The intellectual property

Definition

Intellectual property is the set of exclusive rights granted to intellectual creations. Its objective is to protect a creative effort and the investment made to give birth to this creation.

Intellectual property includes 2 categories:

Industrial property:

- Patents (protection of an invention)

- Trademarks (protection of a distinctive sign of a good or service)

- Designs and models (protection of aesthetic creations)

Literary and artistic property:

- Copyright (protection of a scientific book, publication, software, etc.)

- Neighboring rights (protection of a database, protection of the works of performers, producers of photograms and videograms)

Want to know more? "what is the intellectual property?"

The patent

The patent is an industrial property title which confers  the holder an exclusive right for 20 years on the patented invention and on a given territory. A patent is granted subject to disclosure and upon payment of royalties. This monopoly allows the holder to prevent a third party from using the invention and to assign the rights to use this patent (assignment of an operating license).

Note that unlike a discovery, an invention is a new method, technique or means by which it is possible to solve a given practical problem. When an invention has a market, it is called an innovation.

Want to know more? "The patent"

Patentability criteria

For an invention to be patentable, it must meet the following 4 criteria:

1. Novelty: no public document describing the invention must exist (publication, patent, etc.). Otherwise, the invention is no longer considered new and protection cannot be obtained. It is therefore advisable to carry out a prior art search before filing a patent.

Here are free databases listing registered patents: http://fr.espacenet.com; https://www.wipo.int/patentscope/en; https://www.google.com/?tbm=pts

2. Inventive step: the invention must be the result of a real creative effort.

3. Susceptibility of industrial application

4. Technical solution to a technical problem

Want to know more? "the patenting criteria"

Who owns the patent?

In France, the patent holder/applicant is always the employer. The employee at the origin of the invention remains the inventor, he appears on the patent and is of course paid when rights of use on the patent are given but he is not the patent holder. Any invention by an employee must be declared to the employer by means of an invention declaration.

Want to know more? "the inventor is an employee"

Patent filing procedure

The filing of a patent is done in 4 main steps:

1. Filing with the National Institute of Intellectual Property (INPI): the document includes in particular the name of the holder, those of the inventors as well as the claims (characteristics) of the invention. Drafting a patent requires technical and legal skills, which is why the support of an intellectual property advisor may be necessary.

2. Examination: during this stage, examiners verify that the 4 patentability criteria are met.

3. Grant: if the patentability criteria are met, the patent is granted.

4. The opposition phase: it takes place when a third party opposes the patent.

Want to know more? "Patent filing procedure"

During this procedure, the holder can also choose to file the patent internationally.

In addition, the first filing can also be made directly at European level with the European Patent Office (EPO) or at international level with the World Intellectual Property Organization (WIPO).

Want to know more? "Protection abroad"

Devices other than patent

Other devices less restrictive than the patent can also be used:

- The provisional patent application: Created in 2019 by the PACTE law, it allows the applicant to take advantage of a priority date and to subsequently detail his claims, within a maximum period of one year. The applicant may also choose to abandon his application at the end of the period if it no longer meets his needs.

Want to know more? "The provisional patenting"

- The utility certificate: Since the PACTE law, the duration of the utility certificate has increased from 6 to 10 years. This title deed does not require any prior-art search and can be transformed into a provisional patent application.

Want to know more? "the utility certificate"

Sources : INPI : comprendre la propriété intellectuelle ; La propriété intellectuelle et la valorisation de la recherche ;  INPI : Loi pacte : La propriété intellectuelle s’adapte aux nouvelles attentes des entreprises  ; Alexandra Carrel, Emmanuel Poteaux (6 mai 2021), Webinaire propriété intellectuelle & négociation d’une licence, Consortium DeepEst