1. What is know-how?

In practice, the notion of "know-how" generally encompasses tricks of the trade, processes, manufacturing formulas and trade secrets, as well as innovations that cannot be protected by patent law, such as discoveries, scientific theories and mathematical methods, plans, principles and methods, such as management methods, teaching methods, etc., and in general all innovations that are not sufficiently inventive to be patented.

However, the notion of know-how is not necessarily incompatible with the notion of patentable invention: a company can include in its know-how an invention that meets the conditions for patentability, but for which it does not wish to file a patent, in order to keep it secret.

French legislation has not specifically defined or regulated know-how, despite its reality and economic value. Some European and international...