2. Who can be a depositor? What are the conditions?
As explained above, the right to a patent belongs to "the inventor or his successor in title", i.e. the person who, through legal devolution (e.g. employee invention) or contractual devolution (e.g. assignment), is granted the right to file a patent application in his name.
Several situations are therefore conceivable.
2.1 The dealer-inventor
In some cases, the inventor and the applicant are one and the same person.
In principle, this is not a problem, as the inventor-applicant is free to decide whether or not to protect the invention, and how. If he decides to file a patent, he can exploit it as he sees fit, subject to the rights of third parties or any co-ownership situation.
However,...
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Who can be a depositor? What are the conditions?
How to claim ownership of a patent?
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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