Industrial Property Law

The date of filing is particularly important, as it determines the time at which the conditions of novelty and inventive step of the invention are assessed. It is also the starting point for the exclusive right of exploitation (priority date): if the patent is granted, the protection conferred is retroactive as of that date (Article L. 613-1 IP Code) .
Under Article L. 612-2 of the Intellectual Pr …

Date of filing

The date of filing is particularly important, as it determines the time at which the conditions of novelty and inventive step of the invention are assessed. It is also the starting point for the exclusive right of exploitation (priority date): if the patent is granted, the protection conferred is retroactive as of that date (Article L. 613-1 IP Code) .

Under Article L. 612-2 of the Intellectual Property Code, the filing date corresponds to the date on which the applicant submits to the INPI the documents, which include:

- a statement that a patent is being applied for,

- information enabling the applicant to be identified or contacted,

- a description of the invention or a reference to a previously filed application .

Priority is acquired on the date of submission of at least one copy of these documents, written in French (Article R. 612-8 IP Code).

If one of the required documents is missing from the patent application, or if the description of the invention does not meet the requirements set out in the provisions of the Intellectual Property Code relating to patents, the applicant has two months in which to make additions or corrections to the application. The filing date then corresponds to the date on which the application is completed (Article R. 612-8, para. 3, IP Code) . If the application is not completed within the time-limit set, it is rejected by reasoned decision of the director general of INPI.

The application is no longer required to include claims for the applicant to benefit from the filing date. This requirement tended in effect to delay the starting point of patent protection, and increased the risk that the novelty of the invention would have been destroyed beforehand. Claims may now be supplied at a later date, up to the start of the preliminary documentary search (Article L. 612-13 IP Code).

Cass. com., 4 October 2011, LawLex202200001014JBJ.

Ordinance No 2008-1301 of 11 December 2008 relaxed the rules governing patent applications. The description of the invention may be replaced by a reference to a previously filed application (Article L. 612-2, c) IP Code).

Cass. com. 24 September 2003, LawLex202200001572JBJ, ruling on the basis of former Article R. 612-8 of the Intellectual Property Code, which set a period of one month for completing applications.

Industrial Property Law

269. Date of filing

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

269. Date of filing

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise