Industrial property

Technical inventions - Patents

A technical invention is a technical solution to a technical problem.  It can be protected by means of a patent or a utility certificate. 

A patent is composed of a description presenting the invention, of claims and figures, if necessary.  Claims are the core of the patent: they define the protection that is claimed. In order to better distinguish the invention from the prior art, it is advisable to carry out a prior art search before filing a patent.

The protection is for a maximum of 20 years, subject to paying fees each year.  The French utility design is protected only for 6 years.

An invention is patentable when it is novel and involves an inventive step. 
THE PATENT APPLICATION MUST THEREFORE BE FILED BEFORE DISCLOSURE OF THE INVENTION!

Within a period of one year as from the filing of the French patent application, an extension of protection abroad may be requested. This extension can be made by filing a national or regional applications, such as a European patent application, which covers not only the countries of the European Union but also other countries such as Switzerland, Turkey and Norway.  It is also possible to file an international patent application that covers practically all countries in the world. At the end of the international phase, the patent application is treated as a national or regional application by the various national patent offices of the countries to which the international patent application relates. Contrary to what is commonly thought, worldwide or international patents do not exist.

The patent confers on its proprietor a monopoly of exploitation that enables him to authorise or prohibit certain acts by third parties.