Our professional approach does not privilege litigation, which we do not see as an end in itself. Experience has shown that recourse to a lawsuit is a serious decision, which should only be considered when no other solution is possible.
However, when this decision is necessary, Colbert Innovation supports the strategy and conduct of litigation by making the technical arguments supporting the claim or the defence as effective as possible. The teams formed with our network of lawyers thus allow to maximize the usefulness of the litigation and to improve the cost-benefice balance.
Patents
Patents
The Patent
The Patent
What is a patent?
“Novelty, inventive step, industrial application”
The patent is a legal title allowing its owner to protect innovative technical achievements that meet the criteria of patentability required by law: novelty, inventive step, industrial application. The right to the invention arises from the filing of the legal title (patent) with the INPI.
“The legal title registered at the INPI allows the owner to acquire a monopoly”
The legal title registered at the INPI allows the owner to acquire a monopoly on his invention on the condition that he exploits it directly or indirectly (license), and that he maintains it in force each year for a maximum of 20 years (annuities).
The legal title granted by the INPI allows its owner to prohibit third parties from manufacturing or selling products identical or equivalent to the protected product (infringement).
“Inventions not patentable by law”
Inventions that are not patentable by law are : methods of surgical or therapeutic treatment of the human body or animal, methods of diagnosis applied to the human body or animal, inventions contrary to public order and morality, animal breeds, as well as essentially
biological processes for obtaining plants or animals, discoveries, as well as scientific theories and mathematical methods, aesthetic creations, plans, principles and methods in the exercise of intellectual activities in the field of gambling or in the field of economic activities, computer programs, information presentations.
“There are different procedures for obtaining patents abroad…”
There are different procedures for filing patent applications abroad within a priority period of 12 months from the filing date of the French patent application:
- Direct national filing in foreign countries for which protection is desired,
- Filing a European application (substantive examination procedure examining the patentability of the invention for a group of European countries),
- After the grant of the European patent, national validation in the selected countries,
- filing an international PCT application (procedure involving a common opinion for a group of countries),
- transformation of the PCT application into national and regional patents in each of the selected countries, for the substantive examination on patentability.
Invention
Invention
“From a practical point of view, the invention is a technical response to an identified problem in a given technical field.”
From a legal point of view, the invention is a technical innovation that is not obvious to people in the given technical field with regard to the prior art that they are supposed to know. Inventions can be recognized in a wide range of fields: agriculture, biology, chemistry,
mechanics, all kinds of industries or economic activities, in the form of products, devices or methods. However, an invention is not accepted in the presence of a simple idea or “concept”: only means that are sufficiently described to obtain a well identified result can be protected.
Filing
Filing
Filing a patent for an invention or a creation
The patent is related to technical innovations. It can be a product or a method (a method of execution) that provides a technical solution to a specific technical problem. Filing a patent makes it possible to protect the invention and can in some cases generate income.
When an inventor or creator has a new invention, creation or other work, the first step to protect it is to file a patent. This gives the inventor or creator an exclusive right to make, use or sell the invention during a certain period. Patents are filed with and granted by governments. The filing of a patent is therefore the first act of protection of an invention. There are different types of patents, such as utility patents and design patents. Utility patents are granted for inventions or creations that are new, useful and non-obvious. Design patents are granted for ornamental designs of manufactured articles. For a patent to be granted, an invention must meet certain requirements. For example, it must be new, useful and not obvious. In addition, it must be disclosed in a manner that allows others to make and use it. Once a patent is granted, the inventor or creator has the exclusive right to make, use or sell the invention for a certain period of time. The term of validity of a utility patent is 20 years from the date of filing of the patent application. The term of validity of a design patent is 15 years from the date of grant of the patent.
Protection
Protection
Protect your invention
The Industrial Property title gives both legal and economic protection at all stage of business life.
An industrial property patent offers both legal and economic protection at any time in the life of the company. The term of validity of a patent is 20 years from the date of filing. During this period, the patent owner has the right to prevent others from making, using or selling the invention. After the expiration of the term of validity, the invention falls into the public domain and anyone can use it freely. A patent is an important business asset because it can be used to generate revenue through licensing or marketing. It can also be used as a negotiation tool with potential partners and investors. In addition, a patent can provide valuable protection against competitors. For these reasons, it is important to ensure that your industrial property assets are properly protected by patents.
Valuation
Valuation
Leveraging your resources
The Industrial Property title is at the same time a competitive advantage, a source of income and a capital to be realized in the future.
The owner of a patent may license or sell the patent to another party, thereby gaining a competitive advantage in the marketplace. In addition, patents can be used as collateral for loans, providing companies with much-needed capital. Finally, patents can generate revenue through licensing fees or sales. The valuation of a patent is therefore an important consideration for any company with a patented invention. By understanding the potential value of a patent, companies can make more informed decisions about how best to protect and commercialize their inventions.
Litigation
Litigation
Our professional approach does not favour litigation
Our professional approach does not favour litigation …
A Question?
A Question?
???
???
Auvergne-Rhône-Alpes Office
Lyon
Immeuble « Le Britannia »
Bâtiment B – 7e étage
20 boulevard Eugène Deruelle
69432 Lyon Cedex 03
- +33 4 72 69 90 00
- lyon@colbert-innovation.eu
Occitania Office
2Ter rue Gustave de Clausade
81800 Rabastens
- +33 5 63 40 06 42
- toulouse@colbert-innovation.eu