How to define a patent?

The patent covers an invention and gives a monopoly on the invention operating for some time, usually twenty years. Any person or entity may file a patent.
The inventor must also be mentioned in the patent.

To be patentable, an invention must be novel, involve an inventive step and industrial application. (Article L.611-10 of the Intellectual Property Code).

A new invention is called when not included in the "state of the art".
Now the state of the art consists of everything made available to the public by any means whatsoever prior to filing the application. We must keep the invention secret until the day of application, if the disclosure to a third party is necessary, then there should be confidentiality agreements.

The invention must involve an inventive step, ie it does not result from a tradesman in an obvious manner the state of the art. It is therefore an assessment in abstracto, in view of a man of the technique normally competent, experienced, with knowledge of the entire state of the art in question.
It can hardly be sure of the novelty and inventive step of an invention, it may be necessary

"An invention is considered industrially applicable if it can be made or used in any kind of industry including agriculture." (Article L.611-15 of the Intellectual Property Code)

Are patentable, industrial processes, biotechnology products, chemicals ...
Are not patentable scientific discoveries, creations, computer programs, animal breeds ...

The patent provides a monopole, a sort of ownership of the invention. However, this monopoly is limited to 20 years.

The procedure of patenting is a formalist. The wording of the request must be careful, it is necessary to call a professional because you have an accurate description of the invention and claims which will focus on the industrial property rights. Once drafted, the application is brought to the INPI. It is advisable to proceed with a preliminary prior art search to ensure there are not already a patent on an invention similar or identical. The INPI will check the admissibility of the application before granting a filing date. Then it will verify the conditions of form and substance.
A research report will be established to assess the possibility of patenting the invention.
The patent application is published within 18 months in the Official Bulletin of Industrial Property if possible accompanied the research report.
Once the patent issued, any person can learn, but it can not implement it, unless it receives a license from the patent holder.

The patent may be extinguished by such revocation in the event of objection by a third party, or for non-payment of annual fees. But the principle is the passage of 20 years from the date of filing.

 

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