A concept is a general idea that defines an object, or allows us to mentally represent that object. The term “concept” is frequently used in the world of entrepreneurship to designate a product idea, a business model, or simply an innovation. Patenting your concept is an attractive option, as the industrial property title of a patent is advantageous in many respects. But is it possible in practice?
Your concept is subject to patentability criteria
Not every idea leads to a potential patent.
There are a number of criteria that determine whether or not a concept is patentable. The very first criterion is that it must be a technical invention. There are areas where patent protection is not possible, as in the case of recipes, or even prohibited, as in the case of surgical procedures. To find out the potential of your idea, we recommend you consult our free online questionnaire. With just a few clicks, you can at least find out whether your concept falls within the most common criteria excluded from patentability, before contacting one of our IP attorneys for further clarification.
Is a patent the right title for you?
A patent is an industrial property right that applies to technical solutions, and gives rights to its holder. The holder enjoys a 20-year monopoly. In France, theINPI (Institut National de la Propriété Industrielle) is responsible for patent procedures and examinations. It is with INPI that formalities must be carried out. The role of patent attorneys (CPI) is to support inventors and patent applicants throughout the process, from drafting the patent to issuing the title and defending it against infringers.
For a short-lived invention, which is subject to rapid obsolescence for example, a utility certificate is an interesting alternative. The criteria for granting a utility certificate are identical to those for a patent, but the duration of protection is only 6 years.
It should be noted that the PACTE law announces an extension of the useful life of utility certificates to 10 years, and the possibility of transforming them into patents. The precise terms and conditions remain to be defined.
Information on the PACTE Act
Updated on 20/01/2020
The PACTE Act has extended the validity of utility certificates from 5 to 10 years. For utility certificate applications made on or after January 11, 2020, they can be transformed into patent applications up to the technical preparations for publication. This takes around 16 months from filing. Costs (search fees, prior art search, IPC fees) are to be expected for this new procedure.
I want to apply for a utility certificate
3 points to remember about patenting an invention
- The patent is a national title
- Filing a patent application does not necessarily lead to obtaining a patent
- The 20-year monopoly is obtained through compulsory annuity payments.
Concept, idea, product, solution… can you register a patent?
Patent law does not protect an idea in itself. Rather, it protects the technical characteristics of the idea, which must be a new, inventive and industrially applicable invention. In this way, the wording of the patent allows the concept to be fully defined and described. It is the unique characteristics of the technical solution submitted that are eligible for patent protection. So, while the simple concept of “foldable skis” may not be patentable, the full description of such skis, including technical details of the folding means used, may be.
The IP attorney ‘s experience enables him to tell you whether you are still at the concept stage or whether you already have a patentable invention in your hands. The right to a monopoly on an invention belongs to the first to file a patent, so it’s better to find out too early than too late! A monopoly on the exploitation of an invention also enables the patent holder to offer a license to third parties who may also wish to exploit the invention, in return for payment of royalties.
