Can I freely exploit my patented invention?
What rights does a patent confer?
Practical sheet REF: FIC1634 V1
Can I freely exploit my patented invention?
What rights does a patent confer?

Author : Laurence LOUMES

Publication date: June 10, 2022 | Lire en français

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2. Can I freely exploit my patented invention?

The right to a patent confers on its owner a monopoly enabling him to prohibit third parties from using the patented invention for commercial purposes without authorization. This monopoly should not be confused with the freedom to exploit the patented invention.

2.1 Operating monopoly is not freedom to operate

Irrespective of the granting of a patent, the patent holder may be restricted or, on the contrary, obliged to exploit the invention.

Indeed, the exploitation of the invention may be limited by other legal or administrative rules on the one hand, and by the rights of third parties on the other.

In the specific case of medicines, the holder of an issued patent for a medicine will not be able to exploit his...

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