Hire the best patents right lSolicitor in Bazar Road
A patent lawyer is competent to assist his clients (individuals, SMEs, large companies) in filing a patent application for a product or process with the aim of obtaining an exclusive right from an industrial property office (the INPI in France).
The role of a patent is to claim an innovation and to protect its owner against any illegal use of his creation or in case of counterfeiting. It is an industrial property title. Once the patent is filed, the owner is free to prohibit any exploitation of his innovation by a third party or, on the contrary, to negotiate a partial exploitation. He is also free to sell the patent of his innovation.
The protection conferred by a patent is limited in time: 20 years from the date of filing and only in a given territory. A patent granted in France provides the owner with exclusive rights, but only at national level. If you plan to file your innovation internationally, you will need to use the Patent Cooperation Treaty (PCT) or file with the European Patent Office (EPO).
Rohit Agarwal, Advocate
Patents right solicitor
Zeus Law Firm
Patents right solicitor
Patent lawyer: training and competence
The profession of lawyer is a regulated profession. Any professional wishing to practise must hold a certificate of aptitude for the legal profession (CAPA) and be sworn in before a bar association. After four years of practice in a particular field, a general lawyer may, after passing a knowledge test, apply for a specialisation. Patent law in this case is part of intellectual property law, which more generally covers literary and artistic property, but also industrial property. This speciality includes computer and telecommunications law, design law and trademark law.
Areas of intervention of a patent lawyer
It is possible to obtain a patent for almost anything: technical and technological innovations, pharmaceutical and phytosanitary products, transport, metallurgy, etc. The only condition is that the process or product must provide a new response to a problem. The only condition is that the process or product must provide a new response to a problem. It must be an "invention" for which prior art must be proven. Although ideas, cloning processes and anything contrary to morality are not patentable, certain creations, particularly artistic ones, are covered by intellectual property. A lawyer is also involved in the analysis of patentability. That is, to determine whether what you intend to patent can be patented or not. Because an innovation is often the result of several years of work, it is rare that the ambition of its exploitation is limited to the national territory. It is also the role of the lawyer to advise his client on the formalities for filing a patent abroad. In addition, a patent lawyer in Bazar Road can take care of the drafting of contracts, negotiation of the royalty for a licence, drafting settlement agreements and defending infringement cases. Also, disputes may arise regarding the use of a patent. While litigation in such cases is most often settled by arbitration, a patent lawyer can also defend his client before the competent courts. For example, patent infringement litigation often requires a thorough technical and legal analysis, a seizure by a bailiff and may lead to the cancellation of a patent. An owner injured by the infringement of his product is entitled to claim damages.
Why use a patent lawyer?
A patent lawyer knows all the intricacies of filing, the law of the Intellectual Property Code and the case law. For example, pharmaceutical products can indeed be patented for a period of twenty years, but in order to put them on the market, a marketing authorisation is required, which is a long procedure that can take several years. For this reason, it is advisable to apply for a Supplementary Protection Certificate when filing a pharmaceutical product. A patent lawyer in Bazar Road will be able to help you with these formalities. Another special case is the filing of a patent for software. While the code and documentation for a program are copyrighted, in some cases it is possible to patent a process.
How do I get a specialist lawyer?
It is very easy to find a patent lawyer. You can either refer to a directory of intellectual property professionals or approach the relevant bar association.
When to call a patent lawyer?
Contacting a lawyer is possible at any time. For a telephone or written consultation, during the preparatory phase of an invention, to prepare the formalities for filing and obtaining a patent, to check the validity of a patent, during exploitation, during an assignment. The primary role of a lawyer is to advise, there is no need to wait until you are faced with a dispute to approach a legal professional. If legal action is taken against you, the lawyer is competent to plead before the courts.
What are the fees of a patent lawyer?
A patent lawyer charges between €150 and €300 per hour. While some professionals offer flat rates, others prefer to charge for their services on a time basis. The fees of a law firm depend on its geographical location, its reputation and also on the nature of the case. At the first meeting, a fee agreement is drawn up between the client and the lawyer to avoid any disappointment. Some legal insurances can help to cover legal costs.
Choosing a lawyer
- Rule 1: A good lawyer must listen to his client, be responsive and available, and not only during the trial.
- Rule 2: A good lawyer must be familiar with the International Patent Classification (IPC) to best assist you in filing the patent.
- Rule 3: A lawyer always acts in the interest of his client and must help him to assert his rights.
Points to raise at a meeting with a lawyer
Has the lawyer dealt with this type of situation before?
What information does the lawyer need to advise you?
If there is a dispute and legal action is taken, in which courts will it be tried?
What are the remedies if the first instance proceedings in the judicial court (ex tribunal d'instance or tribunal de grande instance) are unsuccessful: Court of Appeal, Court of Cassation?