Overview
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Virginie BRUNOT: Member of the Paris Bar, graduate of CEIPI Patents, Trademarks and Designs, Lexing Alain Bensoussan Avocats
INTRODUCTION
Although, in theory, the right to a patent belongs first and foremost to the inventor, practice shows that most patents are not filed by the inventor, but by the company to which he or she belongs.
This sheet distinguishes between the rights and obligations of each party to the invention, and hence to the patent:
Who's the inventor?
Who can file a patent application?
What rights does the inventor have in relation to the applicant?
Is it possible to oppose the filing of a patent on an invention or, on the contrary, to force the owner of the right to file a patent?
What to do in the event of patent infringement?
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Inventors and applicants: who does what?
Who is the inventor? How do you identify them? What are the risks involved in naming the inventor?
Bibliography
P. Mathély, Le droit français des brevets d'invention , Journal des notaires et des avocats, 1974
J. Passa, Droit de la propriété industrielle, Tome 2 , ed. LGDJ, June 2013
AIPPI, Working Questions Rio 2015 Explanatory Note Inventorship of Multinational Inventions , C. Nguyen-Van-Yen, C. Vedel, 19-5-2015, aippi.org
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As a self-financed public institution under the supervision of the French Ministry of Industrial Property, INPI plays an active role in the development and implementation of public policies in the field of intellectual property, in support of innovation and business competitiveness, and in the fight against counterfeiting.
Regulations
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Code de la propriété intellectuelle
article L. 611-6
article L. 611-7
article L. 611-8
article L. 611-9
article L....
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