3. What rights are granted on the patent?
Independently of the rights conferred on the invention by the patent, the title itself constitutes an object of ownership.
Indeed, the legal nature of patent rights is a form of ownership conferring on its holder exclusive power over a thing – the claimed invention – and consisting of two prerogatives ( article 544 du Code civil ):
the right to exploit it and reap the rewards (subject to the remarks set out in the section entitled "A monopoly of exploitation is not the freedom to exploit");
the right to transfer it.
In this context, the patent holder enjoys considerable freedom.
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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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