Patenting

As defined in intellectual property, patents protect a technical invention, a product or process that provides a new technical solution to a given technical problem.

Indeed, you may not protect an idea with a patent! Only the technical resources implemented to materialize the idea may be protected.

Interest

By registering your patent with the INPI, you obtain exclusive rights on the territory for a maximum of 20 years.

You are the only one who can use it and you may prohibit any exploitation (use, manufacture, importation...) of your invention without your authorization. You may sue counterfeiters in the courts.

Patents strengthen the value of your firm: more than a performance indicator, patents constitute an element of your intangible assets, which may be valued and ceded.

They provide you the means to win over new markets through registrations abroad and licensing.

With a patent you secure a return on part of the research conducted and generate income.

Constraints

The invention must be new, that is it must not cover an invention that is already accessible to the public, regardless of the author, date, place, means, and form of said presentation to the public.

Consequently, until it is registered, you must maintain absolute secrecy regarding your invention.

The invention must be susceptible to industrial application; it must be manufacturable or usable regardless of the industry type.

Finally, the invention must involve inventive activity; it must not be the obvious result of techniques known to “persons skilled in the art.”

Some creations may not be protected by patent since they do not fulfill the definition industrial property assigns to an invention. For example, this may be discoveries, drawings, principles and methods, software, and computer programs alone.

Patents make the invention public while protecting them. The counterpart to the exclusive right the patent accords is the publication of the information it contains, 18 months after registration.

Precautions

In order to obtain a patent on an invention, you must register it with the INPI.

To maintain your exclusive rights to your patent, you must pay a renewal fee every year.

If you are an employee and you have developed an innovative product, you have specific rights and obligations.