Immediately after filing
An examination as to the form is carried out. In case of irregularities, a period (generally one month) is given to the applicant for regularizing the application.
In case of non-unity of the invention, the applicant is asked to file a divisional application within 2 months from the notification. This objection can be contested.
In case of priority claiming, the priority document can be filed within a 16-month period from the priority date.
National Defence
The French National Defence studies the certificate of utility applications. As a rule, as long as the disclosure and work authorization is not granted, it is temporarily forbidden to disclose and freely work the invention.
Priority year, foreign extension
Within a 12-month period from the filing date the applicant can file foreign patent, utility model or inventor's certificate applications enjoying the French application date.
Publication
At 18 months from the filing date, the certificate of utility application is published in the Official Bulletin of Industrial Property (BOPI).
As from the day of publication of the application and up to the date of issue of the certificate, third persons can file observations and cite references. The applicant then has to respond within a 3-month period once renewable from the notification of the observations. This procedure is in fact rarely used.
Grant of the certificate of utility
When the French Patent Office (INPI) indicates that the certificate of utility is about to be granted, the grant and printing fees have to be paid.
Annuities
A certificate of utility is a title granted for a 6-year period from the filing date. However, annuities have to be paid each year in order to renew this title.
Infringement proceedings
In case of infringement proceedings, a search report drawn up as for a patent will be requested. In order for the action to be admissible, it is not necessary to ask for the report before the writ.
Working out
A certificate of utility owner has the obligation of working out the certificate of utility. The lack of working out for a 3-year period from the grant of the certificate of utility or 4-year period from the filing date (the longer one) or an insufficient exploitation allow a third person to ask for a compulsory licence.
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