2. What is the National Defense Exam? What happens if my patent is related to national defense?

On receipt of the application, INPI checks whether a filing date can be granted to the application: this is not an examination, but a simple admissibility check before submitting the application to the Ministry of Defense. Examination of the patent application cannot begin without prior authorization from the Ministry of Defense.

The aim is to enable defence authorities to assess whether the invention is of interest to national defence and, if so, to take appropriate action:

• license ex officio at the request of the Minister of Defense, subject to payment of royalties ( article L.613-19 du CPI );

• expropriation of all or part of the rights to the patent...