4. Take appropriate protective measures
The measures to be taken depend on the nature of the innovations or assets to be protected, and are also part of strategic thinking.
So, in the presence of a patentable invention, it is essential to first consider the type of protection desired. This may seem a strange prerequisite, since if the invention is patentable, patent protection seems the obvious choice. However, this is not necessarily the best solution. Indeed, since the counterpart of patent protection is the disclosure of the invention, and its eventual entry into the public domain, it may in some cases be worth opting for secrecy.
Secrecy, if it is preserved and cannot be reverse engineered by third parties, can therefore be a more effective and longer-lasting form of protection. The company can also opt for both patent and secrecy, by not disclosing the optimum way of realizing...
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Take appropriate protective measures
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Bibliography
Propriété intellectuelle : faits et chiffres de l'OMPI 2016 Author : OMPI | Year of publication : 2016
Regulations
Authors
Sheet initially drafted by Laurence Tellier Loniewski, lawyer, and Virginie Brunot, lawyer at the Paris Bar, graduate of CEIPI patents, trademarks, designs and models, Lexing Alain Bensoussan Avocats – first publication: 2017
Websites
Institut national de la propriété industrielle (INPI)
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...
Glossary (in French law)
Invention patents
Industrial property title issued by the Director of the Institut National de la Propriété Industrielle which confers on its holder or his successors in title an exclusive right to use a patentable invention that is new, has an inventive step and is capable of industrial application.
Patent law is governed by Book VI of the French Intellectual...
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