Subsection 4: Rejection of the application

The patent application shall be rejected if: 1° It has not been completed within the time limits laid down in Articles R. 612-8 (fifth paragraph), R. 612-11 (sixth paragraph), R. 612-21 and R. 612-35 (sixth paragraph); 2° The filing and research report fees referred to in Articles R. 612-5 and R. 612-54 have not been paid within the prescribed period. The rejection decision is notified to the applicant, who has…

If, apart from the cases provided for in articles R. 612-8 and R. 612-45, the patent application is not formally in order with regard to the provisions of this title or the decree adopted for their application or has not given rise to payment of the prescribed fees, notification thereof shall be made to the applicant. The notification will indicate the time limit set for the applicant to regularise his…

If the subject of the divisional application filed under Article R. 612-33 or from Article R. 612-34 extends beyond the content of the description of the initial application, the applicant shall be invited to amend the divisional application in line with the indications given to him and within the time limit set. Within this time limit, the applicant may submit written observations in which he refutes the indications given by…

Where the applicant has been invited, pursuant to Article R. 612-33, to divide his application, he may, within the period provided for in that Article, submit written observations in which he refutes the objection made by the National Institute of Industrial Property. If the applicant has not submitted observations, or if he has not limited his claims or if the patent application has not been divided, the application shall be…

If the patent application is likely to be rejected for one of the cases provided for in Article L. 612-12 (4°, 5°, 6° and 8°), the applicant is notified of the decision and the reasons for it. The notification shall specify the time limit for the applicant to submit observations or new claims. The patent application is rejected: if the applicant has not submitted observations or new claims within the…

In the event of partial non-compliance of the description or drawings with the provisions of articles L. 611-17, L. 611-18, L. 611-19 (4°) or L. 612-1, notification shall be given to the applicant. The notification specifies the proposed deletions as well as the period allowed for the applicant to submit observations. If the applicant has not submitted observations within the time limit set or if these observations are not accepted,…

If the patent application is likely to be rejected for one of the cases provided for in Article L. 612-12 (7° and 9°), reasoned notification is given to the applicant. The notification contains a formal notice to amend the patent application, to file new claims or to submit observations in support of the maintained claims, as the case may be. The notification shall specify the time limit for doing so….

If a patent application is rejected or liable to be rejected due to non-compliance with a time limit set by the National Institute of Industrial Property, the rejection shall not be pronounced or shall have no effect if the applicant submits a request for continuation of the proceedings. The request must be made in writing within two months of notification of the refusal decision. Any action not taken must be…