The Pacte Law has been the subject of much debate since the beginning of the year, but when will it come into force, you might ask? Well, it’s imminent, and will revolutionize the world of French Industrial Property.
How does this affect patent applications? For the simple reason that, from now on, all inventions will also have to meet the criterion of inventive step for a patent to be granted.
But what is inventive activity?
At present, for a patent to be granted in France, the invention must be new compared with what already existed. A tiny difference is therefore enough to obtain a patent. With the condition of inventive step, it’s a different story! What’s more, the invention must not be obviously derived from what already existed…
This condition is already mandatory in Europe and in the major industrialized countries, and is analyzed by French magistrates in the event of a trial.
Theinventive step requirement ensures that a competitor to the patent owner cannot, by means of minor improvements or changes, also obtain a patent and thus derive a monopoly from an invention that will have required heavy investment on the part of his competitor. This criterion will increase the economic value of the French patent, which is sometimes perceived as weaker than the European patent.
So, all in all, it’s good news, yes, because from now on France will be aligned with European criteria in terms of patents, and the French patent will therefore have a stronger value.
But it also means that obtaining a patent, issued by theINPI, is going to get tougher very soon…
We can therefore only recommend that you file your French patents as soon as possible if you wish to benefit from this streamlined examination, which is still available for a few months at most. Between the time to carry out thepatentability study and the drafting of the patent application, place your order before the end of the year.
Arrival of the inventive activity criterion!
The criterion of inventive step is now required to obtain a patent in France. Read our article!
