PCT Applicant's Guide France EQE - Valid as from 31 Oct 2023

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).

List of abbreviations used in this document:

Office: National Institute of Industrial Property (INPI) (France)

List of currencies used in this document:

EUR (Euro)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Article 64(5), Rule 20.8(a-bis)
Refer to the full list.
PCT Rule 20.8(a-bis), The Offices (in their capacity as receiving Offices) of the States listed in this table have notified the International Bureau (IB) that new PCT Rules 20.5bis(a)(ii) and 20.5bis(d), are not compatible and/or cannot be considered to be compatible with the national law applied by the Office, or are deemed to have notified the IB of this incompatibility on the basis of a notification made under PCT Rule 20.8(a) that remains in effect.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

France

Two-letter code:

Name of Office:

National Institute of Industrial Property (INPI) (France)

Location:

15 rue des Minimes
CS50001
92677 Courbevoie Cedex
France

Mailing address:

Same as above

Telephone:

National calls
01 56 65 89 98
International calls
(33) 1 71 08 71 63

E-mail:

contact@inpi.fr

Website:

http://www.inpi.fr

Facsimile:

(33) 1 56 65 86 00

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

Yes, within 14 days from the date of the transmission

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS

For applications filed with the Office on or after 1 October 2019

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

EP,

FR,

Does national legislation restrict the filing of international applications with foreign Offices?

Intellectual Property Code, Article L 614-18

Yes

Filing restrictions apply to:

Applications by natural or legal persons having a residence or principal place of business in France

Unless the priority of an earlier application filed in France is claimed

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

European patents

Availability under the national law for an international-type search (PCT Article 15):

None (but the search carried out by the European Patent Office (EPO) on national applications is equivalent to an international-type search)

Provisional protection after international publication:

Designation for the purposes of a European patent:

(1) International application published in one of the EPO official languages: damages, possibly seizure of the articles infringing the patent; however, the court hearing the infringement action stays proceedings until the patent is granted; any national requirements relating to the translation of the claims in the application must be met.

(2) International application published in a language which is not an EPO official language: the protection referred to in (1) does not become effective until the EPO publishes the international applica-tion supplied to it in one of its official languages.

Information of interest if this Contracting State is designated (or elected)

Are there special provisions concerning the deposit of microorganisms and other biological material?

For a European patent

Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

France

Language in which international applications may be filed:

French

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Yes

For the relevant notification by the Office, refer to PCT Gazette No. 18/2003, pages 9656 et seq.

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies the “due care” criterion to such requests

Competent International Searching Authority:

Competent International Preliminary Examining Authority:

Fees payable to the receiving Office:

Transmittal fee:

62 EUR

International filing fee:

1,378 EUR

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee per sheet in excess of 30:

16 EUR

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

207 EUR

Electronic filing (the request, description, claims and abstract in character coded format):

311 EUR

Search fee:

Refer to
Annex D(EP)

Fee for priority document (PCT Rule 17.1(b)):

15 EUR

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

156 EUR

Is an agent required by the receiving Office?

No, if the applicant resides in a State member of the European Union or party to the Agreement on the European Economic Area
Yes, if the applicant is a non-resident

Who can act as agent?

Any natural or legal person registered to practice before the Office

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

The Office continues to require that a power of attorney be submitted in the following instances:
If the agent is:
– a person indicated in article L.422-5 of the Code of Intellectual Property,
– an enterprise or a public institution contractually bound to the applicant,
– a specialized professional organization;
In case of reasonable doubt regarding the agent’s entitlement to act;
In case of a common representative.

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

National Phase

The Office closed the national route

Refer to National Chapter(EP)

Processing

FR - France
National Institute of Industrial Property (INPI) (France)