1. What are the general principles governing the patentability of living organisms?
Although the legislator does not provide a definition of invention, he does lay down the principle that any new invention involving an inventive step and capable of industrial application may be the subject of "an industrial property title (...) which confers on its holder an exclusive right of exploitation" ( articles L. 611-1 and L. 611-10 1 du Code de la propriété intellectuelle [CPI] ).
However, in addition to "non-inventions" (see What is patentable?
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What are the general principles governing the patentability of living organisms?
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Bibliography
Also in our database
Bibliography
Joanna Schmidt-Szalewski – Caroline Rodà, Répertoire de droit européen, Brevet, 2014 (update: 2017), Dalloz.
The patentability of living matter, B. Orès, F. Paris,...
Regulations
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Code de la propriété intellectuelle
articles L. 611-10, L. 611-16, L. 611-17, L. 611-18
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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.
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