Patent
A patent is an industrial property title that grants its holder an exclusive right to exploit an invention for 20 years from the filing date, subject to novelty, inventive step and industrial application.
Definition
A patent is an industrial property title that grants an exclusive right to exploit a technical invention for 20 years, non-renewable, from the filing date. In France, it is governed by articles L611-1 et seq. of the French Intellectual Property Code (CPI) and granted by INPI (French Patent and Trademark Office). In the United States, the system dates back to the Patent Act of 10 April 1790, codified at 35 U.S.C. and administered by the USPTO (U.S. Patent and Trademark Office). The Patent Cooperation Treaty (PCT), signed in Washington on 19 June 1970 and in force since 1978, allows a single international filing that opens a national phase in 157 member states. Three cumulative conditions apply: absolute novelty, inventive step (non-obviousness in the U.S.) and industrial application (utility in the U.S.).
In plain English
If you have invented something and want to protect it in both France and the United States, you have two strategies. First option: a direct INPI or USPTO filing, then extension within 12 months under the priority right of the Paris Convention of 1883. Second option: a PCT filing that buys you 30 months to decide on national phases. The PCT is more expensive at entry (around 4,000 to 6,000 euros) but lets you defer national costs while the project gets commercial validation. A classic pitfall: in the United States, unlike in France, there is a 12-month grace period during which the inventor can disclose the invention without destroying novelty. In France, any public disclosure before filing destroys patentability.
RWM transatlantic case study
For a French deeptech startup targeting the United States, we frequently recommend the sequence INPI then PCT then U.S. national phase within 30 months. The initial INPI filing acts as the Paris Convention priority anchor and costs 26 euros in filing fees plus 520 euros for the search report. The PCT, filed within 12 months, benefits from the French priority date and opens the 30-month window to enter the USPTO national phase. USPTO national phase costs start at around 1,600 dollars for a small entity, excluding U.S. patent attorney fees, which can reach 10,000 to 30,000 dollars depending on complexity. Any assignment to a Delaware C-Corp, common after a flip, must be recorded with the USPTO within 3 months, failing which it is only partially enforceable against bona fide third parties (35 U.S.C. § 261). On the French side, recording with the INPI's Registre National des Brevets is required for enforceability.
Points to watch
- U.S. 12-month grace period for inventor disclosure, no equivalent in France.
- Paris Convention priority right: 12 months to extend abroad.
- PCT: international phase of 18 months, national phase within 30 months.
- Annuities payable each year, INPI and USPTO, otherwise the patent lapses.
- IP assignment to be recorded with the USPTO within 3 months for full enforceability.