The patent grant procedure takes place in several stages. They consist of a series of examinations to determine the patentability of the invention and its definition. Although this formality is reputed to be onerous, inventors, small businesses and start-ups nevertheless need this protection. It’s the only way to defend yourself in the event of infringement, and it’s a real asset when it comes to convincing investors. But is it possible to register a patent for free, or for less?
The cost of registering a patent with INPI
INPI (Institut National de la Propriété Industrielle) is the compulsory office for all formalities involved in filing a patent in France. It is at INPI that the elements required to file a patent application are deposited.
Since a patent is a national title, the fees and charges apply to everyone, and no exceptions can be made. Filing a patent application and obtaining a patent are never free of charge. However, under certain conditions, you can benefit from a 50% reduction in royalties. This applies to individuals (independent inventors), companies with fewer than 1,000 employees, and non-profit organizations (NPOs) in the education or research sector. For SMEs, no more than ¼ of the capital may be held by a structure with more than 1,000 employees.
INPI’s rates for a patent application are as follows (January 2019):
| Standard rate | Reduced rate (small entities) | |
| Filing + Research report | 26 € + 520 € | 13 € +260 € |
| Delivery | 90 € | 45 € |
These fees are used to pay the INPI examiners who check that the invention is patentable and the patent correctly drafted.
Situations requiring the use of an agent
In some cases, you may need to use the services of an agent to file your application with INPI. In this way, you file your patent through a professional who represents you.
A representative is required to file a patent on behalf of several people. The same applies to applicants who are not established or domiciled in France, in a member state of the European Economic Area, or in a member state of the European Union. In all cases, the assistance of a patent attorney is strongly recommended, as drafting and filing a patent are complex legal formalities requiring several years of study to master. Make one mistake, and your invention could be in the public domain for good!
Most mistakes made at the time of filing are irrecoverable later on.
This is an additional cost to take into account when budgeting for your patent protection, but one that will help you avoid unnecessary expenses and maximize your chances of obtaining a patent.
Annuities after patent grant
You can maintain your patent for 20 years in return for payment of annuities. In this way, the patent remains in force and the title continues to protect your invention and your interests. Annuity payments increase each year, from €19 in the first year (reduced rate) to €790 in the final year.
Given that a patent is valid from the date of filing, and not from the date of final grant, fees are included in the formalities for the first year. Fees are paid directly to INPI.
Optimizing the cost of the procedure to protect an invention
All the formalities involved in registering a patent, as well as maintaining the title, involve an incompressible cost. The royalties due must be paid to INPI, otherwise the patent is no longer in force and the invention falls into the public domain. In order to reduce the cost of a patent for the applicant, we recommend that you take advantage of any potential reduction. Similarly, you may be eligible for the CIR (Crédit d’Impôt Recherche – Research Tax Credit) ! In addition to financing R&D expenditure, it covers 30% of the fees of an accredited patent attorney, such as YesMyPatent.
👉🏼 Our online simulator: Calculate the cost of patent filing
Do you need a representative for your application? Would you like to be accompanied by a professional to maximize your chances of successfully completing your procedure? Ask your patent attorney the right questions! On the one hand, be sure to consult a professional who is an expert in your technical field. On the other hand, favor package deals that include payment of INPI fees. This way, you’ll know from the outset how much the whole procedure will cost, and can apply for the appropriate funding.
It is therefore impossible to apply for a patent free of charge.
With YesMyPatent.com, create your account and contact an IP consultant specialized in your technical field in just a few clicks! Our clear, transparent rates include INPI fees. We are INPI and EPO (European Patent Office) accredited, and our fees are eligible for the Research Tax Credit.
