Drafting, filing and defending a patent
Why seek an intellectual property consultant for drafting and filing a patent?
It is recommended to seek the help of an Intellectual Property attorney firstly for carrying out the prior processes of the study and verification of prior rights and for strategic advice regarding the innovation project, and secondly for the drafting and filing pursuant to the conditions laid down by law followed by, within the prescribed periods, the follow-up of procedures and extensions depending on the requirements and plans of the patent applicant.
The domain of patents is relatively complicated and the challenges related to it may be too much for any business, regardless of its stage of development. Also, being assisted by an experienced intellectual property attorney is extremely useful for avoiding technical and legal pitfalls related to patents: even before filing a patent application, during the filing and after the filing of the patent, during the examination phase and during the international extensions.
Our patent team constitutes engineers in various technical fields and paralegals (legal assistants). The engineers are in charge of the advice, the studies and research, the drafting of patent applications, the substantive responses to official notifications, etc. The paralegals are responsible for the administrative part of the patent procedures, especially the filing of patent applications, international extensions (phase entries and validations), monitoring the internal and official deadlines, quotations, etc.
What is a patent?
A patent seeks to protect any invention having a technical nature. It allows its holder to have an operating monopoly on the invention and thereby, to forbid third parties from manufacturing, marketing and more generally exploiting an invention containing the claimed characteristics.
To be valid, a patent must meet certain criteria defined by law, which apply cumulatively. The first criterion is novelty: this means that the patentable invention must not be described in a prior art document; the second criterion is inventive activity: the invention must not obviously result from the combination of the teachings of two prior art documents according to any person skilled in the profession; the third criterion is that of industrial application: it should be possible to manufacture or use the subject of the invention in any type of industry (including agriculture).
Strict format criteria are also required by the IP Offices where the patent is filed, and which examine the applications, in view of their form or substance.
The maximum period of a patent is 20 years from the date of filing.
Patents cannot be filed in particular for scientific discoveries and theories, mathematical methods, aesthetic creations, drawings, intellectual exercise methods, computer programs (software) per se, information presentations, processes of cloning, modification of the genetic identity of human beings, uses of human embryos for industrial purposes, human gene sequencing per se, methods of therapeutic and surgical treatments and diagnosis methods in the medical domain.
Services offered by Brandon IP
Acquiring and maintaining your rights:
- Protection strategy
- Prior art search
- Patentability study
- Freedom to operate study
- Preparation, drafting and filing of patent applications
- Monitoring of procedures
- International extensions and validations
- Validations of European patents in France
- Registration and/or modifications in the Office registers
- Internal management of annuities
Defending your rights:
- Filing and monitoring of opposition and appeal proceedings
- Proposal and management of pre-litigation procedures
- Organisation of infringement seizure
- lawsuits for infringement, unfair competition and others, in partnership with specialised lawyers
Adding value to your rights:
- Competitive or other intelligence
- Negotiation and drafting of contracts (transfer, licence, coexistence agreement and others)
- Patent portfolio audit
- Financial valuation study
- Advice concerning rights management
- Intellectual property familiarisation actions