Key Benefits:
Minister of National Education, Higher Education and Research, Minister of Justice, and Minister of Industry,
Considering the Convention on the Grant of European Patents of 5 October 1973, and in particular its article 134;
Considering the intellectual property code, including its articles L. 411-1, L. 421-1, L. 421-2, R. 421-1, R. 421-5 to R. 421-8;
Given the national education code, including articles L. 613-1 and following;
Having regard to the Act of 10 July 1934 on conditions of issue and the use of the title of a graduate engineer;
Having regard to Decree No. 92-84 of 23 January 1992 establishing the title of master engineer;
Having regard to Decree No. 2002-482 of 8 April 2002 implementing the French system of higher education for the construction of the European Space of Higher Education;
Having regard to Decree No. 2002-590 of 24 April 2002 for the application of the first paragraph of Article L. 613-3 and Article L. 613-4 of the Education Code and for the validation of the acquired experience by higher education institutions;
Considering the decision of 23 April 2002 on university studies leading to the degree of licence;
In view of the decision of 25 April 2002 on the national master's degree,
Stop:
For the purposes of the provisions of Article R. 421-1 (1°) of the aforementioned Intellectual Property Code, are recognized as equivalent to a national second-cycle legal, scientific or technical diploma issued by a public institution of a scientific, cultural and professional character, defined by the aforementioned National Education Code:
A degree corresponding to 60 ECTS credits after the licence governed by the above-mentioned decision of April 23, 2002, sanctioning legal, scientific or technical training;
A title of engineer issued by a school on the list of public technical schools, private technical schools recognized by the State and private technical schools authorized to issue a title of graduate engineer, established annually by the commission of engineering titles pursuant to article 11 of the law of 10 July 1934 referred to above;
A title of master engineer awarded under the conditions provided for by decree No. 92-84 of 23 January 1992 referred to above;
A doctor's degree in medicine;
A doctor's degree in pharmacy;
A doctor's degree in dental surgery;
A degree of veterinary doctor;
A graduate degree in medical or pharmaceutical studies;
A DPLG architectural degree;
A degree from a political institute;
Any diploma obtained from the Minister for Higher Education's visa, sanctioning training at least three years after the Bachelor's degree and issued by a state-recognized higher education and management institution and authorized to issue such a degree;
Any foreign university or technical qualification required to access the professional qualification in industrial property in the State where this title was issued.
For the application of the provisions of Article R. 421-1 (2°) of the Intellectual Property Code, are admitted as equivalent titles to the national diploma issued by the Centre for International Studies of Industrial Property of the University of Strasbourg-III:
For the specialization "Make-ups, drawings and models", a national graduate degree or a national master's degree governed by the decree of April 25, 2002 above sanctioning training in the field of industrial property;
For the specialization "Invention Patents", the registered agent title listed by the European Patent Office before 1 April 1992.
The National Institute of Industrial Property is responsible for the organization of the suitability review under Articles R. 421-1 and R. 421-8 of the Intellectual Property Code. A review is organized for each specialization mention, "Invention Patents", on the one hand, "Makes, drawings and models", on the other. The special terms and conditions of the examination referred to in Article R. 421-8 shall be governed by Article 23 of this Order.
A review session for each specialization mention is organized at least every two years. The opening date of each session is set by the Director General of the National Institute of Industrial Property. Notice is given by insertion in the Official Journal of the French Republic and the Official Bulletin of Industrial Property and by mention on the website of the National Institute of Industrial Property, at least four months before the date of the first test.
Can apply for registration of candidates who meet the regulatory conditions on the closing date of registration.
The application for registration is addressed to the Director General of the National Institute of Industrial Property by registered letter with notice of receipt no later than six weeks before the scheduled date for the first test.
It includes:
A request dated and signed by the candidate; for all candidates for the reference "Invention Patents", the request indicates the technical sector chosen for the tests in accordance with Article 9 and, for agents authorized to the EPO, the waiver of the exemption provided for in Article 8;
A copy of an identity document;
A copy of one of the diplomas referred to in Article R. 421-1 of the Intellectual Property Code or Article 1 of this Order;
A copy of the CEIPI diploma or the title recognized as equivalent by Article 2 of this Order;
A certificate attesting to the professional practice provided for in Article R. 421-5 of the Intellectual Property Code and issued by the person or persons qualified in industrial property under the responsibility of which or where it was acquired. The certificate describes the functions performed by the candidate during the professional experience and mentions the effective duration of the certificate; where professional practice has been acquired under the successive responsibility of several qualified persons, certificates must be issued for each corresponding period. The certificate of professional practice must be written in the form reproduced in the annex;
The rationale for the payment of the amount of participation in fees determined by deliberation of the board of directors of the National Institute of Industrial Property;
For candidates eligible for the previous session who wish to retain the benefit of this eligibility under the conditions set out in section 18, last paragraph, a request for that purpose.
The Director General of the National Institute of Industrial Property shall, four weeks before the date for the first test of the session, determine the list of candidates admitted to the suitability examination.
