Emmanuel Potdevin (CNCPI): “A patent is both an asset and a weapon”

Leaders League: Does France have a strong patent-protection culture?
Emmanuel Potdevin: Frankly, no. We’re in a country that chronically under-protects them. The culture of patent protection is still very weak compared to other European countries such as Germany. For a company to file a patent, its managers need to be aware of the issues, include them in their strategy and devote a budget to them. Last year, 15,458 French patent applications were filed in France. This figure has stagnated for years. It is even down by 0.7% compared with 2023. What’s more, in 2023, half of these filings were made by just twelve major French companies working in the automotive, luxury goods, aviation and defense sectors. This means that the number of depositors remains low. If we don’t improve the situation, we risk the gradual paralysis of our technology, as their exploitation will be blocked by foreign applicants.

Does the more litigious culture of the USA explain why Americans file more patents than Europeans?
Patent litigation may seem spectacular, but it’s just the tip of the iceberg. In reality, patents also function largely as a deterrent. Anyone can find out about them, since they are published. A company’s competitors have to respect them. The mere fact that a company has a portfolio of patents gives it a visible competitive edge. As for litigation, it works just as well in France as it does in Europe, thanks in particular to the establishment of the Unified Patent Jurisdiction.  
Is protection in America, Asia and Europe similar for foreign companies?
Since the end of the 19th century, the Convention de l’Union de Paris has enabled all depositors to protect themselves abroad with the same rights as a company in the target country. This system, which is still in force, is remarkable. However, the budgetary issue remains unavoidable. Many countries have introduced financial incentives to encourage their industries to register patents, hence the importance of French tax incentives to encourage companies to take advantage of this opportunity.

The mere fact that a company has a portfolio of patents gives it a visible competitive edge

How much does a patent application cost?
As a patent is both an asset and a weapon, it’s important to see the cost of applying for one as an investment, so the expected benefits must be assessed. It varies according to the importance of the innovations and their complexity. On average, it costs between €5,000 and €10,000 to file a patent in France (patent price plus attorney’s fees or payroll of in-house patent specialist). The cost of a European patent varies between €10,000 and €20,000. More extensive coverage costs between €50,000 and €100,000, depending on the number of countries chosen. Then there are the annual fees for maintaining the patent in force, which can last for 20 years.

What advice do you have for startups as far patenting is concerned?
There is an unfortunate tendency by French companies not to put the results of their R&D in the figurative safe that is intellectual property. Remember that a patent prohibits third parties from exploiting an innovation, so it’s a powerful tool. We advise companies that already have a portfolio to maintain it or, if not, to clean it up, either by reducing the number of countries targeted, or by abandoning certain old patents in order to alleviate the maintenance-fee budget.

As far as startups are concerned, whatever happens, filing one or more patents is a necessity, not least as it signals that your business is innovative. Startups are often bought out because of this portfolio, and it also counts when they go to raise funds. Patents are a long-term investment, and a company’s very survival may depend on the quality of its patent strategy.