Patents

 International Arrangements:

  • Paris Union (from 21 December 1963)
  • WIPO (from 22 December 1989)
  • PCT (from 24 January 1978)

Types of Patents Available:

  • Patents of Invention
  • Patent of Addition
  • National Phase PCT application

Novelty requirement:

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, subject to the production of an officially recognised certificate attesting to the participation at such exhibition, or
  • an abuse committed by a third party with regard to the applicant or his predecessor in title.

Patentability:

Pharmaceutical, veterinary, cosmetic and food products are not patentable

Filing requirements:

National Phase PCT application:

  • Power of Attorney (notarised) (can be late filed within two months)
  • Specification, claims and abstract in French (required within five months)
  • Formal drawings, if applicable (required on the day of filing)
  • Copy of Published International Application (required on the day of filing)
  • Copy of International Search Report (can be late filed, no set deadline)
  • Copy of International Preliminary Report on Patentability (can be late filed, no set deadline)

Patents of Invention (Non-PCT):

  • Power of Attorney (notarised) (can be late filed within two months)
  • Specification, claims and abstract in French (required within five months)
  • Formal drawings, if applicable (required on the day of filing)
  • Assignment of Priority Rights (can be late filed, no set deadline)
  • Priority document with verified French translation (can be late filed within three months)

Grant:

The term of a patent is fifteen years from the filing date. This term may be extended for a further period of five years upon request (the request for extension must be submitted within the two month period before the expiry date). The Patent of Addition expires with the main patent.

Renewal:

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

Printable Version

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