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...
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Bibliography
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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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A self-financed public institution under the supervision of the French Ministry of Industrial Property, INPI plays an active role in the development and implementation of public policies in the field of intellectual property, in support of innovation and business competitiveness, and in the fight against counterfeiting.
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