National Law relating to EPC, VII. Conversion of European patent applications or patents into national patent applications, France
Contracting state | France |
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1Basis for conversion |
Deemed withdrawal pursuant to Art. 77(3) EPC Art. L. 614-6 PL |
2Procedural steps to be taken |
(a) Payment of – national filing fee (for electronic filings EUR 26) – the fee for a search report (EUR 520), (b) Filing of a French translation Art. R. 614-5 and |
3Time limit for taking procedural steps referred to in section 2 |
2 months after publication in BOPI of a notice regarding the conversion. Where patent applications may not be published: 2 months from the receipt by INPI of the request for conversion except the fee for a search report which is due within 6 months of the end of the prohibition measures. Art. R. 614-5, R. 612-31, para 2 Reg. |
4Must a national professional representative be appointed? |
Not required for procedural steps in section 2; an authorised professional representative before the EPO is not required to file a new authorisation. All subsequent procedural steps must be taken by an authorised national representative, if the applicant has neither a residence nor principal place of business in France or in another member state of the EU or EEA. For proprietors resident or having their place of business outside the EU/EEA, it is compulsory to appoint a professional representative online at procedures.inpi.fr. Art. R. 612-2 Reg. |
5Special features |
For the procedure for filing a request for conversion, see DG Dec. No. 2018-156 Subject to national security legislation, INPI publishes in BOPI a notice regarding the conversion within one month of receiving the request for conversion. INPI charges a fee of EUR 26 + EUR 0.75 per page and copy for producing copies of the EP application and transmitting them to the designated States; see Art. R. 614-15 Reg. re payment of renewal fees. Art. R. 614-5, R. 614-19 Reg. Regarding provisions applicable to utility certificates, see Art. L. 611-2 PL |