Overview
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Read the articleAUTHOR
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Virginie BRUNOT: Member of the Paris Bar, graduate of CEIPI Patents, Trademarks and Designs, Lexing Alain Bensoussan Avocats
INTRODUCTION
Exceptions in terms of "non-inventions" include scientific theories, marketing methods, aesthetic creations and computer programs, which are not considered "inventions" as such.
This concept may be the subject of debate or of divergent positions depending on the country and the office: this is particularly true of computer creations, which may or may not be considered patentable inventions, depending on the case.
However, inventions involving these "non-inventions" can still be protected, provided that the reasons for and scope of these exclusions are known, and that certain rules of presentation are respected.
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Scientific theory, marketing methods, software... What can be protected?
Is it possible to patent a scientific discovery, method or theory?
Bibliography
Guidelines for examination at the European Patent Office, 11-2016, EPO
Grant procedure, Patent and utility certificate guidelines, 5-2016, INPI
"In court – After Bilski", R. Randall Rader, WIPO Magazine , 12-2010
"Alice v/ CLS Bank: the Supreme Court of the United States of America establishes a general...
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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. 611-10;
article L. 611-16 10
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