Frequently Asked Questions (FAQs)

A patent is generally valid for a maximum period of 20 years from the filing date, provided that maintenance fees are paid, usually annually. After 20 years, the technology enters the public domain and can be used freely.

The cost of filing a patent application varies depending on several factors, including the country of filing and the fees of intellectual property advisors.

To obtain an accurate estimate tailored to your project, feel free to contact us. We can provide you with a detailed quote based on your needs.

The geographical scope of a patent is limited to the countries where it has been filed and granted. For example, a patent filed and granted in France protects the invention only in France. To extend this protection to other countries, additional steps are required.

There are several options for obtaining international protection:

• National patent: Protection in a specific country.
• European patent: A single application with the European Patent Office (EPO) that allows designation of several European countries.
• International filing via the PCT (Patent Cooperation Treaty): This system centralizes an application for over 150 member countries, though each national or regional office then conducts an individual examination to decide on the grant.

Additionally, there are other regional cooperations similar to the European patent, such as the African Intellectual Property Organization (OAPI), covering several African countries, or the African Regional Intellectual Property Organization (ARIPO). These organizations facilitate patent protection in groups of countries through a single filing.

We can assist you in choosing the best strategy for the geographical extension of your patent based on your target markets and protection needs.

National patent: Filed in a specific country, it offers protection only within that country.

European patent: Allows filing a single application with the European Patent Office (EPO), covering the designated member states in the application.

International filing (PCT): The Patent Cooperation Treaty (PCT) allows centralizing the application for potential protection in multiple countries. While it does not grant an international patent, it simplifies the process of extending protection to other countries.

The average duration of the patent granting procedure, from filing to obtaining, is generally between 2 to 5 years. However, this duration can vary depending on the complexity of the invention and administrative delays.

Here are the main steps of this procedure:

• Filing the application (T0): The patent application is filed with the patent office. A filing date is assigned, marking the start of the protection.
• Search report (around +9 months for France): The patent office conducts a prior art search to identify similar existing inventions. A preliminary search report is then sent to the applicant, who can assess the patentability of the invention.
• Priority and international extensions (12 months): The applicant has 12 months after the initial filing to claim priority and file applications in other countries to protect the invention internationally.
• Publication of the application (around +18 months): The patent application is published, making the invention’s details accessible to the public. This also marks the start of the “provisional protection,” allowing the applicant to notify third parties of the application.
• Substantive examination: The patent office examines the application in detail to ensure the invention meets the patentability criteria (novelty, inventive step, industrial applicability). This step may involve exchanges between the office and the applicant.
• Granting of the patent (around +30 months or more): If the examination is successful and the criteria are met, the patent is granted, offering official protection in the country of filing.

We assist you at every step of the process: drafting the application, responding to objections from the patent offices, and making modifications to optimize the chances of success. Our experts ensure your invention receives the best possible protection in compliance with the requirements of the patent offices.

Freedom to operate (FTO) refers to the ability to use, manufacture, sell, or distribute a product or technology without infringing on the intellectual property rights of a third party, such as patents. This means that before launching a product or technology, a company must ensure there are no existing patents that could block its commercialization.

To assess freedom to operate, a thorough search is often conducted on existing patents in the countries where the company plans to launch its product. This analysis helps identify potentially problematic patents and, if necessary, take steps to mitigate infringement risks, such as negotiating licenses or modifying the invention.

The Fedit-Loriot team can assist you in conducting freedom-to-operate searches and interpreting the results to minimize the risk of litigation.

The protection of a design is obtained through registration with an intellectual property office to protect the visual appearance of a product (shapes, patterns, colors). Here are the steps to protect a design or model:

• Creation and selection of the object: The design must be original and have its own distinctive character.
• Filing the application: The application is filed with the relevant office (INPI for France, EUIPO for the EU, or WIPO for international protection), including precise visual representations of the design.
• Examination and registration: The office examines the application for compliance, and if accepted, the design is registered. Protection is granted for an initial period of 5 years, renewable up to 25 years depending on the jurisdiction.

The Fedit-Loriot team guides you in preparing visuals, filing the application, and renewals to ensure solid and long-lasting protection for your creation.

The duration of protection differs between a trademark and a design:

• Trademark: A trademark is protected for an initial period of 10 years from the filing date. This protection can be renewed indefinitely every 10 years, as long as renewal fees are paid and the trademark is used.
• Design: A design is protected for an initial period of 5 years from the filing date. The protection can be renewed in 5-year periods, up to a maximum of 25 years in most jurisdictions.

The fees related to the protection of a trademark or a design include several elements, which vary depending on the filing territory and the chosen options.

The Fedit-Loriot team can provide you with an accurate quote for the protection of your designs, and trademarks, taking into account the territories and protection strategies suited to your needs.