Protecting an innovation by filing a patent allows companies, particularly startups, to obtain a monopoly on market exploitation and, consequently, the right to prohibit competitors from any use, manufacture, importation, etc., without their authorization. Patents constitute for early-stage startups a lever and an asset that enables them to increase their valuation and raise funds, as well as to sign partnerships and attract investors. It is therefore essential to build one’s patent portfolio as quickly as possible, as many companies are working on similar projects that may therefore lead to the same results. Protection then benefits the company filing the patent application first.
Intellectual property accounts for up to 30% of the R&D budget
Every company, regardless of its size, must establish a clearly defined intellectual property strategy compatible with its overall objectives, ensuring that it patents only discoveries that confer a commercial or strategic advantage. Intellectual property generally accounts for up to 30% of the research Research and development (R&D) budget. While some companies entrust the protection of their inventions to external consulting firms, others prefer to employ a patent engineer within an internal Intellectual Property Department (IPD). However, some opt for a combination of both solutions for even greater security and efficiency.
The patent engineer’s mission is to manage the protection of a company’s inventions. To this end, they must handle part or all of the company’s industrial property activity and all related patents and contracts. Technology watch constitutes one of the most significant expense items in an intellectual property approach. And for good reason: the company must connect to the main scientific and technical databases—Questel Orbit, Cedocar, Derwent, Intellixir, etc.—to study technological evolution in a particular field, continuously monitor the work of large groups, conduct prior art and innovation studies, search for collaborations and competitive intelligence, etc. Given that 70% to 80% of global technical information is found in patents, and that these are accessible, the company need only conduct targeted monitoring and prior art searches to determine whether a new invention has not already been described, and whether it therefore merits protection.
Between €5,000 and €50,000 per patent
To file a patent, France Brevets (an investment fund dedicated to international patent licensing) announces a range between €5,000 and €50,000 per patent. Nevertheless, startups can perform the preliminary steps in-house and only resort to external counsel for prior art search, patent drafting, and filing services. Thus, the corresponding costs can fall below €3,000 for an initial filing. The fees applied in certain countries, such as Japan, the United States, and Gulf countries, can be twice as high as in France.
The patent office contacted establishes a preliminary search report and issues an opinion on patentability, either challenging the application or accepting it. In case of approval, the applicant must pay a fee per patent. Conversely, if novelty is contested, the applicant will be required to justify certain aspects of their application. In this case, they have the right to continue the process or withdraw, knowing that each response costs between €1,000 and €2,000! Finally, to extend a patent internationally, the applicant must contact the European Patent Office or initiate an international procedure known as PCT (Patent Cooperation Treaty).
Scientific research conducted within the Georges Friedel laboratory, located at the Mines Saint-Étienne engineering school, leads to referenced publications, doctoral theses, and notably patented inventions, as was the case with Opti’waves, which resulted in the filing of 2 patents by Mines Saint-Étienne.
If you wish to become a patent engineer, you should know that you must complete a five-year degree program, culminating in an Industrial Engineering degree or Master of Science in Engineering in Advanced Industrial Engineering Methods, among other programs related to the company’s activities.
After at least three years of practice, the patent engineer is expected to supplement their legal knowledge by obtaining the diploma from the Centre for International Intellectual Property Studies (CEIPI). They may subsequently take the examination for the professional representative qualification before the European Patent Office (EPO), to be qualified to represent their clients before this body for all applications and procedures relating to European patents.
