{"id":10637,"date":"2025-07-04T10:00:18","date_gmt":"2025-07-04T10:00:18","guid":{"rendered":"https:\/\/www.dhenne-avocats.fr\/?p=10637"},"modified":"2025-06-19T14:45:41","modified_gmt":"2025-06-19T14:45:41","slug":"can-utility-models-and-trade-secrets-replace-patents","status":"publish","type":"post","link":"https:\/\/www.dhenne-avocats.fr\/en\/can-utility-models-and-trade-secrets-replace-patents\/","title":{"rendered":"Can utility models and trade secrets replace patents ?"},"content":{"rendered":"

Understanding how to protect an innovation<\/h2>\n

Protecting an invention means ensuring that your R&D efforts will not be copied or exploited without authorization. In France, the patent is often considered the reference tool. However, there are other, sometimes more flexible means of protection, such as utility certificates (also known as utility models in the international arena) or trade secrets.<\/p>\n

Each of these legal instruments has its strengths, its limitations, and above all its strategic uses. So, can we really consider substituting a utility model or a trade secret for a patent? It all depends on needs, context and type of innovation.<\/p>\n

Patents: the standard for industrial protection<\/h2>\n

A powerful exclusive right<\/h3>\n

A patent confers a 20-year monopoly on its holder. In exchange, the inventor must publicly disclose his invention in a description clear enough to allow reproduction.<\/strong>.<\/p>\n

This system is based on a balance: society benefits from knowledge, the inventor benefits from an exclusive right. This right is enforceable against all parties, including those who have independently developed the same invention.<\/p>\n

A demanding legal tool<\/h3>\n

But this protection comes at a cost: in addition to filing and maintenance fees, you have to incur expert fees to demonstrate novelty, inventive step and industrial applicability. You also have to accept that the innovation will be made public 18 months after filing. Consequently, for certain projects - particularly those with a short life cycle, or where profitability is uncertain - patenting may seem excessive.<\/p>\n

The utility model: a fast, affordable \"mini-patent<\/h2>\n

What is a utility certificate ?<\/h3>\n

The utility certificate, although still little used in France, is an industrial property title issued by the INPI<\/strong>, just like the patent. It protects a technical invention and grants an exclusive right for 10 years, but is obtained via a simplified procedure, with no initial substantive examination or search report.<\/p>\n

In other words, you get a title faster, and for less. This can be enough to dissuade competitors, as well as enhancing the value of the invention (communication, partnerships, fund-raising).<\/p>\n

For which situations ?<\/h3>\n

The utility certificate is particularly relevant in three cases :
\n– Short-lived inventions<\/strong> : in digital technology or connected objects, where products become obsolete within a few years.
\n– Uncertain inventions<\/strong> : when patentability is in doubt, but you want to protect them quickly.
\n– Flexible strategies<\/strong> : the certificate can be converted into a patent application within 16 months of filing. This allows time for strategic adaptation.<\/p>\n

As the Ministry of Finance points out in its note on the PACTE reform, the utility certificate is a \"particularly useful tool for SMEs\".<\/p>\n

Limits of the utility model<\/h3>\n

But beware, a utility certificate is not a cheap patent : it is not recognized internationally<\/strong> (no PCT, no EPO equivalent), and its lack of substantive examination makes it more vulnerable to litigation. In fact, before any infringement action can be taken, an a posteriori search report must be drawn up.<\/p>\n

In short, it's a strategic, flexible and cost-effective tool, but limited in geographical and legal scope.<\/p>\n

Business secrecy : protection through discretion<\/h2>\n

Protection without formalities<\/h3>\n

Unlike patents and utility certificates, trade secrets<\/a> require no formalities. It costs nothing and can last indefinitely, as long as the secret is preserved. It is therefore perfectly suited to certain situations :<\/p>\n