The creation of an innovative company is a project in which you invest yourself fully. It’s natural to want to give your company every chance of success. Are you worried that a competitor will overtake you in your ambitions, or that the surprise effect you’ve been planning for your public will fail? Here’s an overview of the legal steps you can take.
Foreword on intellectual property and industrial property
The law does not protect ideas per se. Even if you believe in good faith that you are the first person to have made an invention, or created an original name and logo, you can only obtain a monopoly on it, and prevent others from exploiting it, by carrying out certain procedures. In this sense, registering a patent enables you to seek protection for a technical solution in an industrial application. Similarly, registering a brand name with the INPI allows you to reserve the use of certain words in commercial contexts. So take steps as soon as possible to protect your idea! If you speak publicly about your invention, or present it at a trade show, it is no longer patentable. So don’t reveal the secrets that make your product so special too soon, until they’ve been protected!
The confidentiality agreement: control communication around your idea
Commonly referred to as the ” NDA ” for “non-disclosure agreement”, the confidentiality agreement is a binding contract between business and non-business partners. This non-disclosure agreement provides a legal framework for keeping secret any exchanges you may have with your business contacts.
Some of the professions you will be calling on to help you with your projects are automatically committed to secrecy. If in doubt, consult their terms and conditions before proposing your contract, so that you can begin discussions with peace of mind. Industrial property attorneys are bound by the same professional secrecy as lawyers. That’s why YesMyPatent. com’s online patent filing service is committed to confidentiality and security when you create your account, and because it’s a service provided by anINPI-approved patent attorney firm, the confidentiality of exchanges with experts is guaranteed, without the need for an NDA!
On the other hand, it’s not necessarily advisable to systematically offer the signature of the NDA to every new contact. In fact, depending on the relationship you have, and the nature of the project and the information disclosed, you run the risk of communicating unjustified mistrust in certain situations. In this case, be careful not to divulge any confidential information about the invention or your project.
Filing an electronic Soleau Envelope is a complementary procedure that enables you totime-stamp the results of your research work. However, unlike a patent, this does not give you a monopoly on these results, nor does it allow you to prohibit others from exploiting them, or even to file a patent on them.
Got an idea? patenting to protect your innovation
A patent is an industrial property right that enables you to protect a technical solution. The patent is a national title, but you can also file an international patent application(PCT) to file patent applications abroad, or opt for the European patent to target the European Union (and even beyond, as Switzerland and Turkey are part of the European patent countries).
Technically, we can’t say that a patent protects your business idea. However, a patent protects the innovative solution that is exclusive to your company, and that makes it a major player in its market.
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The research tax credit, or JEI status, enables you to benefit from financial assistance for the fees of an industrial property attorney. You can therefore benefit from the skills of a patent law professional specialized in your technical field, for the drafting of the patent, and all the procedures involved in filing, right through to obtaining the title. Our fees are eligible for a 30% research tax credit!
In whose name is the patent registered?
The inventor is always a natural person. It is the patent applicant who becomes the owner of the patent for a period of 20 years after filing. The applicant may be a natural person (usually the inventor), or a legal entity (usually the inventor’s employer).
A patent application can be filed by several people, for example when it is the fruit of a collective effort. In this case, a representative, such as an IP attorney, must be involved in the INPI procedure.
Filing a patent application is also open to legal entities. In this case, a company can be the patent owner, while the inventor is a natural person.
When you need to exploit an invention described in a patent, even though you don’t own it, you need an operating license. When the company owns the patent, it becomes an asset, adding financial value to the company. This is an excellent long-term strategy.
On the other hand, when the patent is held by a partner or shareholder, the latter may have made a contribution to the company’s capital with the title. This contribution in kind is assessed by a contribution auditor and an industrial property professional. Even if this is an option when you’re in the process of setting up a company and registering a patent, making a contribution in kind or granting a license to your company must be carefully supervised. It is a way for the patent owner to receive remuneration, for example in the form of royalties, in addition to his or her salary as a manager, and can lead to misuse of company assets.
When it comes to registering your patent, an industrial property attorney will advise you on how to protect your invention, your interests and the interests of your company. When your business idea is based on an innovation that sets your product apart, it’s essential to make the right choices to ensure the long-term future of your entrepreneurial project.
