Key points
- Filing a patent protects a technical invention and confers an exclusive right of exploitation.
- This exclusive right lasts twenty years from the filing date (Article L611-2 of the French Intellectual Property Code).
- The application is filed with the INPI, the French National Institute of Industrial Property (Institut national de la propriété industrielle).
- Three cumulative requirements apply: novelty, inventive step and industrial application (Article L611-10).
- Premature disclosure destroys novelty: keep the invention confidential before filing.
- A patent protects a concrete technical solution, not a mere idea.
Filing a patent protects a technical invention and confers an exclusive right of exploitation. This exclusive right lasts twenty years from the filing date, under Article L611-2 of the French Intellectual Property Code (Code de la propriété intellectuelle). The application is filed with the French National Institute of Industrial Property, the INPI. Three cumulative requirements apply: novelty, inventive step and industrial application. This page describes the procedure, the requirements and the options for protection abroad. Every situation is different and calls for an analysis specific to your invention.
Why file a patent?
The twenty-year exclusive right of exploitation
A patent gives its holder an exclusive right to exploit the invention. Only you can make, use or sell the patented product or process. You can also grant licences to third parties. This exclusive right lasts twenty years from filing, provided the annual renewal fees (annuities) are paid. Article L611-2 of the Intellectual Property Code sets this term. The utility certificate, another protection title, lasts ten years.
A patent creates an intangible asset that can be valued. It strengthens your position against competitors and reassures investors. It is a bargaining tool in a partnership or a sale. In return for the exclusive right, the invention is made public. This disclosure adds to the state of the art and feeds collective innovation. A patent does not, however, protect a mere idea. It protects a concrete technical solution to a technical problem.
Patentability requirements
Novelty, inventive step, industrial application
Article L611-10 of the Intellectual Property Code sets out the three patentability requirements. The invention must be new, involve an inventive step and be capable of industrial application. These requirements are cumulative. If even one is missing, the patent cannot be granted or its validity is weakened.
Novelty means that the invention does not form part of the state of the art. The state of the art covers everything made available to the public before the filing date, by written or oral description, by use or by any other means. Premature disclosure destroys novelty. You must therefore keep your invention confidential before filing, in particular through non-disclosure agreements.
Inventive step is assessed from the standpoint of a person skilled in the art. Under Article L611-14 of the Intellectual Property Code, an invention involves an inventive step if, having regard to the state of the art, it is not obvious to that professional. Lastly, industrial application requires that the subject matter of the invention can be made or used in any kind of industry. Certain creations remain excluded from patent protection, such as discoveries, scientific theories or purely mental methods.
How do you file a patent with the INPI?
The steps of the filing
Preparation comes before filing. You first carry out a prior art search to check novelty. You then draft a complete technical file. This file includes a detailed description of the invention, drawings where necessary and, above all, claims. The claims define the exact scope of the protection sought. Their drafting determines the scope and strength of the patent. It demands great technical and legal precision.
The application is filed online on the INPI portal. You pay the filing fee and the search report fee. The INPI assigns a filing date, which sets the starting point of protection. This date plays a central role. It determines the date of precedence that can be relied on against third parties and the start of the twenty-year exclusive right.
Examination and grant
The INPI draws up a preliminary search report. This report cites the relevant documents of the state of the art. It sheds light on the novelty and inventive step of the invention. You can respond to the objections and amend your claims to take account of the observations. The INPI then examines compliance with the patentability requirements before granting the title. The granted patent is officially published. Keeping it in force requires payment of progressive annuities throughout the life of the patent.
How much does it cost to file a patent?
The cost of a patent combines several fees paid to the INPI. Under the fee schedule applicable on 2 July 2026, the filing fee is €26, the search report fee €520 and the grant fee €90. Annuities are then due to keep the patent in force. A 50% reduction of the main fees is available, subject to conditions, to individuals, SMEs with fewer than 250 employees and non-profit education or research bodies. It is requested at the time of filing.
Beyond the official fees, the real cost includes professional assistance. Drafting the claims and conducting the procedure often justify the support of an adviser. A poorly drafted application weakens protection and can be circumvented by competitors. Investing in a robust file therefore protects the value of the patent over time. For the exact and up-to-date amounts, consult the fee schedule published by the INPI directly.
Protecting your invention internationally
A French patent protects the invention in France only. Several routes exist to extend protection. The Patent Cooperation Treaty procedure, known as the PCT route, lets you file a single international application. This application then opens national phases in the States chosen. The European patent, granted by the European Patent Office (EPO), protects the invention in the designated States after validation.
Your choice of strategy depends on your target markets and your budget. A twelve-month priority period runs from the first filing. It lets you extend protection abroad while keeping the date of the initial filing. You need to plan for this period. A sound strategy combines the filing calendar, the choice of territories and cost control. Our team also assists you with the licence agreements that add value to your titles. Every situation is different.
Frequently asked questions about filing a patent
How do you file a patent?
You check novelty with a prior art search, draft a file with a description and claims, then file online on the INPI portal and pay the fees. The INPI draws up a search report before grant.
What are the requirements to patent an invention?
Article L611-10 of the Intellectual Property Code requires three cumulative conditions: novelty, inventive step and industrial application.
How long does patent protection last?
A patent protects the invention for twenty years from filing, under Article L611-2 of the Intellectual Property Code, provided the annuities are paid.
Can you patent an idea?
No. A patent protects a concrete technical solution to a technical problem, not a mere idea. Discoveries, scientific theories and purely mental methods remain outside the scope of patents.
How much does a patent cost?
The cost combines the filing fee (€26), the search report fee (€520), the grant fee (€90) and annuities, under the INPI fee schedule applicable on 2 July 2026. A 50% reduction exists, subject to conditions, for individuals, SMEs and certain bodies.
Official sources on patent filing
- Article L611-2 of the French Intellectual Property Code (twenty-year term of the patent from filing) – Légifrance (in French)
- Article L611-10 of the French Intellectual Property Code (patentability requirements: novelty, inventive step, industrial application) – Légifrance (in French)
- Article L611-14 of the French Intellectual Property Code (definition of inventive step) – Légifrance (in French)
- INPI, procedure and service fees (French: tarifs des procédures et prestations; procedure fees applicable on 2 July 2026) – inpi.fr (in French)
This article presents the law for general information purposes. It does not constitute legal advice. Every situation is different and calls for a specific analysis. Content compliant with the professional conduct rules of the legal profession.
This page provides general information and does not constitute legal advice: every situation is different. For a specific matter, see our intellectual property lawyer page.
