Many entrepreneurs and inventors hesitate before starting patent registration procedures. For reasons of economy, and because they are unfamiliar with the steps that lead to the granting of a title, patent applications are sometimes neglected. However, it is the only procedure currently available for obtaining a monopoly on an invention. It protects the owner against counterfeiting by competitors.
Obtaining a patent enhances the value of the invention, as well as the products and solutions derived from it, and by the same token the company that owns it. It’s a powerful argument for fund-raising. Investors, consumers and customers are seduced.
The cost of the patent?
The costs involved in obtaining a patent are real investments. When the patent is granted, you obtain a monopoly for 20 years from the date of filing. The patent is maintained every year through the payment of annuities. This budget should be set against the potential offered by a 20-year monopoly on the invention. Indeed, thanks to the monopoly acquired on the territory, you can exploit the invention exclusively. You can also add value to the invention by granting licenses to third parties, either because you do not exploit it yourself, for example in a foreign country, or to give the equivalent of a “franchise” of your invention to several licensees, who then share the market.
Using YesMyPatent.com’s online patent filing service, you can obtain a patent for as little as €5,000 (incl. VAT). This price includes the patentability study, the drafting of the patent by an expert in your scientific field and in patent law, the procedures leading up to grant, and the INPI fees. You must then pay the annual fees to maintain the patent for 20 years.
How can I save money on my patent application?
TheINPI (Institut National de la Propriété Industrielle) requires payment of procedural fees (filing fee, examination fee, granting fee), which are non-negotiable and are used to finance the INPI and, in particular, the work of the Examiners. This is why you won’t find a free patent.
To obtain a patent on a reasonable budget, we advise you to use the services of an industrial property attorney (abbreviated to CPI). The latter is a legal professional accredited before the INPI, whom you appoint to carry out the formalities on your behalf. His or her knowledge of the various examination stages is invaluable, and will help you avoid filing a patent on an unpatentable invention, paying unnecessary claim fees, receiving notifications of irregularities from the INPI which would in any case oblige you to call in a professional to respond, or even having to re-file the patent and pay the fees again because of a simple error in filing. Having your patent drafted by an industrial property attorney, specialized in your technical field, is the key to a successful filing, and ultimately to a less expensive patent.
Your patent may in fact be refused, in which case you will have spent money unnecessarily. The CPI is also competent to carry out a patentability study to determine whether your invention is patentable and your approach worthwhile.
Do I need a patent attorney?
Thepatent attorney is competent to protect your interests on the basis of your patent and to attack infringers. Conversely, he can also defend you if a competitor accuses you of infringement. Patent drafting, on the other hand, is the domain of the patent attorney, as it requires, in addition to knowledge of patent law, technical competence such as an engineering degree or a doctorate in science, which the patent attorney possesses.
However, IPCs and lawyers work together on a regular basis, particularly when it comes to settling disputes concerning inventions.
Free guidance to protect my invention
Still hesitant, invention not yet ripe, you want to start learning about patent registration. You’ll find a wealth offree information on our website.
Here are a few avenues to explore!
INPI’s free office hours
In the Paris region (Courbevoie), INPI offers free 30-minute consultations. These enable you to ask the first questions, so as to be guided towards the appropriate procedures. Regional offices are also available. Contact INPI or your local Chamber of Commerce and Industry to find out about locations and times. For independent inventors, you can contact FNAFI (Fédération Nationale des Associations Françaises d’Inventeurs) and its subsidiary Transtech for advice and support.
Support for patent financing
Your region may subsidize part of your patent, for example under the PM’UP program in Ile de France, or Soutien au projet innovant in Nouvelle Aquitaine.
The BPI (Banque Publique d’Investissement) can also help you finance your patent, or the study of prior art, for example as part of an Innov’up program.
Finally, if you are a company with a Research & Development activity, the CIR can cover 30% of the costs involved in filing a patent application (taxes and fees for YesMyPatent.com patent experts eligible for the CIR).
Too long, too complicated? Enlist the help of service providers specializing in innovation financing, who will put together the applications on your behalf, and will be remunerated by deducting between 5% and 20% of the sum recovered in the event of success.
