Patents

 International Arrangements:

  • WIPO (from 28 January 1975)
  • Paris Union (from 31 January 1975)

Types of Patents Available:

  • Patents of Invention
  • Patents of Importation
  • Patents of Addition or Improvement
  • Certificates of Encouragement (Discoveries)

 Novelty Requirements:

Absolute novelty is required. However, novelty will not be destroyed if the disclosure of the invention to the public occurred not earlier than six months preceding the filing date or where applicable the priority date, and it was as a consequence of:

  • the applicant or his predecessor in title displaying the invention at an official or officially recognised international exhibition, or
  • an abuse committed by a third party with regard to the applicant or his predecessor in title.

 Filing Requirements:

Patents of Invention:

  • Power of Attorney in duplicate (special form, simply signed) (required on the day of filing)
  • Specification, claims and abstract in any language (required on the day of filing)
  • Specification, claims and abstract in French (can be late filed within five months)
  • Formal drawings, if applicable (required on the day of filing)
  • Priority document with verified French translation (can be late filed within five months)

 Patents of Importation:

  • Power of Attorney in duplicate (special form, simply signed) (required on the day of filing)
  • Specification, claims and abstract in any language (required on the day of filing)
  • Specification, claims and abstract in French (can be late filed within five months)
  • Formal drawings, if applicable (required on the day of filing)
  • Certified copy of basic foreign granted patent (required on the day of filing)

Certificates of Encouragement:

  • May be awarded for useful discoveries. This does not cover scientific discoveries according to the Geneva Treaty on the International Registration of Scientific Discoveries. Please contact us for further information.

 Grant:

The term of a patent is twenty years from the filing date, except for a patent for medicine, which has a term of fifteen years from the filing date. Patents of Importation and Addition terminate at the same time as the main patent on which it is based.

Renewal:

Renewal fees fall due annually commencing on the second anniversary of the filing date.

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