Industrial Property Law

The application for registration is rejected if not submitted in accordance with the prescribed formalities and conditions, or if its publication is likely to offend public order or decency (Art. L. 512-2, para. 3, and R. 512-8 IP Code). However, the application can only be rejected after the applicant has been first called upon, as applicable, either to rectify the situation, or to present his/her observations (Art. L. 512-2, al. 4, IP Code). In this case, the filing date is postponed until the date of regularization. If the irregularities are not remedied within the time-limit set, the application will not be processed (Art. R. 512-9 IP Code).

An application may be withdrawn until the start of the technical preparations required for publication, by means of a written declaration addressed to the INPI and formulated by the proprietor or his or her representative. If there is more than one applicant, the withdrawal must be requested by all of them. A declaration of withdrawal may relate to a single filing only, and may be limited to some of the designs (Art. R. 512-9-1 IP Code).

The INPI has six months in which to rule on the application. Notification of non-conformity as provided for in Article R. 512-9 of the Intellectual Property Code interrupts this period until the objection is withdrawn. The interruption may also result from the deferment (adjournement) of publication provided for in Article R. 512-10 of the same Code until the deferment is waived (Art. R. 512-9-2 IP Code). In the absence of an express judgment within the specified time-limit, the application is deemed to have been rejected (Art. R. 512-9-3 IP Code).

The applicant may appeal against the INPI director general's decision in the competent court of appeal, in accordance with Articles L. 411-4 and L. 411-5 of the Intellectual Property Code.

460. INPI decision