Industrial Property Law

In addition to the charges levied for processing a patent application, applicants are required to pay an annual fee to maintain their application in force, and subsequently for the patent granted. This fee is intended to finance the operation and autonomy of the INPI, and to ensure that patents unnecessarily protecting inventions do not constitute an unjustified obstacle to the freedom of commerce …

Fees and taxes

In addition to the charges levied for processing a patent application, applicants are required to pay an annual fee to maintain their application in force, and subsequently for the patent granted. This fee is intended to finance the operation and autonomy of the INPI, and to ensure that patents unnecessarily protecting inventions do not constitute an unjustified obstacle to the freedom of commerce and industry. Payment of the maintenance duty is compulsory as soon as the patent application is filed. It must be paid no later than the date set by decree approved by the Council of State (Article L. 612-19, para. 1, IP Code) . It is payable for each year of the patent term, with the filing fee covering the first year (Article R. 613-46 IP Code).

Payment may be made by the owner him/herself, or by an representative, in which case the latter must be authorized to act before the INPI, unless he/she is an industrial property attorney .

The amount of the fee may be reduced for individuals, SMEs or non-profit organizations in the educational or research sector (Article L. 612-20 IP Code).

If payment of the annual fee has not been made by the due date, the fee may be validly paid within a grace period of six months, subject to payment of a supplement within the same period (Art. L. 612-19, para. 2, IP Code) . Failure to pay within the prescribed period is penalized by the termination of the patent application procedure (Art. R. 612-72 IP Code) or, if the patent is granted, by its forfeiture recorded by a decision of the INPI director general (Art. L. 613-22 IP Code). The applicant may ask to have his/her rights restored on presentation of a legitimate excuse, and if failure to comply with the deadline has as its direct consequence the rejection of the patent application or a request, the forfeiture of a patent application or the patent, or the loss of any other right (Article L. 612-16 IP Code).

The INPI specifies on its website that annuities must be paid no later than the last day of the anniversary month of the filing of the application.

Cass. com. 1 July 2008, LawLex202200003164JBJ.

The late payment fee amounts to 50% of the annuity.

Industrial Property Law

291. Fees and taxes

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291. Fees and taxes

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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