Chapter III: Patent rights

The annual fee for maintaining patent applications or patents in force, provided for in Article L. 612-19, is due for each year of the term of the patents. The filing fee covers the first annual instalment. Payment of the annual instalments falls due on the last day of the month in which the anniversary date of the filing of the application falls. It will not be accepted if it is…

I.-The six-month period provided for in the second paragraph of Article L. 612-19, during which payments made after the due date are validated subject to the payment of a late fee, is counted from the day following the due date of the annual fee. Any payment made after the due date shall be considered valid: when it relates to a patent application resulting from the division of a patent application,…

Where payment of an annual fee is not made by the normal due date, a warning shall be sent to the owner of the patent application or patent stating that he shall incur the forfeiture of his rights if such payment, together with that of the late fee, is not made before the expiry of the six-month period provided for in the first paragraph of article R. 613-47. The absence…

The application provided for in Article L. 613-22, seeking a declaration that the rights attached to a patent application or patent have lapsed, shall be submitted in writing. A reasoned decision is taken within six months. The decision shall be notified to the applicant.

Failing an express decision within the period referred to in the second paragraph of Article R. 613-49, the application is deemed to be rejected.

The following shall be entered in the National Patent Register: The mention of the decision establishing lapse provided for in Article L. 613-22; Petitions initiating restoration appeals, appeals against decisions of the Director of the Institute and appeals in cassation, as well as the decisions rendered. The decision restoring the patentee’s rights shall have no effect if the fees due are not paid within three months of the entry of…

The period provided for in paragraph 2 of Article L. 613-21 is fifteen days from the date of service of the seizure provided for in paragraph 1 of the said article.