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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Can I freely exploit my patented invention?
What rights are granted on the patent?
Bibliography
Also in our database
Bibliography
N. Binctin, Manuel Droit de la propriété intellectuelle , LGDJ, 6th ed. 2020.
J. Passa, Droit de la propriété industrielle , tome 2, ed. LGDJ, June 2013.
M. Vivant, Le droit des brevets, Connaissance du droit , 2 e ed. Dalloz, 2005.
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