1. First, consider the territorial scope of the patent.

A patent is an industrial property right that protects an invention in a given geographical area. In principle, the protection obtained is limited to the territory of the State in which the application was filed. For example, a French patent issued by the INPI protects the patented invention on French territory, whereas the effects of a German patent are limited to Germany.

The European patent – issued by the EPO – is the result of a cooperative venture between states, which has the particular advantage of centralizing the examination and grant procedure for 38 European countries ( les « États membres de l’Organisation européenne des brevets » ). Once granted, the European...