Subsection 6: Grant and publication of the patent

At the end of the examination of the patent application, the applicant is requested to pay, within the time limit set by the National Institute of Industrial Property, the fee for the issue and printing of the specification.

A decision on the patent application shall be taken within four months of payment of the fee for granting and printing the specification referred to in Article R. 612-70.

Failing an express decision within the period mentioned in Article R. 612-70-1, the application is deemed to be accepted.

The patent is granted in the applicant’s name by decision of the Director General of the Institut national de la propriété industrielle. This decision is notified to the applicant, together with a certified copy of the patent. In the event of assignment of the application, the patent shall be granted in the name of the last assignee entered in the National Patent Register until payment of the fee for granting…

In the event that the rights attached to the patent application lapse for non-payment of the fees provided for in Article L. 612-19, the patent grant procedure is terminated.

The request to amend the patent after partial revocation or invalidation as referred to in Articles L. 613-23-6 and L. 613-27 respectively shall be submitted in writing. Where the amendment to the patent complies with the decision of partial revocation or invalidation, the National Institute of Industrial Property shall publish a new specification of the patent. Where the amendment does not comply with the partial revocation decision or the operative…

A decision shall be taken on the application to amend the patent within twelve months of its filing. This period shall be interrupted, where applicable, by the notification provided for in the third paragraph of Article R. 612-73, until the application is regularised.

Failing an express decision within the time limit mentioned in Article R. 612-73-1, the application is deemed to be rejected.

The decision of the Director General of the Institut national de la propriété industrielle rejecting the application to amend the patent referred to in Article R. 612-73 may be the subject of the annulment appeal referred to in the first paragraph of Article R. 411-19.