When you decide to apply for a patent, it’s important to be aware of your commitments and rights. As a title of industrial property, a patent grants you a 20-year monopoly from the date of filing. So the duration of a patent is 20 years. A few clarifications are in order.
A patent is valid for 20 years.
The patent in 3 clicks!
Patent protection accessible to all with your INPI & EPO-accredited IP advisor.
How long does it take to obtain a patent?
The granting of your patent byINPI determines its validity. In fact, filing a patent does not mean obtaining it. In fact, it’s a misnomer to say that a patent application has been filed. Subject to examination, it may well be rejected if it does not meet the criteria laid down by the Institut National de la Propriété Industrielle (INPI).
The time taken between filing and granting a patent averages 27 months. Since December 22, 2012, it has been possible to reduce this time to 20 months, thanks to a fast-track procedure set up by INPI.
That’s why it’s all the more important to file your patent early. The long wait for a patent means that your filing date is proof of anteriority. If a competitor files a patent application after you, you’ll benefit from first refusal, even if it hasn’t yet been granted. The right to a monopoly on the invention belongs to the first to file the patent, not the first to invent it.
When is the patent valid?
A granted patent means that the invention has passed the INPI examination and been declared patentable. From then on, the patent holder has a monopoly on his invention, in the territory covered by the patent, for 20 years from the date of filing. He can therefore take counterfeiters to court and obtain the withdrawal of counterfeit products and damages.
Once INPI issues the patent, it is valid retroactively from the filing date.
This is an important subtlety! If your patent application is still being examined by the INPI and you notice infringements by a competitor, you can file an infringement action in court, but the Judge will put the case on stand-by (we say “sursoit à statuer”) while waiting to see whether or not the INPI grants the patent.
As a result, your patent is valid for 20 years from the date of registration of your patent application, and only the granting of the patent gives you a monopoly on the invention. This applies even if it took several years to obtain the grant.
Finally, for the duration of the examination procedure, and then after the patent has been granted, you must pay an INPI fee called an annuity every year on the anniversary of the filing date. Note that if you are not up to date with your annuity payments, the patent is no longer in force and falls into the public domain. This prevents unused inventions or inventions that no longer interest their owners from being monopolized for 20 years.
What happens after 20 years?
With a patent, you control the monopoly on theexploitation of your invention. You are free to exploit it as you see fit, through licensing or by selling your own products. Thanks to this industrial property title, you are also in a position to defend yourself in the event of counterfeiting.
At the end of the 20-year period, the patent falls into the public domain and everyone is free to exploit the invention.
After 20 years, the granted patent falls into the public domain.
Our advice!
Don’t hesitate to apply for a patent, even if you don’t think your invention is 100% mature. In fact, the time you need to wait until your patent is granted will allow you to develop your prototypes. By the same token, it’s a good idea to complete your formalities as early as possible, because if you make your invention public by marketing it or presenting it at a trade show, it will no longer be patentable.
How much does your patent cost? Determine in detail the budget required to file your patent in France and abroad.
