What are the limits to the right to prohibit?
What rights does a patent confer?
Practical sheet REF: FIC1634 V1
What are the limits to the right to prohibit?
What rights does a patent confer?

Author : Laurence LOUMES

Publication date: June 10, 2022 | Lire en français

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5. What are the limits to the right to prohibit?

As the monopoly granted to the patent owner derogates from the principle of free competition, it has several limits.

5.1 Authorized acts due to their purpose

Certain acts, listed at article L. 613-5 du CPI , are authorized but outside the patentee's scope of intervention, and must be tolerated.

  • The patent owner cannot oppose acts carried out privately and for non-commercial purposes (these two conditions being cumulative). The use or reproduction of an invention to satisfy a personal need therefore does not constitute infringement.

  • Acts relating to...

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