Technology Watch - Application to Patent Monitoring

Globalization has led to global competition, requiring an increasingly broad vision of the business sector in which we operate. Whether it's manufacturing outsourced by major international groups to countries with low-cost labor and fewer environmental constraints, or new companies from developing countries, or unexpected new entrants, the world of business is constantly expanding.

In terms of technology, change is becoming ever more rapid, and so the threat posed by the arrival of "lightning" technologies is ever greater. Lastly, China, the world's largest patent filer, must be seen both as a threat and as a source of innovation. Indeed, it extends few patents internationally, so certain products or technologies can be used outside China without any legal problems. On the other hand, if you need to set up in or export to China, you need to be very careful, and consider not only Chinese patents, but also utility model certificates, which are legally enforceable. For those interested in the subject, Schneider Electric lost a multimillion-dollar lawsuit in China because of a Chinese utility model!

In financial terms, intellectual property is still seen as a major item. However, an awareness of this state of affairs has led France, among others, to highlight the importance of utility certificates ("small patents" that are easy to obtain, very low in cost and offer limited protection, but which can be extended if necessary).

"INPI Press Release May 27, 2019 the pact law, enacted on May 23, 2019, provides for several measures that directly concern intellectual property.

Measures concerning patents :

• extension of the utility certificate from 6 to 10 years and the possibility of converting a utility certificate application into a patent application;

• creation of a provisional patent application: light and inexpensive, this procedure makes it possible to establish prior art, with simplified content. It is designed to facilitate access to intellectual property, particularly for SMEs, start-ups and researchers;

• creation of a patent opposition procedure before the INPI: this procedure both reinforces the legal security of the patent and simplifies the procedure for third parties, which can lead to the invalidation of invalid titles;

• strengthening the patent examination procedure: complementary to the opposition procedure, this measure aims to strengthen the substantive examination of patent applications by the INPI (inventiveness criterion) and thus improve confidence in the French patent system."

As a result, the field of intellectual property...