Inventive step


Since May 22, 2020, the patentability examination of French patent applications by INPI examiners now includes examination of inventive step.

This criterion was incorporated by PACTE Act in article L. 612-12 IPC.

Otherwise said, the INPI can now reject an application as being non-patentable on the grounds that the criterion of inventive step is not met.

Only patent applications filed on or after May 22, 2020 are concerned by this change.

The question arises, however, to which extent the INPI will align its practice of examining inventive step with that of the well-established European Patent Office.