Patents

What is a patent?

A patent is an intellectual property right that protects a technical invention. It gives its holder a monopoly on the exploitation of this invention for a limited period of time, up to 20 years (and even longer if a supplementary protection certificate exists for a medicine or a phytopharmaceutical product.).

For a patent to be valid, the invention it claims must be new, involve an inventive step and be capable of industrial application.

What can be patented?

Almost anything!

Provided that it is new, inventive (not obvious) and can be used in industry. In addition, it must be something concrete (not an aesthetic creation, nor a theory, discovery or principle without practical application) and not explicitly excluded by legal provisions (offence to human dignity, public order or morality).

Examples include:

An object (watch, golf ball, packaging, jeans…)
A product (chemical, biochemical, medicine…)
A method or process (mechanical, chemical, electronic, biotechnological…)

A few concrete examples:

FAQ patent filing :
All the answers to your questions

What is the difference between a patent, a trademark and copyright?

Patent: protects a technical invention (machine, process, innovative product).
Trademark: protects a distinctive sign (name, logo, slogan) associated with a company.
Copyright: protects a work of the mind (books, music, software, films, etc.).

Can an idea alone be patented ?

No. A patent protects a concrete invention, not just an idea. A detailed description of the invention and how it works is required.

How long does it usually take to obtain a patent ?

Around 2 to 4 years in France and Europe.
Up to 5 years or more in some countries.

Does a patent protect my invention worldwide ?

No. A patent is territorial: it protects the invention in the country or group of countries (region) where it is filed and granted.

What should I do if someone uses my invention without my authorisation?

Send a formal notice, then try to reach an amicable agreement.
If there is no agreement, bring an infringement action before a court to obtain damages or a marketing ban.

Can I sell or license my patent ?

Yes, a patent is a marketable asset. You can:
– Sell your patent to a company.
– Grant a license in exchange for royalties.

Can I use my patent even if it has not yet been granted ?

Yes, but doing so (generally) discloses your invention and, before the patent is granted, you do not yet have solid legal protection against potential copiers (infringers).

How do I enforce my patent ?

Monitor the market with specialised services.
Take legal action in the event of infringement.
File oppositions against competing patents.

How much does a patent cost internationally ?

Costs vary depending on the country and the scope of protection:

Europe: €10,000 – €20,000 for a European patent.
International (PCT): around €30,000 for protection in 5 to 8 countries and more for worldwide protection.

Is there any help available to finance a patent ?

Yes, there are several forms of assistance available:

Public subsidies (e.g. Bpifrance in France).
Regional and European grants.

What costs do I have to pay after obtaining a patent ?

Annual fees to maintain the patent in force (around €500 – €1,000 per year in France or Switzerland).
Translation and validation costs (if a European patent).
Defence costs in the event of litigation (infringement action).

What are the advantages and disadvantages of a patent ?

Advantages:

Legal protection against competition thanks to the monopoly conferred by the patent.
Potential source of income (licences, sales).
Enhances the value of a company (by becoming an asset).

Disadvantages:

High cost (filing, grant procedure and maintenance).
Procedure can be long and complex.
The invention is disclosed 18 months after the patent application is filed.

Patent or keep secret ?

If the invention can be easily copied, a patent is recommended.
If it can be kept secret (e.g. Chartreuse®, Bénédictine®, Coca Cola®…), industrial secrecy is preferable.

Can my patent be cancelled ?

Yes, a patent can be contested and annulled if :

It does not meet the patentability criteria.
Prior documents describing the same invention are discovered.
The invention was disclosed (scientific publication, presentation at a trade fair, public use, etc.) before the patent application was filed.
It does not sufficiently describe the invention.

What are the alternatives to a patent ?

Industrial secrecy: not disclosing the invention.
Copyright: for software and original creations.
Trademark or design: if the creation is mainly aesthetic.