Unlocking the French Utility Model: A Simpler Path to Innovation Protection

Understanding the French Utility Certificate System

Within the spectrum of intellectual property protection options, utility models (also known as utility certificates) stand out as a preferred choice for many businesses and inventors due to their streamlined application process and rapid granting. 

A French utility model goes through formality examination only — no search or substantive examination. However, if the owner wishes to enforce the right in France, they must first obtain a search report. This procedure simplifies the initial application complexity, providing inventors with a more economical option.

Authority:

• Institut national de la propriété industrielle (INPI), www.inpi.fr

Term of Protection: 

• 10 years.

Due date: 

• Within 12 months from the earliest priority date.

Grace Period for Novelty:

• 12 months before the filing date

Filing a patent application with INPI involves several documentation and procedural requirements. Key among these are:

• Application Form: This must include details of the applicant(s) and inventor(s). For individuals, this includes their name, nationality, and address. Legal entities must provide their legal name, form, and address.
• Description of the Invention: A comprehensive explanation of the invention detailing its utility and technical nuances.
• Claims: These define the scope of protection sought and must be clear and concise.
• Drawings: If applicable, these should be included to illustrate the invention.
• Abstract: A brief overview of the invention is necessary for publication and reference purposes.
• Priority Claims: If claiming priority from an earlier patent filing, details such as country, filing date, and number must be specified. Certified copies of documents should be submitted within 16 months from the priority date.
• Assignment of Priority Right: If applicable, and if the priority document is in another's name, an assignment of the priority right along with a French translation must be submitted within the specified timeframe.
• Official Fee Payment: Fees vary, with reduced rates available for "small entities," defined as those meeting specific criteria related to business size and ownership.
• Importantly, applications can initially be filed in any language, although a French translation must be submitted within two months.

Points: 

• For utility model applications filed before January 11, 2020, conversion to a patent application was allowed before publication (about 16 months after filing). Conversion required paying the search fee and submitting a prior art search report.
• Since July 1, 2020, applicants may file a provisional patent application and later convert it, within 12 months, into a utility certificate.
• A utility certificate is easier to obtain than a patent. It gives inventors more time to think — whether to strengthen their protection by requesting a search report and converting to a patent, or to wait and use the report later, if litigation arises.
• A utility certificate is particularly meaningful for protecting inventions with a short lifespan.
• Contrary to a patent, no search report is required for a Utility Certificate. However, the patentability requirements remain the same : novelty; inventive step; industrial applicability.
• A Certificate of Utility (like a patent) is published 18 months from the filing date or the priority date.
• Generally the grant of a Utility Certificate takes place 2 years from the filing (instead of 3 years for a patent).
• It is possible to accelerate the granting of a certificate of utility by requesting earlier publication.