La stratégie de Propriété Industrielle est un actif fort

finger, pointing, hand, black and white (CCO, Kevin Sequeira)
Votre stratégie Brevet vaut le coup de faire un point!!

(au même titre que votre portefeuille brevets)

Tout le monde a entendu parler de TESLA abandonnant tous ces brevets dans le domaine de la voiture électrique. Que nous dit-il? Catch me if you can… Je cours plus vite que toi, j’irai toujours plus vite que toi et donc je peux te donner accès à mes brevets car je serais toujours en avance. Quel message! Quelle stratégie aussi! Sans aller jusque là (encore, c’est à vous de voir), il est fondamental d’avoir une stratégie de Propriété industrielle.

Juste un petit rappel

La propriété industrielle est l’une des composante de la propriété intellectuelle., l’autre composante étant le droit d’auteur.
Je ne reviendrais pas sur les critères d’éligibilité (utilité, nouveauté, non-évidence, entrant dans le champ des objets brevetables du pays). Je rappellerai juste qu’on distingue 2 types de brevet: le brevet de produit et le brevet de procédé.

Votre stratégie PI,  un vrai actif

Face à un nouveau produit/procédé, la question de la brevetabilité revient souvent. Cependant, une entreprise doit toujours s’intéresser à sa stratégie Brevet avant d’agir. Oui, un brevet coute de l’argent. Et même peut en couter beaucoup selon la durée, les pays couverts etc… Il est important:

  1. D’édicter des règles connues de tous,
  2. De décider si on brevette ou non
  3. De décider le champ d’application des brevets

En clarifiant votre stratégie vous pourrez ainsi aligner vos collaborateurs à votre stratégie et mettre en place les actions nécessaires.

Quelles sont les options stratégiques?

En terme de propriété industrielle il n’y a pas des milliers de possibilité:

  • je dépose un brevet sur mes inventions et je les protège sur les marchés et les applications qui m’intéressent (dans mon champ actuel mais également futur d’activité): C’est par exemple la stratégie de Alcatel-Lucent, premier déposant de brevet en France.
  • je garde secret, je ne dis surtout rien et je m’assure de la confidentialité autour des données de mon invention: c’est par exemple la stratégie historique de Michelin.
  • je publie, dans un magazine en vue de mon domaine si je veux communiquer sur mon invention ou dans une obscure revue si je veux maintenir un certain anonymat autour de mon invention.
  • Je fais un mix des trois selon la situation

Chaque stratégie a ses avantages et ses inconvénients. Déposer coute parfois cher mais protège parfaitement (en dévoilant notamment le moins possible de la technologie) si on n’oublie aucun pays et que le brevet est bien écrit. Garder secret est bien entendu gratuit mais peut se révéler dangereux si un concurrent dépose un brevet… Par contre, par essence, aucune information n’est publiée. Publier enfin ne vous coutera en général rien ou pas grand chose tout en vous permettant d’utiliser la technologie et en empêchant un concurrent de déposer lui-même (antériorité de la publication).

Est-ce vraiment tout? Y-a-t-il d’autres solutions?

La question du brevet est la base de la PI. Malgré tout, il existe d’autres moyens, plus sioux et nécessitant une maîtrise plus poussée mais qui peuvent permettre d’optimiser sa protection:

  1. Les modèles d’utilité
    Peu (pas) connu ils ont la même utilité que les brevets. Plus de
    30 pays ont recours à ce modèle, d’autres appellent cela brevet d’invention. Ils sont généralement applicables pour des inventions techniquement simples ou limitées dans le temps. Les conditions d’attribution sont moins complexes que pour un brevet mis varient selon les pays.
  2. Les modèles et dessins industriels
    Pour moi un des leviers les plus sous-utilisés pour protéger les inventions techniques… c’est un truc d’artistes ai-je entendu (ce qui serait plus du droit d’auteur mais bon)… Pourtant, il y a plein de choses à faire pour vous protéger avec les modèles et dessins. On protège ainsi les éléments fondamentaux pour le succès du produit. On ne peut pas au travers d’un dessin et modèle protéger une fonction technique… du moins pas directement mais en étant un peu filou 😉
  3. Les marques, noms commerciaux… peuvent également être une source de protections et doivent en tous les cas être déposés.

Les bénéfices d’une stratégie claire

Ils sont bien entendu nombreux mais le principal est la prise en compte par tous les acteurs de l’entreprise de la composantes propriété industrielle dans leur actions. Et c’est déjà énorme. cela permet également de mettre en place un processus pour traiter la propriété de vos inventions et ainsi de s’assurer qu’elles seront toutes évaluées.

Peu importe la solution qui est choisie, elle dépend des activités, du marché, de la concurrence…. et de votre capacité à détecter les violations de votre propriété et ensuite à la faire respecter. Quel intérêt en effet à breveter un élément impossible à contrôler chez vos concurrents? Quel intérêt à breveter si vous ne pouvez pas vous permettre de faire valoir votre propriété?

Le tout est d’avoir une stratégie claire pour vos équipes.

Note de fin d’article: Non, je ne parle pas de l’enveloppe Soleau qui est un piège terrible lorsqu’elle est mal (et elle est souvent très mal) utilisée. Alors de principe, jamais d’enveloppe Soleau.

Ressources de Qualité (vraiment…)
Le Cours de l’UNIf sur la PI Le pdf de l’OMPI

Partagez votre expérience de la PI, laissez un commentaire.

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