To protect your invention, secrecy is a crucial factor in the patentability criteria. The technical solution you wish to patent must not have been the subject of any public communication in order to be patentable. Too premature a disclosure therefore creates the risk of being overtaken by a third party. In February 2019, the French Senate addressed IPC confidentiality.
Industrial property attorneys and the obligation of confidentiality
Confidentiality is essential to guarantee the patentability of an invention. In fact, any disclosure made before the patent is filed means that you are no longer able to protect your innovation. That’s why, in your dealings with your patent attorney, all communications and documents are subject to professional secrecy, just as they are with your lawyer. To put it simply, you don’t need a confidentiality agreement signed by your patent attorney to ensure that the information you communicate to him or her will be kept secret. The same applies to communications with a colleague or lawyer concerning your project.
Recent discussions on this subject in the French Senate’s PACTE law have reiterated that the confidentiality of correspondence between IPCs and lawyers must be respected in the same way by both professions, but above all have led to the adoption of an amendment introducing the possibility for IPCs to formalize their correspondence with other IPCs or lawyers (with the word “Official” appearing on the letter). Already conceivable between lawyers, these official letters have the particularity, unlike conventional correspondence covered by the professional secrecy discussed above, of being excluded from confidentiality, and can therefore be presented as evidence before a court in the event of litigation. Use them wisely!
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How can I ensure confidentiality with my other contacts?
For partners who are not bound by professional secrecy regulations, business secrecy regulations should in principle protect you. However, you won’t have any proof. Without tangible evidence that you are the originator of an invention. Even if a Soleau (or electronic Soleau) envelope enables you to time-stamp the elements relating to your project, it is not necessarily possible to make a deposit at every stage of progress.
Requesting an NDA (Non Disclosure Agreement) or confidentiality agreement is essential. As a framework for relations with a financial partner, supplier or partner, this document protects all parties. The risk of not signing an NDA? Getting double-crossed by a partner because you’ve said too much!
YesMyPatent ensures the confidentiality of your projects
All communications exchanged via the YesMyPatent online patent filing platform are subject to professional secrecy. We ensure the encryption and security of all exchanges, without exception. To file your patent in 3 clicks, your expert is an INPI-accredited industrial property attorney and European patent attorney. Have your patent drafted by a patent attorney specialized in your technical field. YesMypatent saves you time by providing you with rare expertise to protect your invention.
