Patent information

A strategic concept at the heart of industrial property

Patent information means all the technical, legal and economic data relating to a patent or a patent application. It is an essential lever of control and protection for companies, researchers and legal professionals, and in particular for intellectual property attorneys.

Accessible through national and international registers, this information makes it possible to understand the features of an invention, to assess its novelty, to anticipate competitors’ strategy, and to avoid jurisdictional conflicts. In France, this information is centralised by the INPI, while the EPO (European Patent Office) performs that role at European level.

The components of patent information

Administrative data

Patent information comprises, first, formal and structured data:

• Filing, publication and grant dates of the patent,
• name of the applicant or applicants,
• legal status of the title (in force, expired, assigned, etc.),
• pays couverts,
• juridiction compétente en cas de litige,
• registre de publication (INPI, OEB, OMPI).

This information is crucial in order to check the territorial effects of a patent, its term of protection (20 years from the filing date), or to carry out prior art searches.

Technical data

These appear in the patent specification: claims, description of the invention, and any drawings or diagrams. Analysing them makes it possible to assess:

• le niveau d’activité inventive,
• the scope of protection,
• the clarity and sufficiency of the description.

Technical analysis is often the basis for oppositions, revocation actions or licence negotiations.

The strategic use of patent information

Veille et analyse concurrentielle

Patent information is an advanced research tool for anticipating technological developments in a sector or at a competitor. By analysing recent applications filed in a country, by a group or by an inventor, a company can:

• detect new trends,
• orienter sa stratégie de recherche et développement,
• adapter son offre commerciale,
• avoid the risk of infringement.

Soutien à l’innovation

Knowledge of the existing state of the art, through prior art searching, enables inventors to develop new solutions capable of being patented. This raises the level of innovation and the ability to secure results through strong patents.

Sources et bases de données

En France et en Europe

In France, the national patent register is maintained by the INPI, which offers a digital search service. At European level, the EPO (European Patent Office) centralises this information through its Espacenet database, available online. That database covers European patents, national patents and certain international applications.

The arrival of the unitary patent has reinforced the need for unified information: a single title now produces effects in 17 to 25 participating countries, consultable through a dedicated register.

Données accessibles à l’international

WIPO (World Intellectual Property Organization) offers the PATENTSCOPE database, which covers patent applications published under the PCT. These tools give access to crucial information on innovation worldwide.

Interaction with legal proceedings

Délivrance, opposition, contentieux

Patent information is used throughout the grant procedure:

• prior art searching before filing,
• examen de brevetabilité,
• monitoring of publication,
• third-party observations.

In litigation, and in particular in infringement proceedings, the analysis of patent data enables the attorney to:

• identify the proprietors,
• check the territorial effects,
• bring proceedings before the right forum (the Paris Judicial Court, the UPC for European patents with unitary effect, etc.).

This information also makes it possible to assess the risks before any commercial offer, and thus to secure the launch of an invention on the market.

An essential skill for businesses and attorneys

Mastering patent information means securing optimal protection for your innovations. It makes it possible to:

• monitor the patent register and competing applications,
• avoid investing in technologies that are already protected,
• défendre efficacement ses droits en cas de litige.

In a context where the level of innovation is a factor of competitiveness, exploiting patent information has become indispensable for every economic operator, in France, in Europe and internationally.

Information of critical importance for industrial property professionals in a changing world

This information is a valuable source of technical, legal and economic data. Whether the aim is to anticipate market developments, to secure an invention or to manage a patent portfolio, it lies at the heart of industrial property strategy.

With the internationalisation of patent rights, notably through the unitary patent, and the growing complexity of procedures, command of patent information is now indispensable to every legal and innovation professional.