1. What is the scope of the right conferred by a patent?

A patent is an industrial property title issued by the Director of the Institut National de la Propriété Industrielle, which confers on its holder an exclusive right to use the invention ( article L. 612-21 du Code de la propriété intellectuelle (CPI) ) on French territory and for a limited period of time (up to 20 years from the date of filing: article L. 611-2 CPI – see Temporal scope of protection: starting point and duration).

This exclusive right is a negative right, a right to prohibit. In other words, it excludes those who do not own or license the patent from its benefits, and in particular from...