Mistakes to avoid
Can we patent everything?
Practical sheet REF: FIC0631 V1
Mistakes to avoid
Can we patent everything?

Author : Michel ABELLO

Publication date: September 10, 2012 | Lire en français

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6. Mistakes to avoid

Don't rush into patent protection. In short, the further removed a product or service is from a practical application of traditional science and technology, the less likely it is to be patentable at first sight. However, when faced with an innovation that appears to involve both technical and non-technical aspects, an examination of the case by a patent law specialist is always advisable before ruling out patent protection. There are two main reasons for this:

  • the boundary of technical character is both complex and evolving;

  • but above all, the "right of repentance" is very limited by the requirement of absolute novelty. Thus, by the time exploitation of the invention has begun, all or part of its content has generally been revealed, which can definitively close the door to patent protection. The decision...

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