2024-07-09 22:00:00
Globalization has led to global competition that requires an increasingly broad vision of the sector of activity in which one operates. Indeed, whether it is manufacturing outsourced by large international groups to countries with cheap labor and fewer environmental constraints, or whether it is new companies from developing countries, or whether we are dealing with unexpected new entrants, the business world is constantly expanding.
In terms of technology, changes are becoming increasingly rapid and so the threat posed by the arrival of “lightning” technologies is increasingly significant. Finally, China, the world’s leading patent filer, must be considered both as a threat and as a source of innovation. Indeed, it only extends few patents internationally and, as a result, certain products or technologies can be used outside China without having legal problems. On the other hand, if you have to set up or export to China, you have to be very careful, consider Chinese patents, but also utility model certificates which are legally enforceable. For those interested in the subject, the Schneider Electric company lost a multi-million dollar lawsuit in China because of a Chinese utility model!
At the financial level, intellectual property is still considered a significant item. However, awareness of this state of affairs has led, among other places in France and within the framework of the Pacte law, to highlight the importance of utility certificates (“small patents” that are easy to obtain, very low cost and offer limited protection, but which can be extended if necessary).
“INPI press release May 27, 2019 the pact law, promulgated on May 23, 2019, provides for several measures that directly concern intellectual property
Measures concerning patents:
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extension of the utility certificate from 6 to 10 years and possibility of transforming a utility certificate application into a patent application;
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creation of a provisional patent application: simple and inexpensive, this procedure allows you to set a date in terms of prior art, with simplified content. It aims to facilitate access to intellectual property, particularly for SMEs, start-ups and researchers;
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creation of a patent opposition procedure before the INPI: this procedure makes it possible both to strengthen the legal security of the patent and to simplify for third parties the procedure which could lead to the cancellation of invalid titles;
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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.
Thus, the field of intellectual property should develop in a faster way and, as a result, the need for a company to “follow patents” becomes a necessity, even if the company in question does not have a filing activity. In the term “patent tracking”, it is necessary to include the monitoring of technologies and their developments, but also the knowledge of the filing companies, as well as the inventors, as well as the countries of application (if the patent is extended in other countries, for example, in the case of global or European patents). Thus, beyond their usefulness in the protection of inventions, patents constitute a living technological encyclopedia, accessible free of charge, and allowing through simple analyses to access multiple information, both on the technology itself, but also on the actors who own it.
This article does not deal in depth with intellectual property and that is why we will try to show by examples how to carry out effective monitoring with the greatest possible economy of means.
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