Book VI: Protection of inventions and technical knowledge

Claims define the subject matter of the protection applied for by indicating the technical characteristics of the invention. A claim may not, unless absolutely necessary, be based, in order to express the technical characteristics of the invention, on mere references to the description or drawings.

Every claim comprises: 1° A preamble mentioning the designation of the subject matter of the invention and the technical features which are necessary for the definition of the claimed elements but which, combined together, form part of the state of the art; 2° A characterising part, preceded by an expression of the type “characterised by”, setting out the technical features which, in conjunction with the features provided for in 1°,…

Without prejudice to the provisions of articles L. 612-4, R. 612-19 and R. 612-48, a patent application may only contain more than one independent claim of the same category (product, process, device or use) if the subject matter of the application relates to: a) Several products which are related to each other; b) Different uses of a product or device; c) Alternative solutions to a particular problem insofar as these…

Subject to the provisions of the first paragraph of Article L. 612-4, a patent application may contain several independent claims falling within the same category (product, process, device or use) if the subject matter of the application cannot be adequately covered by a single claim. A claim setting out the essential features of the invention may be followed by one or more claims relating to particular embodiments of that invention.

Within the meaning of Article L. 612-4, in particular, may be included in the same patent application, either: 1° An independent claim for a product, an independent claim for a process specially designed for the manufacture of that product, and an independent claim for a use of that product; 2° An independent claim for a process, and an independent claim for a device or means specially designed for the implementation…

The abstract shall be drawn up exclusively for the purposes of technical information. It may not be taken into consideration for any other purpose, in particular to assess the scope of the protection applied for or for the application of the third paragraph of Article L. 611-11. The final content of the abstract is, if necessary, formatted by the National Institute of Industrial Property. It is published in the Bulletin…

The descriptions and claims contained in the applications filed may be drafted in a foreign language. If this option is used, the applicant shall be invited to provide a French-language translation of the documents within two months. The period referred to in the third paragraph of Article L. 612-9 shall be suspended until such time as this translation is provided.

Proof of the exhibitor’s right, defined in Article L. 611-13, first paragraph, second indent b, shall be provided within four months of the filing date of the patent application in the form of a certificate issued during the exhibition by the authority responsible for ensuring the protection of industrial property at that exhibition and stating that the invention was actually exhibited there. The certificate mentions the opening date of the…

The declaration of priority provided for in 1 of Article L. 612-7 shall include the date of the earlier filing, the State in or for which it was made, and the number assigned to it. The declaration of priority must be made when the patent application is filed or within sixteen months of the earliest priority date claimed. The declaration of priority claimed in the context of a patent application…

A request for the benefit of the filing date of one or more earlier applications shall not be admissible where: 1° It is not made at the time of filing of the patent application; 2° The filing date of the earlier application or applications, the benefit of which is requested, is more than twelve months earlier; 3° The filing of the application or applications, the benefit of the filing date…