What rights does a patent confer?
Practical sheet REF: FIC1634 V1

What rights does a patent confer?

Author : Laurence LOUMES

Publication date: June 10, 2022 | Lire en français

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Overview

Read this article from a comprehensive knowledge base, updated and supplemented with articles reviewed by scientific committees.

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AUTHOR

  • Laurence LOUMES: Ph.D., patent attorney, engineer and CEIPI patent graduate, Plasseraud IP

 INTRODUCTION

A patent is an industrial property title issued by the Director of the Institut National de la Propriété Industrielle (INPI).

A company's true intangible asset, a patent confers on its holder an operating monopoly on the patented invention for a maximum period of 20 years (possibly extendable via a supplementary protection certificate, SPC, for patents relating to the active ingredient of a medicine or a plant protection product).

Irrespective of the economic value it represents, a patent enables its owner to protect his innovations, stand out from the competition, generate income and take action against potential infringers.

This sheet aims to :

  • define the scope of the protection afforded by the grant of a patent ;

  • clarify the rights conferred by the operating monopoly ;

  • identify the acts which the patent owner may prohibit and those which he may not oppose.

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