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Industrial property law

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Industrial property refers to one of the two branches of intellectual property law. Its purpose is to protect inventions and industrial or commercial creations.

Industrial property definition: the issues

In France, industrial property represents a set of rights that guarantee their holders a monopoly of exploitation. These include technical inventions (patents), aesthetic creations (designs) and distinctive signs (trademarks and geographical indications).

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How do I register & protect my designs with Fidealis?

1. Register

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2. We guide you

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3. We protect you

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Patents for technical inventions

A patent protects a technical innovation. This right reconciles two interests:

  • The particular interest of the inventor by granting him an exclusive right to commercialize his invention, but for a limited period of 20 years.
  • The general interest by allowing disclosure of the invention, which will contribute to improving the technique.

To be protected by a patent, however, the invention must meet three conditions:

  • The invention must be new: It must not have been made available to the public prior to filing.
  • The invention must be industrially applicable: it must be capable of being manufactured or used.
  • The invention must result from an inventive step: It must not be obvious from the current state of the art.

Protecting aesthetic creations

Design protection protects the appearance of industrial products, not their functionality. Protection applies to a product as a whole, or to a part of it. For example, the design of a piece of furniture. It confers an exclusive right of use on French territory for a minimum period of 5 years, which can be extended in 5-year increments, up to a maximum period of 25 years.

Trademarks as distinctive signs

In industrial property law, a trademark is a distinctive sign that provides a monopoly for use on French territory for a period of 10 years, renewable indefinitely. Trademarks can be registered for words, names, slogans, numbers, letters, drawings, logos or sound signs, provided they can be represented graphically, such as a musical score.

Geographical indications are used by consumers to identify the origin and quality of products. It can be used by all producers whose products originate in the designated place.

Fidealis can help you protect your industrial property.

A pioneering solution in the protection of designs and collections, combining electronic signature technologies, timestamping and blockchain. Your creative work is instantly officially certified and archived.

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Frequently asked questions

What is industrial property?

Industrial property is a branch of intellectual property law that protects industrial and commercial creations. It encompasses :

  • Patents: protect technical inventions.
  • Designs: protect the aesthetic appearance of products.
  • Trademarks: protect distinctive signs such as names, logos and slogans.

Unlike intellectual property, which governs intellectual property rights (to be enforced if necessary), industrial property is accompanied by the issuance of titles, such as patents, which are the “diploma” of your industrial property. These titles are published, public and enforceable against third parties.

Why is it important to protect your industrial property?

Protecting your industrial property means :

  • Secure your innovations against counterfeiting.
  • Obtain an operating monopoly.
  • Enhance the value of your intangible assets.
  • Strengthen your competitive position in your markets.
How to file a patent with Fidealis?

Fidealis offers comprehensive support for patent registration:

  1. Registration: create a free account.
  2. Prior art filing: submission of invention project.
  3. Searches: via our network of patent attorneys, find the best practitioner to support you, carry out the prior art search and draft the claims and technical patent.
  4. Filing: You receive your patent application (or not, depending on the constraints to be considered with your patent attorney).

Please note : in some cases, and this is a very common practice, a utility certificate, a simplified patent formality, is an option worth considering. It’s cheaper, lasts only 6 years and is very easy to apply for.

How long does a patent last?

In France, a patent confers an exclusive right of exploitation for a maximum of 20 years, subject to payment of annual instalments.

How can I protect a design with Fidealis?

To protect a product’s appearance :

  1. Registration: create an account on Fidealis.
  2. Submission: submission of design visuals.
  3. Certification: time-stamping and secure archiving.
  4. Proof: you will receive your proof of anteriority by e-mail.

FIDEALIS allows you to protect all artistic creations with a visual representation, under copyright law with sealed registration of your creation.

How long can a design be protected?

Traditional registered design protection is valid for an initial period of 5 years, renewable for further periods of 5 years, up to a maximum of 25 years.

Design protection under copyright is automatic as soon as the creation has been completed, i.e. as soon as it carries rights linked to its own creativity.

Prior art protection with FIDEALIS proves the existence of the creation and is a matter of legal proof. Without legal proof, it’s impossible to defend your intellectual property.

How to register a trademark with Fidealis?

Fidealis facilitates trademark registration with its network of expert attorneys:

  1. Administration: FIDEALIS account opening and trademark availability check.
  2. Preparation: the chosen lawyer prepares the trademark application with you
  3. Filing: submission of the trademark file.
  4. Receipt: obtaining a registration certificate
  5. Title: after 2 months you receive your trademark title.
How long does trademark protection last?

A trademark is protected for 10 years, renewable indefinitely.

What are the advantages of working with Fidealis?

Fidealis offers :

  • Personalized support from experts.
  • Fast, secure online service.
  • Certificates valid for life, in particular for prior personal possession in the event of patent refusal.
  • International legal recognition.