Cazperのつれづれ日記

For someone starting a company, a patent gives added value to the project and strengthens their hand for negotiating with financial backers. A patent improves the position of the company founder.
It should be noted that, in view of the advantages it confers, the high cost of filing a patent should not prove a barrier for founders. ANVAR may help with financing the patent request.

The dilemma : To meet the novelty condition, an invention must remain secret. Yet, to know whether an invention is viable, the inventor needs to discuss it with people in the trade and with financial backers.

In any case, when the invention is communicated to a third party, a Non Disclosure Agreement (NDA) should be signed. This is a confidentiality agreement signed by all those present when the invention is presented.

In addition, for further protection and to prove the state of progress of the invention before communication, several options are open :

* Address a sealed registered letter to yourself, or have a notary's certificate drawn up.
* Use the SOLEAU envelope: this only provides low level protection but does prove the date of the invention and ensures exploitation rights, at least in France. (Cost: about € 10.5)

The SOLEAU envelope does not give a right to industrial property. It does not confer on the holder the right to prevent others exploiting the invention without agreement.

In fact, if you are the originator of an invention, the SOLEAU envelope does not protect you from others using and/or reproducing your invention. You can claim nothing other than the honour of having been the first to think of it and the right to exploit it yourself. If someone files a patent, the SOLEAU envelope only gives you the personal right to continue using the invention (only in France).

However, another advantage is that the SOLEAU envelope allows the inventor to keep the invention secret or to finish developing it before filing the patent request.

By contrast with the patent, the SOLEAU envelope does not give the holder a monopoly right to exploitation. In addition, it is not transferable.

Thus the question arises: When should a patent be filed ?

This is a vital question in innovation protection strategy.
If the request is filed too early, it may be inadequate and consequently be easy to circumvent.
If the request is filed too late, it may be preceded by someone else's request or by publication.
Conclusion. The right moment to file the patent request is a compromise between :

* The preparedness of the invention
* The perceived competitive environment.
* The need to communicate to the outside world.