Information to be included on a patent
A patent describes the invention for which its author wishes to obtain a monopoly. When a patent is filed, the applicant must fully describe the technical solution concerned, but can then re-file one or more completed patents, notably with new examples, for one year after filing. This is known as the priority year. This patent is examined by theINPI to determine whether the invention is new and inventive.
The patent’s claims define the scope of the monopoly applied for, and must therefore be explicit enough to provide definite protection for the elements making up the invention. To protect against counterfeiting, the content of the patent formalizes all the elements that make it special. It is on this basis that you will be able to defend yourself with your patent lawyer.
When the patent is published, 18 months after filing, your application is revealed to the public. You thus participate in technical progress in your field. The patent is therefore also a scientific resource capable of supporting research, development and the birth of new inventions.
☞ Did you know?
By drafting your own patent, without any knowledge of the specific criteria used in the examination phase, you run the risk of having your patent application rejected even though the invention has been published in the public domain. The invention is therefore in the public domain and can be reproduced by anyone.
The patent attorney, your partner in protecting your invention
For assistance with the formalities and filing a patentTheINPI offers a list of industrial property attorneys (CPI) to help you prepare and draft your patent. CPIs are regulated professionals. They are subject to a specific code of ethics, identical to that of lawyers, which you can consult on the website of the CNPI (Compagnie Nationale des Conseils en Propriété Industrielle).
France’s 650 patent attorneys can represent you at INPI. Each patent attorney is an expert in a technical field (with a scientific background in computer science, biology, immunology, mechanics, etc.). This dual expertise enables the inventor to have the patent drafted in such a way as to successfully complete the registration procedure.
Consult the complete infographic on theanatomy of your patent costs here
Indeed, the INPI may reject the patent application. This is why the support of a patent attorney can save you time and money throughout the entire procedure. A personalized patentability study, for example, is one of the tools you can use to guide you towards the right formalities, depending on the maturity of your invention, or your personal situation(independent inventor, company founder, start-up, etc.).
With YesMyPatent.com, you can contact your local IP consultant in your technical field in just a few clicks
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The role of the patent attorney
A patent attorney is a professional specializing in patent law, with expertise in industrial property matters. Like the CPI, the patent attorney is entitled to represent you in proceedings to file a patent application with the INPI. However, the lawyer is not a patent attorney and does not generally have a scientific background. These two professionals have different backgrounds and training. As a general rule, the CPI acts alone in industrial property protection proceedings, then jointly with a patent attorney to defend you against an infringer.
- See our article Filing a patent: Choosing an IP attorney or a lawyer?
