establishment of the search report is not postponed.
Particulars relating to the priority (if a priority is claimed) or to each priority (in case of multiple priorities) country, filing date, filing number ;
- an official copy of the priority document (which can be still validly filed within a 16-month period as from the priority date). No translation of the document is necessary (except the first page if the used language comprises ideograms or Cyrillic script) ;
- if the priority document is in the name of another person, an assignment of the priority right is requested together with its French translation. This assignment can still be filed within a 16-month period from the priority date. A simplified form can be filed ; do not hesitate to ask it.
Power of Attorney
No power of attorney is needed for the filing.
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