National measures relating to the Unitary Patent, II. Safety net, France
II. Safety net
| Participating Member State | France |
|---|---|
1Safety net |
Yes |
2Description |
France has put a "safety net" system in place to allow for validation of a European patent where a request for unitary effect has been rejected. The applicable provisions are laid down in Article R. 614-16, as amended by decree No. 2018-429 of 31 May 2018, and will enter into force on the same date as order No. 2018-341 of 9 May 2018, i.e. on the date of entry into force of the UPCA. Under Article L. 612-19 of the Intellectual Property Code, renewal fees are payable for any French patent application or patent or European patent having effect in France. They are due for each year of the patent term; for European patents, however, only for the years following publication of the mention of grant in the European Patent Bulletin. Under Article R. 613-46, renewal fees are due on the last day of the month containing the anniversary of the date of filing of the European patent application. If a renewal fee has not been paid on the due date, it can still be validly paid within a six-month grace period, subject to payment of an additional fee within the same period. Moreover, Article R. 614-16 provides, in accordance with Article 141 EPC, that renewal fees for a European patent may only be imposed for the years following that in which the mention of its grant was published in the European Patent Bulletin and that fees falling due within two months of that publication in the European Patent Bulletin can be paid within that two-month period without any additional fee. In addition, where a European patent proprietor has filed a request for unitary effect and that request is rejected, they have a "safety net" enabling them to pay the following fees within three months of the date of notification of the non-appealable rejection:
In any event, the fees can still be paid within a further six-month period, subject to payment of an additional fee. |