Practical sheet | REF: FIC0629 V1

How to apply for a patent? Preparation, execution, follow-up

Author: Laurence LOUMES

Publication date: August 10, 2021 | Lire en français

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3. Preparation: consider the economic aspects

Patents alone do not guarantee a product's success. However, once an invention has found its audience, it is the legal tool which, thanks to the monopoly it confers, will enable the return on investment and research and development work. To optimize the chances of success, the object and boundaries of the monopoly conferred by the patent must be designed in a way that is consistent with the methods of exploiting the invention, by identifying the economic players likely to exploit it.

The object of the monopoly is defined by the patent claims. Depending on the nature of the invention, it is possible to draft claims relating to a physical object, for example defined by its physico-chemical composition (material, pharmaceutical solution), or by its mechanical and/or electronic elements (product, machine, system), or by its functionalities (programmed device). It is...

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Preparation: consider the economic aspects