Even though there are common rules for industrial property law in the various countries, only the offices (at national level) are able to issue titles: patent, design and model, utility certificate, provisional patent. However, for many years, French patents were considered by professionals to be of lesser quality. On Forbeswe were already talking about a future with a more attractive French patent.
French-style invention patent criticized
A patent is an industrial property title valid at national level. When you only had a French patent, i.e. one that met the patentability criteria required by theINPI alone, the inventive step criterion was not mandatory for the invention.
For this reason, it was not uncommon to hear it explicitly stated that the French-style patent did not guarantee the truly innovative nature of an invention, compared with a European patent, for example. Indeed, for many players, having a patent enables them to convince others of their R&D and establish their legitimacy in their market. Having a patent, for example, directly increases the financial value of your company, and is a guarantee of competitiveness. Investors are particularly attracted by this argument. However, a patent for which the inventive character has not been verified is not as attractive!
Read more: Patents, a powerful argument for fund-raising.
Some companies have opted to apply for a European patent, for example, to benefit from a higher-value patent. In this case, protection is extended to several countries, and therefore to a larger territory than France. An interesting advantage for international development projects!
However, for smaller companies planning to operate solely in France, or not wishing to use the European patent system, obtaining a French patent was less attractive. The French patent has taken on the reputation of being an easy-to-obtain industrial property title.
The introduction of the criterion of inventive step in France changes the situation.
Patent application procedure: what’s in it for you?
We can expect the introduction of the inventive step criterion to result in a lower patent grant rate in France. Simply because the criteria for patentability will be more demanding, it will be less simple to obtain industrial property title.
Similarly, the cost of the procedure is likely to increase.
Indeed, additional time will have to be devoted to responding to the search report. The back-and-forth between INPI, the patent applicant and the patent attorney will certainly be greater. This will have a mechanical impact on the fees invoiced by the patent attorney. We can also expect an increase in INPI fees in the coming months or years to compensate for the extra workload for examiners.
Why should obtaining a patent be more expensive than before?
When you apply for a patent, you must pay a fee which covers, among other things, the search report, including an opinion on the patentability of the invention.
This document is invaluable, as it gives you the Examiner’s opinion on the inventive step criterion. Previously, even if you received this document, the CPI did not have to respond to objections of inventiveness, only to those of novelty, in order to obtain a granted French patent. These inventive step criteria were nevertheless analyzed. It is on this basis that the CPI is able to advise you on the patentability of your invention, and the extension of protection abroad.
When applying for a European patent or PCT procedure, it was already necessary to respond to reports based on the criterion of inventive step. Not being obliged to respond was a French exception.
Higher procedural costs for a better-recognized patent
While tightening the criteria for granting a patent will make the procedure more restrictive, it is clear that it will also lead to a stronger, more internationally recognized patent.
The additional cost generated by the introduction of the inventive step criterion should be seen in hindsight. A better-recognized patent also takes on a whole new value. It seems obvious that investors, financial partners and your customers will be all the more attracted by your patent portfolio.
More than a title to a market monopoly, a patent is a genuine guarantee of innovation.
