Patenting is a daily routine for many research laboratories, particularly in the medical, pharmaceutical and industrial sectors. But did you know that other types ofinnovative companies can also be affected by this process?
Whether you are an individual or a representative of a legal entity, it is possible to register a patent with INPI (Institut National de la Protection Intellectuelle).
In fact, civil companies (GAEC, SCI, etc.) or commercial companies (SAS, SARL, SA, etc.) are able to do so. A company in the process of being formed can also register a patent. In most cases, this involves a group of individuals or legal entities, who must be represented by a common representative.
To obtain it, the patentability criteria must be met.
The invention for which you wish to apply for a patent must be a technical solution to a concrete technical problem. It must not have been patented in the past. INPI places particular emphasis on the novelty of the processes used to apply the solution, especially in the industrial sector.
Read this article to find out more about patenting opportunities to protect your technical innovations.
A patent is a form of industrial property that gives a company the right to use a product exclusively for a certain period of time.
The depositor may enjoy his invention and all profits arising therefrom while prohibiting or authorizing its exploitation by another natural or legal person.
The invention belongs to the applicant, and no one else can apply it on his or her own account without breaking the law (unless he or she has given his or her consent). If the true inventor did not file the application himself, he is not necessarily the owner of the patent.
A patent is valid for 20 years from the date of filing with INPI. Certain pharmaceutical products benefit from an extended term of up to 25 and a half years. Some patents have a shorter duration, up to 6 years.
A patent granted in France is only recognized in France. It is possible to assert patentability before other bodies in another country. You can contact the European Patent Office (EPO) or the World Intellectual Property Organization (WIPO), which has over 150 member states.
The contribution of a patent to the share capital of a company follows 3 essential and very important stages
First of all, it must be appraised by a contribution auditor to determine its fair value. Patents are part of contributions in kind, i.e. all assets other than money that can be transferred and valued in monetary terms.
More often than not, the depositor prefers to opt for a "contribution en jouissance" or a license agreement with the company, so as not to fully transfer his ownership to the company and retain his rights.
The transfer of the patent to the company's share capital must be recorded in writing in the bylaws or in a deed of contribution attached to the bylaws.
Finally, it must be registered with the INPI, on the National Patent Register.
In theory, the individual or legal entity who contributes a patent to the capital of a company is liable for income tax on the capital gain realized.
However, it is possible to benefit from favorable tax legislation allowing this taxation to be deferred until the sale, repurchase, cancellation or transfer free of charge of the corporate rights received as remuneration for the contribution of the patent.
The capital gain then benefits from a one-third deduction from the sixth year of ownership of the rights received in consideration for the contribution.
It is essential that you take all the necessary steps, otherwise the incorporation of the patent into your company's share capital will be null and void.
More often than not, they seek theassistance of a professional, particularly for the financial evaluation of the patent.
It is crucial to pay particular attention to the conditions of use of the patent, by the company or its inventor, and to the proper establishment of the rules governing the transfer of ownership.
Written by our expert Paul LASBARRERES-CANDAU
October 15, 2018
