OUR EXPERTISE

According to an old French legal saying, “not having a right, and not being able to prove it, are one and the same”. It can thus be crucial to be able to prove that one is at the origin of a concept or a creation (and, especially, of an invention).

There are different procedures for precisely dating a creation or an invention, one of the most used being to file a “Soleau envelope” at the French National Institute of Industrial Property. We can advise you on the most suitable procedure for your case and we can file Soleau envelopes (in paper or electronic format) on your behalf. Because of their speed of execution, such filings may be useful, even if a patent application is subsequently filed.

Depending on the volume of the documents to be filed and the recurrence of filings, other procedures may be considered.

However, we draw your attention to the fact that filings intended to constitute proof of date do not in any way constitute independent IP rights.

When considering the filing of a patent application to protect a product or method that has been developed, it may be useful to check whether and to what extent previous publications may be opposed to the granting of a patent.

We are able to conduct searches in databases of patent documents as well as in databases of scientific publications. If necessary, we can carry out a complete patentability study based on documents found during searches.

We carry out preparatory work and all the actions necessary to file patent applications, whether in France or abroad.

We are authorized to represent clients before the French and European Offices, as well as before the World Intellectual Property Office, and we rely on an extensive network of correspondents selected for extra-European filings.

We prosecute patent applications until the patents have been granted and then we take all of the actions necessary to maintain in force the titles obtained.

We carry out all consultations concerning questions about employee inventions, whether for specific concerns or for general projects, including help in implementing an enterprise policy for managing employee inventions.

We can also assist you in proceedings before the French National Commission for Employee Inventions. In case of litigation, the employer or the employee may refer to a Conciliation Commission thereof, operating under Article L. 615-21 of the Intellectual Property Code.

When developing and marketing a new product, or implementing a new process (e.g. on manufacturing lines), it is recommended to verify that such marketing or use does not infringe the IP rights of third-parties.

In such a case, we are able to carry out searches in order to determine the existence of third-party patents that may limit the freedom to operate a product or method.

We can assist and represent you in all the actions related to the opposition procedure before the European Patent Office, whether for an opposition filed by a third-party against one of your patents or for an opposition that you intend to bring against a patent belonging to a third-party. In the latter case, we may perform prior art searches to detect earlier publications that may be cited against the opposite patent.

We can also assist you in the context of pre-litigation (sending or responding to a formal notice, counterfeiting seizure,…) and litigation (action for patent invalidity, action for infringement,…), if necessary with the assistance of a specialized lawyer.

We can organize and provide tailor-made training, whether to introduce an inexperienced audience to industrial property or to improve the knowledge of an already experienced audience.
The primary purpose of these trainings is to share “good practices” in the field of industrial property, they are intended in particular for those likely to generate innovations (R & D teams, etc.) and those responsible for detecting them (IP managers, etc.).

We can assist and advise you in the negotiation and drafting of contracts regarding patent rights, such as assignment agreements and patent license agreements.