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