1. What are the general principles governing the patentability of living organisms?
Although the legislator does not provide a definition of invention, he does lay down the principle that any new invention involving an inventive step and capable of industrial application may be the subject of "an industrial property title (...) which confers on its holder an exclusive right of exploitation" (
articles L. 611-1
and
L. 611-10 1 du Code de la propriété intellectuelle [CPI]
).
However, in addition to "non-inventions" (see What is patentable?
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What are the general principles governing the patentability of living organisms?