Article | REF: NM8030 V1

Nanotechnologies and patent law

Author: Stéphanie LACOUR

Publication date: January 10, 2010

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3. Critical exploitation of patents

There are many criticisms of an industrial property system based on patents being granted too widely, without any real examination of the conditions for patentability and the intrinsic qualities of the invention. For the most part, they materialize in the analysis of patent exploitation. Indeed, it is on the basis of this exploitation that we measure the real interest of the patent granted, not only for the patentee, but also for society as a whole.

In French and European law, the person, whether natural or legal, who files the patent application is not necessarily the inventor, and the links between the inventor and the patent title are in reality very distant, with the whole patent system focused on the rights of the first applicant (unlike the system in force in the United States, for example, which leaves the inventor a pre-eminent...

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Critical exploitation of patents