To make sure that everything is done properly and that you can communicate about your innovation, call on the services of an Industrial Property Attorney.
Communicating innovations subject to industrial property rights is a subject not to be taken lightly. Talking about your invention can help you attract partners, but you must be careful not to reveal too much. If you reveal your invention before filing the patent, it will be rejected. What’s more, your patent application contains sensitive information: a detailed description of your invention, the technical features of your product, its practical application, etc. And, for 18 months after filing the patent application, this information remains secret to give theINPI time toanalyze the invention’s patentability.
Finally, once the procedures have been completed, you may be tempted to mention “Patented” on your product packaging. But make sure you do it properly, as an erroneous mention can be considered misleading for consumers and condemned in court!
When can you start communicating about your invention?
| Mention | What this means |
| Patent application, patent filed, patent in progress, patent applied for (Patent pending or Patent filled) | You have filed a patent application with INPI. You can use this term between the date you file your patent application and the date it is granted. This does not mean that the patent has been or will be granted. |
| Patented, Patents | Your innovation is now protected by an issued patent of which you are the owner. The claims define the legal framework of the protection. |
| Provisional patent application (Demande de brevet provisoire ) | For an invention for which a provisional patent application has been filed. The system will be available in France from July 1, 2020. |
While it’s important to communicate about your innovation, you need to do it at the right time and with the right words. They are legally binding!
Once the patent application has been filed with INPI, you must wait for the authorization to disclose, which is usually received between a few days and a month after filing. You can then mention terms such as “patent application filed”. Once you’ve been granted a patent for your invention, you can refer to it as a “patented” product. Don’t forget that the date from which your innovation is protected is the date on which your patent was filed.
Please note that if you communicate publicly about your innovation BEFORE you have filed a patent application with INPI (Institut National de la Propriété Industrielle), it will no longer meet the novelty criterion. As a result, you will no longer be able to obtain a patent for your invention. Sharing information in a non-confidential manner, either orally or in writing, is tantamount to creating prior art, even if you, the inventor, are the source of the disclosure.
You have three options:
- BEFORE filing the patent: If you need to tell potential partners about your idea, you can. As long as you use a confidentiality agreement.
- AFTER patent filing and BEFORE patent publication, i.e. 18 months after filing your patent application: it’s best to use a confidentiality agreement.
- AFTER the patent has been published, you can talk freely about what it contains. In any case, it is accessible to all on public patent databases.
Once your innovation has beenpatented, you can use the word “patented” in your sales pitch.
The Estée Lauder brand communicates the duration of the exclusivity of its patent to mark the duration of the exclusivity of its technology.
COMMUNICATE ON ITS MONOPOLY?
Case study available in our White Paper: Cosmetics & Innovations
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What wording should be used when filing a provisional patent?
From July 1, 2020, companies will be able to apply for a provisional patent. This intellectual property title will be valid for 12 months only, unless it is converted into a “regular” patent application. It will then have to meet the same conditions of patentability as a regular patent, for a validity period of 20 years. The exclusivity granted will therefore start on the date of filing of the provisional patent application.
However, a provisional patent does not entitle you to use the term “patented” during its year of validity. You will need to use the term “provisional patent” or “provisional patent application”. The former is rather an abuse of language, although we can expect to be exposed to it on a regular basis.
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