Industrial Property Law

In accordance with Article R. 612-3 of the Intellectual Property Code, the patent application includes a request for grant (requête en délivrance), to which are annexed :
- a description of the invention, accompanied, where appropriate, by drawings,
- one or more claims,
- an abstract of the technical content of the invention,
- where applicable, a copy of the earlier registrations, elements of wh …

Request for grant

In accordance with Article R. 612-3 of the Intellectual Property Code, the patent application includes a request for grant (requête en délivrance), to which are annexed :

- a description of the invention, accompanied, where appropriate, by drawings,

- an abstract of the technical content of the invention,

- where applicable, a copy of the earlier registrations, elements of which are included under the conditions set out in Article L. 612-3 of the Intellectual Property Code, with the elements included prominently displayed.

The request for grant, signed by the applicant or his/her representative, includes the nature of the industrial property title applied for, the title of the invention, the name of the inventor , the surname and first names of the applicant, his/her nationality and domicile or registered office, and the name and address of the representative, if any (Article R. 612-10 IP Code). French law dissociates the applicant from the inventor, the presumption of ownership of the title benefiting the first applicant by virtue of Article L. 611-1 .

The request may be supplemented by optional information, such as details of any reduction in royalty rates granted to or requested by the applicant, previous filings, priorities claimed or presentation of the invention at an official or officially recognized exhibition (Article R. 612-11 IP Code).

The provisional filing procedure, introduced by the Decree of 3 January 2020  , allows the submission of claims, abstracts or copies of earlier applications to be deferred (Article R. 612-3-1 IP Code). Such a filing may be made in particular when the applicant does not have all the elements required to establish the state of the art. The applicant must mention this procedure in the request for grant (Article R. 612-3-1, para. 2, IP Code), and has twelve months in which to complete the application or request its conversion into a utility certificate application. Failing either action, the provisional patent application is deemed withdrawn (Article R. 612-3-2 IP Code).

When the applicant is not the inventor or the sole inventor, his designation may be made in a separate document. If the applicant has not designated the inventor, he/she will be notified of this and asked to rectify the situation (Article R. 612-11 IP Code).

TGI Paris, 26 May 2016, LawLex202200010421JBJ. See also CA Paris, 25 January 2012, LawLex202200010457JBJ, which specifies that the person designated as inventor in the patent application benefits from a rebuttable presumption.

Decree No 2020-15 of 8 January 2020 on the creation of a provisional patent application and the conversion of a utility certificate application into a patent application, OJ of 10 January 2020, stemming from the PACTE Law and in force since 1 July 2020.

Industrial Property Law

271. Request for grant

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

271. Request for grant

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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