Since 1 July 2020 it has been possible to file provisional patent applications in France.
The formal requirements for filing a provisional patent application are fairly simple compared with those of the 'classic' French patent application (eg, claims or abstracts cannot be filed).
Nonetheless, the filing date of this provisional application can still be claimed as the priority date of a 'classic' patent application.
These newly introduced provisional filings are a solution when, for example, an invention must be disclosed and there is limited time to draft a complete patent application. This is particularly true if an invention must be presented at a trade fair, in a publication or in a business relationship context.
At a later stage, the provisional patent application can be:
- abandoned;
- transformed into a 'classic' patent application; or
- transformed into a utility model.
If, within 12 months of its filing date, the provisional application is not transformed, it will be considered as having never been filed and it will not be published. Therefore, it will have no effect on the patentability of a patent application filed after its own filing date.
At any time during the 12-month period from its filing date, the provisional application may be transformed into a 'classic' application if it fulfils the formal requirements of a 'classic' French patent application and is accompanied by a request for compliance.
Alternatively, and under the same conditions, the provisional application may be transformed into a utility model.
In other words, one of the main interests will be the application date before the disclosure of the invention. However, care must be taken when filing such a provisional application.
