Patent Applications in French Guiana:
A copy of the specification, claims and abstract in French.
The full particulars of both the applicant and the inventor.
A deed of assignment if the assignee applies.
A certified copy of the basic application, if priority is to be claimed.
Simple signed Power of Attorney
French Guiana National Patent Filing
The patent application can be filed in any language but a French Guiana translation is required within two months following receipt of a Communication issued by the French Guiana Patent Office (INPI) shortly after the filing date.
It is possible to obtain a filing date even if no claims are filed. However, the applicant is then invited to file claims.
A filing date can be obtained by mere reference to an earlier-filed application in a Paris Convention country, provided that the country, number and filing date of the earlier application are provided to the French Guiana Patent Office.
However, within four months the applicant must submit a certified copy of the earlier patent application and its translation into French Guiana.
The inventors must be designated no later than 16 months after the application date or the (earliest) priority date.
If the priority of an application filed abroad is claimed under the Paris Convention the French Guiana application should be filed within 12 months of the earliest priority date and the date and country of the priority application(s) should be submitted at the time of filing the French Guiana application.
A certified copy of the priority application must be filed within 16 months of the earliest priority date, together with an English (or French Guiana) translation of the front page, but no additional translation is required.
A formal examination is carried out by the French Guiana Patent Office before a prior art search. In this process, compliance with formal requirements is checked (e.g. adequate support for the claims in the specification). Also, it is determined whether the claims are clear and cover only one invention, and whether the claimed invention is patentable subject matter.
The search fee must be paid upon filing or within a time limit of 1 month from the filing date. Late payment (with surcharge) is possible within two months following receipt of an official communication in this respect.
Publication of the Application:
All French Guiana national patent applications are published 18 months after the filing date or the (earlier) priority date. Early publication can be requested. In case the preliminary search report is issued after publication of the application, said search report is published separately.
Observations by third parties:
Third parties may file observations within 3 months from publication of the preliminary search report. Anonymous observations are not accepted.
Substantive Examination and drawing up of the final search report:
Substantive examination is carried out based on the prior art cited in the preliminary search report, possible third party observations and response(s) made thereto by the Applicant. A final search report is then drawn up by the Examiner, in which documents deemed relevant for assessing inventive step are identified separately from documents related to background art.
When the final search report is drawn up, the Applicant is invited to pay the grant and printing fees. The granted patent is published with the final search report, so that the public is informed whether some documents are believed by the Examiner to possibly affect the validity of some claims. No opposition procedure is provided for in the French Guiana Patent System.
An annual maintenance fees need to be paid each year.
Trademark Law in French Guiana
Legal basis is the Industrial Property Law of January 4, 1991.
Trademark protection is obtained by registration (except famous trademarks).
With French Guiana being a member of the Paris Convention for the protection of industrial property, pursuant to Article 4, priority right can be claimed.
Nice classification, 11th edition
Trademark Registration Proceedings in French Guiana
The application is filed at the National Institute of Industrial Property (INPI).
-Multiple-class applications are possible.
-The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired through a longstanding use at the date of filing.
-Trademarks are published twice in the official Gazette. The application is first published for third-parties opposition purposes. After registration, the trademark is also published.
The processing time from first filing to registration or first office action is approx. 4 to 6 months.
National Opposition Period
The opposition period is 2 months after publication of the trademark application.
A trademark registration is valid for 10 years from the date of application. The registration is renewable for periods of 10 years. The renewal period is 12 months before the expiry date.
French Guiana Trademark Applications requirements:
Name, nationality, address and legal form of the applicant.
Prints of the mark.
The goods and/or services to be covered.
If priority is to be claimed, we need a certified copy of the priority documents.
Simple signed Power of Attorney