1 Basis for conversion

Deemed withdrawal pursuant to Art. 77(5) EPC

Art. L. 614-6. Law No. 92-597

2 Procedural steps to be taken

(a) Payment of

- national filing fee (EUR 35 + EUR 15 for the 11th and each subsequent claim);

- priority fee (EUR 15)

- the fee for a search report (EUR 320), unless the applicant has requested deferral of the report;

(b) Filing, in triplicate, of a French translation

Art. R. 614-5 and R. 614-17 Decr.

Ord. of 19.9.79 and Fees Ord. of 24.12.01

3 Time limit for taking procedural steps referred to in column 2

2 months after publication in BOPI of a notice regarding the conversion.

Where patent applications may not be published: 2 months from the receipt by INPI of the request for conversion except the fee for a search report which is due within six months from the end of the prohibition measures.

Art. R. 614-5, R. 612-31, para 2 Decr.

4 Must a national professional representative be appointed?

Not required for procedural steps in column 2; an authorised professional representative before the EPO is not required to file a new authorisation.

All subsequent procedural steps must be taken by an authorised national representative, if the applicant has neither a residence nor his principal place of business in France.

Art. R. 612-2 Decr.

5 Special features

The request for conversion may be filed either with the Patent Office (INPI) in Paris or with the branch offices in Bordeaux, Grenoble, Lille, Lyon, Marseille, Nancy, Nantes, Nice-Sophia Antipolis, Rennes, Strasbourg or Toulouse.

Subject to national security legislation, INPI publishes in BOPI a notice regarding the conversion within one month of receiving the request for conversion.

INPI charges a fee of EUR 25 + EUR 0.75 per page and copy for producing copies of the EP application and transmitting them to the designated States; cf. Art. R. 614-15 Decr. re payment of renewal fees.

Art. R. 614-5, R. 614-19 Decr.

Fees Ord. of 24.12.01

Regarding provisions applicable to utility certificates see Art. L. 611-2. Law No. 92-597