When a contract mentions a patent, it is important to use the correct number to avoid any ambiguity. The same title can have several references, and not all of them are necessarily relevant in a legal document. Here is the rule to follow to choose the clearest and most useful number according to the situation.
📌 When the patent is granted
The number to indicate is the grant number. It is the one that officially identifies the patent in force in a given country and allows its legal scope to be easily consulted.
Example: FR2941254B1 for a French patent, EP2211000B1 for a European patent.
📌 When the patent application is still under examination
The right choice is the publication number. It refers to the version made public, accessible in the patent offices’ databases.
Example: FR2941254A1 for a French patent application or EP2211000A1 for a European patent application.
📌 When the patent application has not yet been published
Before publication (generally 18 months after filing), only the administration knows the content of the application. The document is then identified only by its filing number.
Example: FR0950366 for a French patent application or EP10151226.7 for a European patent application.
In this case, since your partner cannot consult the application, it is necessary to attach the complete document to the contract.
📌 If the invention is protected in several countries
You must indicate the number corresponding to each national protection. This is essential to clearly define the scope of the rights concerned.
At Argyma, we support companies on a daily basis in drafting and securing their contracts related to industrial property. Do you have a question about your patents or your contractual agreements? We are here to help you.