Paris, 10 May 2021 – With decision n°2021-65, the French Patent Office (INPI), has launched an accelerated examination procedure for patent applications related to an anti-COVID treatment or device, or contributing to the diagnosis or treatment of COVID.
As of 21 April 2021, the INPI allows Applicants to request an accelerated examination, in 24 months, of their non-provisional patent applications or utility certificates related to COVID. Applications must have been filed after 1 June 2020.
The request for accelerated examination must be presented within a 10-month period from the filing date, and must be accompanied by documents justifying that the subject-matter has been submitted to a competent authority in preparation for its placement on the market: clinical trial application, COVID treatment evaluation, marketing authorisation, conformity assessment for CE marking, validation of anti-COVID medical devices.
Accelerated examination entails an early publication of the application at 10 months from the filing date or priority date instead of 18 months, except for applications filed with a foreign or internal priority date earlier than 8 months from the filing of the application.
The subsequent examination procedure is similar to that of a non-accelerated application, with the exception of the INPI’s commitment to carry out the examination within a 24-month period. However, this delay cannot be guaranteed if examination becomes complex (irregularities in the application, unavailability of the search report at 10 months, unresolved patentability issues following the response to the search report, extension of the time period for responding, etc.).
This acceleration procedure complements the standard accelerated examination available for all technical fields. Your contacts at Regimbeau are at your disposal to advise you regarding this new procedure.