A summons for written examinations shall be sent to candidates not less than fifteen days before the date fixed for the first written examination. The summons specifies the date, time and place of the trials; it is accompanied by a copy of the rules of examination valid for the session.
The fitness examination includes written proof of eligibility and, according to the specialization, one or two oral examinations. For the examination with a view to the reference "Invention Patents", the authorized agents near the European Patent Office are exempted from the first written test, however, they may waive this exemption at the time of registration.
A. - For the examination for the reference to "Invention Patents", each of the written examinations has one subject in one of the following technical areas:
Mechanics, electricity;
Chemistry, pharmacy.
At the time of registration, the candidate opts for one of these technical sectors. However, it retains the possibility of dealing with a subject from another technical sector.
The oral test covers a subject belonging to the chosen technical sector at the time of registration.
B. - Written examinations shall:
The first, on the drafting of one or more protection requests under French law from a technical note on an invention;
The second, on the drafting of a note in the form of consultation or advice on the validity and infringement of a French patent or a European patent designating France or on the procedure for granting a patent by the National Institute of Industrial Property.
C. - The oral test consists of a presentation, followed by an interview with the examining board, on the acquisition and operation of a patent in France, including on the technical, legal and/or contentious aspects of a problem of validity, ownership and/or counterfeiting. During the interview, questions relating to professional ethics, the application of European or international conventions and community regulations and directives, as well as foreign rights established under the conditions of Article 13 may be raised.
Part of the documentation for the various tests specified in Article 9 may be written either in the English language or in the German language. A glossary of the main terms used in these documents is provided.
The examination with a view to the mention of "Marks, drawings and models" has the following content:
A. - The written tests are four and include:
1. The drafting of a notice on the validity and availability of a sign from the results of a search for prior rights under French law;
2. The formation of an opposition to a trademark application before the INPI or before the OHMI in the French language or the drafting of observations in response to such opposition;
3. Drafting a note in the form of consultation or advice on a practical problem of the law of distinguishing marks and signs, including domain names, and the law of unfair competition or parasitic acts in French and community law and international conventions and arrangements to which France is a party;
4. Drafting a note in the form of consultation or advice on a practical problem of the law of drawings and models, including copyright, French and community law and international conventions and arrangements to which France is a party;
B. - Oral examinations address the analysis and discussion of legal issues relating to the application of French law, international conventions, community regulations and directives and the main foreign rights established under the conditions of Article 13:
The first in terms of trademark law, distinguishing signs, including domain names, unfair competition and parasitic actions;
The second in terms of the rights of drawings and models, including copyrights; questions concerning professional ethics may be raised in the context of this test.
Members of the Examining Jury, composed in accordance with Article R. 421-6 of the Intellectual Property Code, are designated, for each specialization, by:
The first president of the Court of Appeal of Paris, for the magistrate president;
The minister responsible for higher education, for the university professor teaching private law;
The sticker of the Paris Bar, for the lawyer;
The Director General of the National Institute of Industrial Property for the four qualified industrial property.
An alternate is appointed for each member under the same conditions.
The Director General of the National Institute of Industrial Property establishes the composition of the jury for each session. In the event that the number of candidates justifies it, it may designate, in addition, specialized examiners from the above categories and having an advisory voice.
Members of the jury and specialized examiners are required to have a confidentiality obligation. No jury member or specialist examiner may serve more than five consecutive sessions.
The jury shall meet at least one month before the opening of each session, at the convocation of its president.
It determines the subjects of the tests, sets out the list of foreign countries whose legislation may be the subject of oral questions in accordance with the provisions of Articles 9 and 11 of this Order and sets out the rules of examination valid for the session.
In particular, the regulations decide on the list of works and documents that candidates may have during the tests and, as appropriate, set out the details of the material organization of the examination, including the dates of the written examinations and the schedule of oral examinations.
The Regulation shall be notified to the candidates in an annex to the summons. It is also displayed at the entrance of the exam room.
Copies of the written examinations are subject to double correction.
For oral examinations, the jury is review boards with three persons, including at least one of its members. The jury concludes the final notes on the report of the correctors and commissions.
Written tests are organized to ensure the anonymity of candidates.
The duration of the tests shall be as follows:
A. - For the reference "Invention Patents", the duration of each written test is fixed at five hours The duration of the oral test does not exceed forty-five minutes. A preparation time of one hour is granted to candidates before the oral test.
B. - For the mention of "marks, drawings and models", the candidate has a total duration of five hours for all written tests 1 and 2 and a total duration of five hours for all written tests 3 and 4. The duration of each oral examination is limited to thirty minutes. One hour preparation time is granted to candidates before each oral examination.
C. - Oral tests are public.
Test monitoring is provided by officials of the National Institute of Industrial Property designated for this purpose by the Director General. A jury member is present during the distribution of the subjects of the written examinations.
Applicants are required to comply with the examination regulations.
In the event of fraud, attempted fraud or violation of the review, the supervisor in charge of the examination room shall take all measures to stop the examination without interrupting the examination of the candidate(s). It seizes the documents or materials to establish later facts. It draws a report against the other supervisors and the fraud or attempted fraud or the offence. In the event of a refusal to countersign, reference shall be made to the minutes.
