Filing Requirements:
1. Power of attorney, simply signed, with company seal.
2. 3 copies of the specifications in French.
3. Drawings in triplicate.
4. Deed of assignment from the inventor(s), simply signed.
5. Priority document, if priority is claimed, original copy.
* The title in French and the power of attorney must be submitted at the time of filing.
* Remaining documents may be submitted within 3 months from filing date.
Opposition:
Patent applications are published in the Official Bulletin. There is no provision for filing an opposition to the registration of a patent.
Search:
It is possible for granted and published inventions in the Official Bulletin to be searched by subject matter, priority or patentee name.
Examination:
As to form only.
Annuities:
The 1st through the 5th patent annuities are payable at the time of filing. The remaining annuities are payable in groups of 5 years at the time of payment of the 6th, 11th, and 16th annuities. There is a 6-month grace period for late payment with a surcharge.
Protection Term:
The term of protection is 20 years from filing date. The duration of pharmaceutical patents subject to marketing approval may be extended for 2 years and half.
Compulsory License:
A patent has to be worked. If the patent is not being fully exploited by the patentee within 4 years from filing date or 3 years from the date of grant then the patent will be subject to compulsory licensing under the provisions of the law.
Novelty Requirements:
Absolute novelty is required. However, disclosure of an invention in an official or officially recognized international exhibition shall not be taken into consideration if it occurred within the 12-months preceding the filing date of the patent application.
Special Protection Rights:
Certificates of Addition.
Extensions:
Patent extensions are provided to compensate for unreasonable delays that occur in granting the patent. Unreasonable delays include the issuance of the patent more than four years from the date of filing of the application. Furthermore, with respect to any pharmaceutical product that is subject to a patent, an extension of the patent term is available to compensate the patent owner for unreasonable reduction of the effective patent term as a result of delays from marketing approval process.
