Section 1: Organisation of the National Institute of Industrial Property

Articles in this section · 17

Article R411-1

French Intellectual Property CodeIn force

Updated 7 Nov 2023

The Institut national de la propriété industrielle shall in particular be responsible for:

1° The examination of patent applications, the grant of patents and all documents relating thereto, and the examination of oppositions;

1° bis. The granting, on the advice of the Minister for Defence, of authorisations for the disclosure and free working of patents for invention referred to in Article L. 612-9, as well as, at the request of the Minister for Defence, the extension and lifting of prohibitions on the disclosure and free working of patents for invention referred to in Articles L. 612-10, L. 614-5 and L. 614-21;

2° The registration and publication of trademarks or service marks and the examination of applications for invalidity and revocation of trademarks mentioned in 2° of Article L. 411-1;

3° The issue of certificates of identity and information concerning prior art in relation to trademarks or service marks;

4° The organisation of the deposit, conservation and making available to the public of cultures of micro-organisms used by an invention for which a patent is applied for;

5° The centralisation, registration, conservation of design deposits and their publication ;

6° The keeping of registers of patents, trademarks and designs, the recording of all acts affecting the ownership of patents for inventions, trademarks for goods or services and designs;

7° The application of the provisions contained in the laws and regulations on the temporary protection of industrial property at exhibitions, on industrial awards and on marks of origin ;

8° The application of international agreements and the implementation of cooperation actions in industrial property matters, and in particular administrative relations with the World Intellectual Property Organisation , the European Patent Organisation, the European Union Intellectual Property Office and the national or regional industrial property offices of the European Union ;

9° The keeping of the National Register of Companies;

10° The keeping of entries made until 31 December 2022 in the National Register of Commerce and Companies and of deeds filed until that same date in the appendix to the said register ;

11° Making available to the public the information and documents contained in the registers mentioned in 9° and 10°, in accordance with the rules applicable to these registers;

12° Centralising, storing and making available to the public any technical and legal documentation concerning industrial property;

13° Managing the Official Industrial Property Bulletin;

14° Examining applications for approval and requests to amend the specifications of the geographical indications defined in Article L. 721-2, the approval and withdrawal of approval of these specifications;

15° The management, in its capacity as the single body provided for by Article L. 123-33 of the Commercial Code, of the IT service mentioned in Article R. 123-2 of the same code, as well as the management of the IT service referred to in Article R. 123-30-9 of the same code;

16° The recording and, where applicable, the storage and return of envelopes intended to facilitate proof of the contents and certain dating of applications relating to industrial property, under conditions laid down by decision of its Director General. That decision may provide that such filing, as well as any transmission or communication relating to that procedure, shall be carried out solely in electronic form.

For the exploitation of its documentary holdings, the Institute may set up data banks, where appropriate, in conjunction with other files or registers. To this end, it may set up subsidiary companies or take financial holdings.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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