Patent

The invention patent is a title granted by a public authority, such as the INPI or the EPO. It confers on its holder an exclusive right to exploit an invention, limited in space and in time. In return, the applicant discloses the invention in the application, which must also meet certain conditions. The patentee may thus prohibit third parties from manufacturing, selling, importing or using the protected invention. The right applies to a given territory and lasts at most twenty years from the filing of the application.

The origin and function of the patent

Since antiquity, inventors have sought to protect their creations. Gradually, states granted the inventor a temporary exclusive right in exchange for the disclosure of the invention to the public. Those systems evolved into the modern patent. Today the patent encourages innovation, because it allows inventors to protect their inventions and profit from them. In exchange for this exclusivity, the applicant must describe the invention clearly and completely enough for a person skilled in the art to carry it out.

Obtaining a patent

The steps to obtain this protection are the following:

1. Search the state of the art. Before any filing, it must be verified that the invention is new and inventive. The search avoids unnecessary expense.
2. Draft the patent application. The patent application describes the invention clearly and completely. Instructing an industrial property professional increases the chances of success.
3. File the application. The applicant files the application with the competent office and pays the filing fees.
4. Have the application examined. The office verifies that the invention meets the conditions for grant.
5. Obtain the grant. If the office accepts the application, it grants the patent. The holder may then exercise its exclusive rights.

Patent professionals

Several professionals are involved in the protection of inventions, notably attorneys and industrial property counsels.

1. Attorneys. Attorneys advise and represent inventors and companies. Patent litigation attorneys mainly help their clients enforce their patents against infringement. They also defend them, or help them clear invalid patents that block market entry through a nullity action. They further advise on the attribution of employee inventions. Finally, they draft patent contracts, notably licences and assignments.
2. Industrial property counsels. These professionals specialise in the protection of industrial property, including by patent. They assess the patentability of an invention, then draft and file the applications. They also monitor competing patents and advise on intellectual property strategy. They often have a scientific or technical background, which helps them understand the inventions they protect.