Practical sheet | REF: FIC0629 V1

How to apply for a patent? Preparation, execution, follow-up

Author: Laurence LOUMES

Publication date: August 10, 2021 | Lire en français

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    2. Preparation: considering the legal aspects

    The natural person(s) who conceived the invention or contributed to its design is/are the inventor(s). These persons have a moral right to be named in the patent. In France, if the designation of inventors has not been finalized at the time of filing, it can still be completed within 16 months. In some legislations (United States, Europe), inaccurate designation of inventors, by omission or excess, may be sanctioned by invalidation of the patent.

    The patent holder, i.e. the natural or legal person(s) who benefit(s) from the monopoly conferred by the patent (i.e. the patent owner(s)), is not necessarily the inventor. For example, in a company where the inventor is an employee whose job involves an inventive mission (researcher, design office engineer, etc.), or where the invention results from a one-off mission explicitly entrusted to an employee, the patent and...

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