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How to Write a Patent Part 5: How much money for my invention? - By Nevisto

The price of a patent is very variable, depending on its complexity on the one hand, who would write next, and finally the country or countries where you want protection. This post is limited to the costs of preparing and filing a patent in France. The Post following address extensions country.

But have you really need to file a patent for your invention? And are you sure that your innovation is patentable, ie, it includes an innovative element not referenced in the prior art, especially the technical means are implemented to achieve the realization of this innovation: Clearly, an idea is not patentable; What is patentable, what are the technical means used to implement this idea (at least in Europe, in other countries (USA), the definition and protection rules may be different ).

If an idea is not patentable, note that it may well be protected, at least partially. In France, we have a device, the Soleau envelope , to protect designers' ideas. The Soleau envelope is mainly intended for designers, type designers, musicians, ... or even advertising), but by extension it can also partially protect an idea, or more precisely to prove the precedence of the idea. With
Soleau envelope, you can prevent people from exploiting your idea, but nobody can not forbid you to use it. For example, if a company files a patent a day after you have filed a Soleau envelope on this idea, the company can prevent everyone to exploit this innovation, except you. Big advantage of the Soleau envelope: its cost, limited to 15 euros. Do you just have to write your idea ... You can order these envoloppes directly to the website of the INPI .

If you have decided to protect your innovation patent, the first item to check is that your your innovation is patentable. This is not always the case, even if no one has had your idea before. For simplicity, we take as basic patent medium complexity, details of which takes about ten pages, and with a dozen claims.


You, As already indicated above, 3 ways, by taking the extremes to file a patent:
a) Do a search of prior art with the INPI (or other body of patent). Cheaper than a patent since there will be no fee. But, probably require the writing, even minimalist your invention by a patent office, in order to focus on what to do searches. And response times range from 8 to 12 months on average, with risk as the filing of a similar patent by a competitor, which would then anticipation for him. In short, prior art search costs a bit cheaper, with the risk of being overwhelmed, and does not protect anything ... not to mention that after this search, you may need to file the patent anyway if all goes well ... and thus repay. Also note that for any deposit of application, there is a prior art search: So you're going to pay 2 times ...

b) Prepare and file the patent yourself, which will not cost much: Count in the 500 euros for a patent in 10 pages and 10 claims, with 2 diagrams, cost varies each year (information online the website of the INPI). Beyond that, as EUR 10 per additional claim, and 20 euros per additional page, which can rise very quickly. The cost advantage is unparalleled, the disadvantage is that unless you have already written a score, and yet ... you have virtually no chance that it is retained (and as any patent is published after 12 months, all your competitors will know by this time ...)
b) Pass by a firm of patent, which will cost between 5,000 and 10,000 euros depending on the patent and law firms. The disadvantage is cost, the advantage is that if the innovation has no history, your patent has almost all the chances to be validated.

course, for a small company starting up, there are a few tips to greatly limit the costs and risks.

a) The Consulting Engineers of INPI. Engineers excercise patents primarily in the patent offices, but a few are also found in some very large companies who can afford to pay them. Each antenna INPI also at least one patent engineer, part time is available to advise the inventors. And the first thing to do when you have no way is to view them. Why make an appointment at your regional INPI antenna after writing a first jet of your innovation.
If you are a novice, already check with him or her if your idea is patentable
. No need to hire a budget so if it is not the case.
If you're a pro who has to write the patent itself, he or she will correct the errors of drafting the most frequent, which could invalidate your patent application ...
Look it so absolutely.

The PTR or technology delivery network . From this unprepossessing acronym hides a very nice surprise: your first patent for free! This free
is limited to the first patent filed by a TPE or SME, but if you're a startup and you read this post, it will probably be the case.
Attention is limited to free: There is a package for a French patent application prepared by a firm of patent 10 pages, with 10 claims. Beyond that, it pays the price with conventional
firms (on average 100 euros per additional claim, and 200 euros per additional page (compared to fees of 10 euros per additional claim, and 20 euros per extra page, but c is the intellectual work of high ...)).
But if you know your limit, you do not go above.

Other posts on the subject: *
How to write a patent Part 1: Remove the element of your innovative idea and the main claim .
* How To Write a Patent Part 2: Write how it works: The wording of the description of your invention.
* How To Write a Patent Part 3: The secondary claims.
* How To Write a Patent Part 4: Choosing the patent office.
* How to make a patent Part 6: In which countries can I protect my invention?

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