The patent: your operating monopoly
What can be patented?
A patent protects a technical invention, i.e. a product or process that provides a new technical solution to a technical problem. You cannot protect an idea or concept, but only the technical means used to put it into practice.
In France, only inventions that are new, inventive and capable of industrial application are patentable.
Filing a patent with YMP
YesMyPatent relies on experienced European patent attorneys.
Whether your invention is in biology, chemistry, mechanics, electronics or software, we have the experts to take your case in hand.
Our administrative department then prepares all the formalities for filing with the INPI and EPO.
You don’t have to worry about a thing: our turnkey service takes care of filing, paying fees, following up the examination at the Office and renewing each year.
Have you considered
the patentability study?
If you don’t know whether your invention is patentable, or if you don’t know the prior art surrounding your invention, order a patentability study. Our experts will carry out an in-depth search of professional patent databases and check that the invention is new and inventive.
an urgent patent application?
Worried that someone else might file a similar application while you’re developing your prototype?
A provisional patent allows you to make a date quickly.
More information
Filing a patent application is the start of the administrative procedure for protecting your innovation. In order to obtain the granting of this industrial property title, follow these preliminary steps to give yourself every chance of seeing your application accepted:
- Write a technical note.
- Contact an Industrial Property Attorney (IPA).
- Define and clarify the characteristics of the invention with the CPI.
- Check and modify the text drafted by the IPC to ensure that the claims formulated fully protect the invention.
- File the patent application with the Institut National de la Propriété Industrielle (INPI), pay the fees, register the documents.
- Follow the procedure.
- Be notified of the patent grant.
The technical note can be written independently. It consists of a detailed description of the innovation, the known prior art and the problem solved by the proposed technical solution. The description of the known prior art enables you to assess how innovative the invention is, and to get an idea of how the patent application will be examined. The technical note is also accompanied by drawings, diagrams, figures or any other element that might complete the description of the invention.
The technical note is the basis for discussions with the patent attorney. It is imperative that the technical note is clear and complete, so that the drafting of the patent application, and in particular the claims, fully covers the specific features of your invention. The more complete the technical note, the simpler and faster the drafting process will be for the IPC, and the better the protection for your innovation.
The drafting of a patent application by a CPI is decisive inavoiding a rejection by the INPI, resulting in a lack of protection for your invention. Drafting your patent application yourself can also lead to a weak patent or a longer procedure, for example, in connection with a multiplication of INPI notifications.
The CPI or European Patent Attorney represents you before the INPI, the EPO or foreign colleagues abroad. He takes care of all the administrative formalities on your behalf, including the payment of annual fees to keep your patent alive. In this way, you can be sure that your patent will be maintained once the industrial property title has been granted.
You can consult patents, utility certificates and designs once they have been published. To carry out a search and find out whether an innovation is already the subject of a patent, we advise you to :
- Define a list of keywords corresponding to the prior art of the patent you’re looking for, and/or a list of inventors and companies who may have filed patents of interest to your search.
- Consult databases such as Google Patents or EspaceNet offered by the European Patent Office.
- Browse and analyze patents to determine whether the technical solutions you wish to protect are already protected.
Remember: you will keep your invention secret for 18 months after filing your patent application.The text of your patent will then be published and its content will become freely accessible. The technical specifications of your invention detailed in the text of your patent will thus be visible to all.
Even if you can carry out an initial preliminary search on your own, we strongly advise you to call on the services of a patent attorney. An IPC is equipped with professional tools and experience in patent research and analysis, which will enable you not only to identify prior art, but also to avoid the risk of being accused of infringement in your future projects.
Obtaining an industrial property title such as a patent is the culmination of a lengthy administrative procedure. This gives you a 20-year monopoly on the protected solution, as well as recognition of your innovative character in your market, which you can use to your advantage in marketing.
Before starting to file a patent application, your patent attorney will ask you the following questions, right from the start:
- Have you already disclosed your invention? (If so, unless disclosed under a confidentiality agreement, it is not patentable).
- Do you know all the technical specifications that are essential for your invention to work properly?
- Are you ready and willing to embark on a lengthy patent procedure?
- Will disclosing your innovation in 18 months’ time be a problem?
These questions, combined with a prior art search, complete a patentability study. They are essential not only to increase your chances of obtaining a patent, but also in determining your IP strategy. Determining the right IP strategy, combining secrecy and filing patent applications in line with the innovations and markets you’re targeting, is an integral part of your company’s development.