The utility certificate is an industrial property title in France that protects technical innovations, similar to an invention patent. It provides faster and more cost-effective protection, suitable for inventions with a short lifespan or uncertain patentability.
Main Characteristics:
Protection duration: Initially set at six years, the utility certificate’s duration was extended to ten years by the PACTE Law of May 22, 2019, aligning its duration with that practiced in other European countries.
Issuance procedure: Unlike patents, the utility certificate benefits from a simplified examination process, without a prior search report or in-depth examination of novelty and inventive step. This simplification allows for faster and more affordable acquisition.
Conversion into a patent: Since the PACTE Law, it has been possible to convert a utility certificate application into a patent application, offering strategic flexibility to innovators.
Applicable Legal Provisions:
Article L611-2 of the French Intellectual Property Code (IPC): This article specifies that the provisions relating to patents also apply to utility certificates, except for specific exceptions.
Articles R616-1 to R616-3 of the IPC: These articles detail the specific provisions related to the utility certificate, including applicable procedures and conditions.
In summary, the utility certificate is an attractive alternative to patents for protecting technical innovations, providing faster and more economical protection, now with an extended duration of ten years.
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