Country Guide: Filing a Patent in France (INPI)

France is the EU's second-largest economy, the world's seventh-largest by GDP, and a major market for pharmaceuticals, aerospace, defence, luxury goods, automotive, food and beverage, nuclear energy, and clean technology. For inventors, France matters both as a commercial market and as a strategic IP jurisdiction — its patent box tax regime, its role as host of the Unified Patent Court's central division, and the unique enforcement tools available under French law make it a jurisdiction worth understanding beyond the standard EPO filing strategy.

The Institut National de la Propriété Industrielle (INPI), headquartered in Courbevoie near Paris, administers patents, trademarks, designs, and geographical indications. INPI handles approximately 15,000–17,000 direct patent applications per year, in addition to the roughly 20,000+ EPO patents validated in France annually.

The Hard Truth About French Patents

France's patent system has one distinctive feature that surprises many foreign inventors: INPI does not conduct full substantive examination for inventive step. INPI performs a preliminary search (contracted to the EPO under a longstanding arrangement) and issues a search report with a written opinion on novelty and inventive step — but it does not refuse a patent application for lack of inventive step. If the formal requirements are met and the claims are clear, the patent is granted regardless of the search opinion.

What this means in practice: French patents are faster and cheaper to obtain than patents in jurisdictions with full substantive examination (US, Japan, Germany via EPO, China). But they are more vulnerable to invalidity challenges — a competitor can attack a French patent's validity in court, and the absence of an inventive step determination at grant means the patent has not been battle-tested by the office.

The practical implication: A French patent obtained directly through INPI is a useful right — it provides the legal basis for enforcement, licensing, and the patent box tax benefit. But if enforcement in court is likely, inventors should consider either (a) filing via the EPO (which conducts full substantive examination) and validating in France, or (b) obtaining the INPI patent quickly for commercial and tax purposes while building a stronger global patent portfolio through examined offices.

The other side: The speed advantage is real. An INPI patent can be granted in 2–3 years from filing — sometimes faster. Combined with France's favourable cost structure, this makes France one of the most accessible patent jurisdictions for independent inventors and startups.

INPI: Overview

Types of Protection

Invention Patent (Brevet d'invention):

• Term: 20 years from filing date
• Examination: Preliminary search + formal examination (no substantive inventive step refusal)
• Subject matter: Products, processes, compositions, and improvements — same EPC-aligned standards as other European jurisdictions
• Not patentable: Discoveries, aesthetic creations, mathematical methods, computer programs "as such," methods of treatment of the human body, plant and animal varieties obtained by essentially biological processes

Utility Certificate (Certificat d'utilité):

• Term: 10 years from filing (extended from 6 years by the 2020 PACTE reform)
• Examination: No search report — formal examination only
• Use: Faster and cheaper than a full patent. Useful for inventions with a shorter commercial life or where speed is more important than examination quality. Rarely used in practice, but the extended 10-year term has made it more attractive since the 2020 reform.

Industrial Design (Dessin ou modèle):

• Term: 25 years (5-year renewable periods)
• Registration: Through INPI, or through the EU via EUIPO for EU-wide design protection

Language

French is required for direct INPI filings. PCT national phase entries can be filed in English, with a French translation required within 2 months of national phase entry. The London Agreement means that EPO patents granted in English do not require a full French translation for validation in France — only the claims must be translated into French. This significantly reduces the cost of EPO validation in France compared to pre-London Agreement requirements.

Grace Period

None. France follows absolute novelty under the European Patent Convention framework. Any disclosure before the filing date — or before a priority date from an earlier filing — destroys novelty. There is no exception for the inventor's own disclosures.

Unique Features of the French System

No Inventive Step Refusal

As noted above, INPI does not refuse patent applications for lack of inventive step. The search report (rapport de recherche préliminaire) includes an opinion, and the applicant can amend claims in response, but INPI does not require amendments and will grant the patent even if the opinion is negative. This is unique among major jurisdictions and creates a genuinely different strategic calculus.

Employee Inventions (Inventions de salariés)

France has one of the most detailed employee invention regimes in the world, codified in the French Intellectual Property Code (Articles L. 611-7 et seq.). Three categories exist:

Mission inventions (inventions de mission): Made by an employee whose employment contract includes an inventive mission, or made during the course of studies or research explicitly entrusted to the employee. The invention belongs to the employer automatically. The employee is entitled to additional remuneration (rémunération supplémentaire), the terms of which are often contentious and the subject of significant French case law.

Attributable inventions (inventions hors mission attribuables): Made by an employee outside their inventive mission but using the employer's resources, knowledge, or data, or in a field connected to the employer's activities. The employer has a right of attribution — it can claim ownership by notifying the employee within a prescribed period and paying fair compensation (juste prix). If the employer does not claim attribution, the invention belongs to the employee.

Free inventions (inventions hors mission non attribuables): Made entirely outside the scope of employment, without employer resources. The invention belongs to the employee.

Why this matters for inventors: If you are employed in France and invent something, your employer may have automatic or claimable rights to that invention — even if your employment contract does not explicitly address IP. Understanding the classification is essential before filing in your own name.

Prior User Rights (Droit de possession personnelle antérieure)

French law provides a prior user right: any person who, before the filing date of a patent, was in good faith using the invention or making effective and serious preparations to use it, has the right to continue that use despite the patent. This right is personal and non-transferable (except with the business). It is a defence to infringement, not a right to license or sell.

Patent Box Tax Regime

France offers one of Europe's most attractive IP tax regimes. Under the 2019 reform (aligned with OECD BEPS nexus approach), net licensing income from qualifying patents is taxed at an effective rate of approximately 10% rather than the standard French corporate tax rate of 25%. This applies to patents, utility certificates, and certain other IP rights. The patent box applies only to income derived from R&D activities actually performed in France (the nexus requirement).

