Patents Laws in Saint Martin (France)
Here’s a summary of Patent Laws in Saint Martin (French part):
📚 Governing Law
Saint Martin (the French overseas collectivity) follows the French intellectual property legal framework.
Patents are governed by the French Intellectual Property Code (Code de la Propriété Intellectuelle).
As part of France, Saint Martin’s patent system is integrated with the European patent system.
🏛️ Regulatory Authorities
National Institute of Industrial Property (INPI), France
Website: https://www.inpi.fr
European patents can be validated in France through the European Patent Office (EPO).
🔍 Patentable Inventions
Inventions must be:
Novel
Involve an inventive step
Be industrially applicable
Patentable inventions include:
Products
Processes
Chemical compounds
Biotechnological inventions (subject to specific rules)
🚫 Non-Patentable Inventions
Excluded are:
Discoveries, scientific theories, and mathematical methods
Aesthetic creations
Methods of medical treatment and surgical methods
Plant and animal varieties (except microbiological inventions)
Inventions contrary to public order or morality
🕒 Patent Term
Patents are valid for 20 years from the filing date.
Annual fees must be paid to maintain the patent.
📝 Application Procedure
File patent application with the INPI.
The application must contain:
Description
Claims
Abstract
Drawings (if needed)
INPI conducts formal and substantive examinations.
Once granted, the patent is published.
European patents can also be validated in France and apply to Saint Martin.
🌍 International Treaties
France (and thus Saint Martin) is a member of:
European Patent Convention (EPC)
Patent Cooperation Treaty (PCT)
Paris Convention
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
💵 Fees
Filing fees
Search and examination fees
Grant and publication fees
Annual renewal fees
✅ Additional Notes
Patents granted by France or the EPO are fully enforceable in Saint Martin.
The French system offers a well-established, robust patent framework with options for accelerated prosecution.
You can file patents directly via INPI or through the European Patent Office.
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