France IP Development

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and of innovation

As a country with the vigorous development of hi-tech, the number of patent applications in France ranks second in Europe.

Many French companies are internationally famous in aerospace, information and communications technology, automotive, cosmetics, agricultural technology, biotechnology and other fields such as Airbus, L'Oréal, Michelin, Valeo, Safran, Oberthur, Essilor, Saint-Gobain, Peugeot, Renault, Technicolor, Sanofi, Thales.

France's ability to innovate is reflected not only in the achievements of multinational corporations, but also in the fact that many successful start-ups are beginning to show their powers on the world stage, many have made themselves good reputation through international network activities, such as the platform of "French Technology".

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atent

The French patent application procedure is very favourable to the applicant. Because of the simplicity of the examination process (authorization can be granted as long as a patent has novelty), patents are generally considered to be cheap and easy to be authorized. The simple review process makes it possible to extend the scope of protection at the time of authorization, while changes can be made at any time to narrow the scope of protection.

In particular, the scope of patent protection is tailored to the level of existing technology and the characteristics of the infringing products involved prior to the proceedings. This simple

examination

 process makes it possible to extend the scope of protection at the time of authorization, while changes can be made at any time to narrow the scope of protection. In particular, the scope of patent protection is tailored to the level of state of the art and the characteristics of the infringing products involved prior to the proceedings.

French patents have to be filed at Institut National de la Propriété Industrielle and are usually granted within two to three years after application (which may be requested for acceleration).

Furthermore, In France, search reports are provided by European Patent Office (EPO), so the submission of patents is an economical and efficient way to obtain high-quality search reports.

The objection process after authorization will also be launched in the next few years.

If patent owners do not want to apply for invention patents, they can also apply for French certificates of utility , which is similar to a Chinese utility model patent, but the certificates are valid for six years (which will soon be extended to ten years) and there are no search reports available..

EP and EU

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atent

Filing applications with the EPO on behalf of patentees is one of the most important tasks of French patent agents.

European patents are a series of national patents that have been granted through the examination process of the EPO. After a European patent is authorized, patentees can select countries in which they want to enter into force, to carry out the patent entry into force procedures. In the case of infringement, on the basis of the authorized European patent, the patentees may sue in the countries in which the patent is in force.

The EU unitary patent is also authorized through the examination process of the EPO. For infringements, a unitary law and a unitary trial system shall apply. As a result, one of the known advantages of the EU unitary patent is the filing of a claim is valid in almost all EU member states. The EU unitary patent system should enter into force in 2019 or 2020.

European patents or EU unitary patents are granted approximately 3-5 years after application. If a third party has an objection, it may be raised within 9 months after the authorization.

There are a number of ways to expedite proceedings, such as the EPO's Accelerated Prosecution of Applications(PACE program) Patent Prosecution Highway (PPH) or the EP phase entry of a PCT application.

IP

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itigations

France has the second largest number of IPR cases in Europe.

Since France is the second most populous country in the EU, launching IPR actions in France, especially in cases involving consumer goods, can effectively and economically combat infringement across Europe.

In French litigation cases, infringement investigation is a powerful tool for patentees. It is relatively easy to be allowed to conduct infringement investigation, so it can effectively help patentees to collect evidence of infringement without paying the expensive guarantee cost of evidence preservation.

Paris and the Unitary Patent Court (UPC) 

In view of the excellent professional competence of French patent agents, Paris is selected as the seat of the central division of the upcoming UPC. The first chairman of the UPC will be French.

The Central division of the UPC in Paris is qualified to hear important cases of European patents and EU unitary patents, especially when a patent infringement case involves three or more regional divisions. If a plaintiff or defendant is not an EU member state, Paris is also qualified to hear the trial.

The infringement investigation implemented by the UPC is derived from the infringement investigation of France. As a result, French patent agents will be more than able to represent patentees in the uniform Patent Court.

Trademarks and designs

French attorneys represent trademark or design owners to file applications at the French, European or International trademark offices.

They also take actions against third parties who potentially infringe IP rights, in particular by the filing of oppositions, the drafting of warning letters, conduction of negotiations, actions before the courts.

French IP attorneys are ready to help you French IP attorneys are used to advice foreign patentees. Their training and practice are internationally recognized.

After a very strong selection at the entrance to the engineering schools, French patent attorneys are trained by one of the largest international IP institution: the Center for International Intellectual Property Studies (CEIPI, in Strasbourg).

Many international professionals come to France to study IP at CEIPI since many internationally known professors teach IP there.

This results in France being the second European IP country as 20% of Examiners at the EPO are French citizens.

Furthermore, as France is at the heart of Europe, French patent attorneys are very close (less than two-hours travel) from the EPO offices for any examination or opposition: The Hague and Munich. In addition, an oral proceeding at examination can also be held through web camera meeting.




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