Practical implication: For companies generating licensing revenue from French patents, the tax benefit is substantial. This makes France attractive as an IP holding jurisdiction — particularly for European licensing operations.

UPC Participation

France is a founding member of the Unified Patent Court. The UPC's central division in Paris handles disputes involving pharmaceutical, food, and chemical patents (IPC classifications A and C). EPO patents validated in France are subject to UPC jurisdiction unless opted out during the transitional period. Inventors who want to avoid UPC jurisdiction for their French-validated EPO patents must actively file an opt-out with the UPC registry.

Filing Routes

Route 1: Direct Filing at INPI

File directly through INPI's online system (portail brevets). Application must be in French. No patent agent (conseil en propriété industrielle) is required — any person can file. Professional representation is recommended for prosecution and response to the search report.

Timeline: Publication at 18 months. Search report typically issued 12–18 months after filing. Grant 2–3 years from filing.

Route 2: EPO Filing with French Validation

File at the EPO (in English, French, or German) and designate France. After EPO grant, validate in France by filing a French translation of the claims (if the patent was granted in English or German). Under the London Agreement, no translation of the description is required for validation in France if the patent is in English.

Advantage: Full substantive examination at the EPO produces a stronger patent. Simultaneous coverage of other European states.

Route 3: PCT National Phase Entry

Deadline: 31 months from the international priority date. Application can be filed in English with French translation within 2 months.

Costs: Realistic Breakdown

INPI fees are among the lowest of any major patent office. France also offers reduced fees (50% reduction) for applicants qualifying as small entities (petites et moyennes entreprises and individual inventors).

Enforcement

Tribunal Judiciaire de Paris (3rd Chamber)

The TJ Paris is France's specialised patent court and handles the vast majority of French patent disputes. Judges have substantial experience with patent cases across all technology sectors. France is widely regarded as one of the most patent-holder-friendly jurisdictions in Europe.

Saisie-Contrefaçon (Seizure for Infringement)

France's most distinctive enforcement tool. The saisie-contrefaçon allows a patent holder to obtain a court order authorising a bailiff (huissier de justice) — accompanied by an independent technical expert — to enter the premises of a suspected infringer and collect physical and documentary evidence of infringement. This can be done without prior notice to the alleged infringer (ex parte). The procedure is fast, effective, and widely used. No other major jurisdiction offers anything quite as powerful for evidence collection.

Preliminary Injunctions

Preliminary injunctions (ordonnance de référé) are available and are granted more readily in France than in many other European jurisdictions. The court can order the cessation of infringing activities, seizure of infringing goods, and provisional damages — all before trial.

Damages

French courts award damages based on lost profits, infringer's profits, or a reasonable royalty. The 2014 reform strengthened damages provisions, and French courts have become increasingly willing to award significant damages in patent cases. Attorney fees are typically not fully recoverable — each party bears its own costs, with partial contribution (Article 700) at the court's discretion.

Litigation Timelines and Costs

A contested patent infringement case in the TJ Paris typically takes 18–24 months to a first-instance judgment. Costs for a fully contested case range from €100,000–€500,000. Appeals to the Cour d'Appel de Paris add 12–18 months.

Strategic Considerations

INPI for speed and tax, EPO for strength. If you need a granted patent quickly — for licensing, for the patent box benefit, or for commercial credibility — file directly at INPI. If you need a patent that will survive validity challenges in litigation, file at the EPO and validate in France.

Zero grace period. Same as the rest of Europe. File before you disclose. No exceptions.

Employee invention rules are mandatory. If you employ inventors in France, the employee invention regime applies regardless of what your employment contract says. Budget for the additional remuneration obligation for mission inventions, and understand the attribution right for hors-mission inventions.

The saisie-contrefaçon is your enforcement weapon. If you suspect infringement in France, the saisie-contrefaçon gives you evidence-collection capabilities that are unavailable in almost any other jurisdiction. Use it early — before the alleged infringer can destroy evidence.

Consider the UPC opt-out. If you validate an EPO patent in France, it will be subject to UPC jurisdiction unless you opt out. The UPC is new and its jurisprudence is still developing. Some patent holders prefer the certainty of established French national courts. Others prefer the UPC's ability to provide pan-European injunctions. This is a strategic decision that should be made consciously, not by default.

Common Mistakes

Assuming a French INPI patent is as strong as an EPO-granted patent. It is not — it has not been substantively examined for inventive step. Plan accordingly if enforcement is likely.

Ignoring employee invention obligations. The additional remuneration requirement for mission inventions is not optional, and disputes over juste prix for attributable inventions are common. Get employment contracts right from the start.

Filing in English without the translation. Direct INPI filings must be in French. PCT entries can be in English but require French translation within 2 months. Miss the translation deadline and the application may be lost.

Forgetting to opt out of the UPC. If you do not want your French-validated EPO patent subject to UPC jurisdiction, you must affirmatively opt out. Silence means UPC jurisdiction applies.

Not claiming the patent box. If you generate licensing income from French patents and perform qualifying R&D in France, the patent box saves significant tax. Many smaller companies fail to claim it.

Sources

1. INPI France (Institut National de la Propriete Industrielle) — Official national IP authority; filing procedures, fee schedules, and utility certificates
2. French Intellectual Property Code — Statutory framework for French patent law
3. WIPO — France Country Profile — Treaty memberships and IP office information
4. Unified Patent Court — Paris Central Division — UPC pharmaceutical, food, and chemical patent disputes

Information current as of April 2026. Patent fees, timelines, and office procedures change — verify with the national patent office before filing.