Decree of 30 June 2026: Key Changes to INPI Procedures

Decree No. 2026-576 of 30 June 2026, published in the Official Journal on 1 July 2026 and effective from 2 July 2026, forms part of the continuing modernisation of INPI procedures.

By amending around thirty provisions of the French Intellectual Property Code, it simplifies a number of procedural formalities and modifies certain rules that have a direct impact on applicants.

A New Definition of SMEs for Eligibility for Reduced Fees

The eligibility criteria for reduced official fees have been aligned with European Union rules.

The employee threshold has now been lowered to 250 employees, compared with 1,000 previously. At the same time, the request for the reduced fee must now be made when filing the patent application, rather than within the following month.

Companies concerned should therefore ensure that this formality is completed when preparing their patent applications.

Better Protection of Personal Data

In order to comply with the requirements of the CNIL (French Data Protection Authority), the personal addresses of individual applicants will no longer be published in the INPI registers or in the Official Bulletin of Industrial Property (BOPI). This information will also no longer appear on the DATA INPI website. The protection of personal data represents a step forward for applicants. It brings their position into line with that of individuals entered in the National Business Register (RNE). Their full contact details (full postal address, email address) will no longer be available. It will therefore be less easy to contact applicants directly, for example for the purpose of sending a letter before action.

This measure further reinforces the usefulness of appointing a representative to file an application.

End of Most Fee Refunds

The Decree abolishes the refund of fees collected by the INPI as previously provided for in the French Intellectual Property Code, with the exception of the search report fee, which will remain refundable if the procedure for establishing the search report has not been initiated. This new rule applies to all applications filed on or after 2 July 2026.

Filings should therefore be prepared with even greater care, as discontinued or inadmissible proceedings will no longer give rise to refunds.

INPI Notifications Become Fully Electronic

From now on, all notifications from the INPI will be sent electronically.

Users will receive an email inviting them to consult their personal account on the INPI e-Procedures portal. Where no email address is known, notification will instead be made through publication of a notice in the Official Bulletin of Industrial Property (BOPI).

The end of paper notifications calls for increased vigilance:

-keeping the email contact details of applicants and their representatives up to date;

-monitoring the INPI e-procedures portal on a daily basis.

Simplified and Harmonised Procedures

The Decree also introduces a number of measures to simplify procedures, including:

• extending the decision period for trade mark opposition, invalidity and revocation proceedings to four months (instead of three), thereby aligning it with patent opposition proceedings;
• the possibility of remedying inadmissible trade mark oppositions;
• removing the requirement to provide a copy of an earlier application when claiming internal priority, as these documents are already held by the INPI;
• shortening the period for filing third-party observations in respect of utility certificates: previously open until grant, it is now limited to three months after publication, as for patent applications; the applicant’s three-month period for responding may now be extended once, upon request;
• allowing broader amendments to a patent during opposition proceedings, with amendments now being permitted until the end of the oral stage of the opposition proceedings, subject to an adversarial exchange;
• patent abstracts will now be prepared by the INPI, rather than merely formatted by it;
• discontinuing the printing of patent specifications as part of the wider digitalisation of exchanges between applicants and the INPI.

Key Takeaways

This reform forms part of the continuing modernisation of INPI procedures initiated several years ago. While it simplifies many procedures it also requires applicants and the professionals assisting them to exercise greater vigilance.

Our teams remain available to answer any questions you may have about the impact of this reform on your IP rights or ongoing proceedings. Please do not hesitate to contact your usual point of contact at Beau de Loménie.