CABINET CHAILLOT Industrial Property Attorneys in France Professional Representative before the EPO Professional Representative before the OHIM France: Colombes | La Roche-sur-Yon | Dijon   Français | Español Filing French designs - Warning ! the French design law has changed, see news november 2001 (12-1997) First of all, we can cite Article L.511-3 of the law : "The provisions in this Book (the one relating to the Designs) shall apply to any new design, any new three-dimensional shape, any industrial article that differs from similar articles, either by a distinctive and recognizable configuration affording it novelty or by one ore more external effects giving it an individual and new appearance. However, when the same article may be both considered a new industrial design and a patentable invention and where the elements constituting the novelty of the design may not be separated from those of the invention, such article may only be protected under the provisions of Book VI (the one concerning the protection of inventions and technical knowledge)". Three cases may occur : (1) If the new appearance has no other reasons than the one to give it a more aesthetic form (decorative concern), the article can be protected as a design ; (2) The form of the article is inseparable from its function (the one cannot be obtained without the other), the article can be (or could have been) protected only by a patent ; (3) If it is possible to analyse the form of the article in several independent parts, the one(s) having a decorative character and the other(s) being correlated to an industrial result, the article can profit by the double protection. We can also cite Article L.511-6 of the Law : "The publicity received by a design, prior its filing, as a result of placing on sale or by any other means, shall not imply loss of property right nor of the special protection afforded by this Book". Consequently, the design may have been disclosed before the filing. However, in such a case, taking into account the fact that the novelty condition - absolute novelty - is appreciated at the date of the creation, it is advisable that the creator be able to prove this prior date. To this end, all means are possible inasmuch they are indisputable. The duration of a French design registration is of 25 years from the filing date, duration which may be extended up to 50 years.