Sanctions may be imposed on the perpetrator of fraud, attempted fraud or offence by the jury sitting in disciplinary training. The jury is then complemented by the Director General of the National Institute of Industrial Property.
The sanctions that can be imposed are:
Exclusion of the current session;
Prohibition to be presented at the next session or at subsequent sessions.
All written and oral examinations are recorded from 0 to 20. Any rating equal to or less than 7 is eliminated.
A. - For the reference "Invention Patents", the written tests are uniformly affected by the coefficient 1.
The oral test is affected:
- coefficient 2 for candidates passing all tests;
- coefficient 1 for candidates receiving the exemption from the first written test.
B. - For the mention of "marks, drawings and models", all the tests, written and oral, are uniformly affected by coefficient 1.
Candidates who have obtained an average score of at least 10 at the written time are admitted to oral examinations. Candidates may retain the benefit of eligibility for the next session; the average of 10 is then assigned ex officio.
The list of eligible persons is made public on the website of the National Institute of Industrial Property as soon as the proceedings of the jury are completed. Applicants are informed in writing of their results.
A summons for oral examinations shall be sent to the declared candidates eligible for the written examination, at least two weeks before the date fixed for the opening of the oral examination. This summons specifies, for each candidate, the date, time and place of the test.
Candidates eligible for the written examination who obtained, after the oral test, an average of at least 10 out of 20.
At the end of the session, the jury shall determine the list of candidates received for the suitability examination and the Director General of the National Institute of Industrial Property shall register them on the list of persons qualified in industrial property provided for in article R. 421-1 of the Intellectual Property Code, with the corresponding specialization.
The suitability examination provided for in Article R. 421-8 of the Intellectual Property Code is organized for each specialization mention as part of the sessions provided for in Article 4 above. The general conditions set out in articles 3, 4, 5, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 of this Decree and the following specific conditions apply.
I. - The application package includes:
(a) In all cases:
A letter dated and signed. For applicants for the reference to "Invention Patents", the request indicates the technical sector chosen in accordance with Article 9 (A) of this Order;
A copy of an identity document;
A copy of diplomas, certificates or titles obtained;
A document of the authority that has issued the diplomas, certificates or titles certifying either that such training has been carried out at a university, a higher education institution or at another institution of the same level of training, with an indication of that duration of training, or that it is recognized in the Member State as being of equivalent level and confers in that State the same right of access to the profession or exercise of the profession;
A description of the content of the studies and the courses carried out during the training with the number of annual hours per subject for the theoretical lessons, the duration of the courses and the area in which they were carried out, delivered and certified by the training structure;
(b) For persons in a European Community country that regulates access to the profession: a copy of the diploma, certificate or title allowing the exercise of the profession;
(c) For persons in a European Community country who do not regulate access to the profession and for persons with a degree, certificate or title issued by a third country and recognized by a Member State:
A certificate from the competent authority of the Member State certifying the duration of the professional exercise with the corresponding dates;
A survey of permanent training courses, if any, with an indication of the content and duration of these courses;
(d) All documents must be delivered in French, if necessary after translation.
II. - The file is sent by registered letter with notice of receipt to the Director General of the National Institute of Industrial Property. The admission decision to undergo the suitability examination must be notified within four months of receipt of the application.
When the candidate's training is found to be substantially different from the one required in France, particularly in view of the requirement for a specific knowledge of national law, the director general of the National Institute of Industrial Property consults the jury. After the applicant's advice, he shall notify the candidate of the materials on which the suitability examination will be conducted, the nature of the written and/or oral examinations that he or she will have to pass and their program.
III. - The suitability examination includes:
Regardless of the specialization to which it is applied, an oral examination bearing, in the light of a practical case relating to the acquisition and exploitation of a title, on knowledge of civil law, civil procedure and commercial law - including competition law - French necessary for the practice of industrial property;
For the reference " Patents of invention", the drafting of a consultation on the validity and counterfeiting of a French patent or a European patent designating France or on the procedure for granting a patent by the National Institute of Industrial Property;
For the mention of "Brands, drawings and models", a test with:
The drafting of a notice on the validity or availability of a sign in French law based on the results of a search for prior rights, or a notice of opposition or response to an opposition in a trademark registration procedure before the National Institute of Industrial Property, or a consultation on the counterfeiting of a trademark in France;
Drafting an opinion on a practical problem of drawings and models law in France, including copyright.
The Order of 16 September 1993, amended by the Order of 9 October 1996, implementing the provisions of Articles 1st, 4 and 5 of Decree No. 92-360 of 1 April 1992 relating to the qualification and professional organisation of industrial property, is repealed.
The Director General of the National Institute of Industrial Property is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E
You can see the table in the OJ
n° 230 du 02/10/2004 text number 7
You can see the table in the OJ
n° 230 du 02/10/2004 text number 7
Done in Paris, September 23, 2004.
Minister Delegate to Industry,
Patrick Devedjian
Minister of National Education,
higher education
and research,
François Fillon
The Seal Guard, Minister of Justice,
Dominica Perben
