Device invention
Definition : Device invention
A device invention is an invention relating to a material object, an apparatus, a machine or an arrangement of technical means cooperating to obtain a result. It belongs to the category of product inventions, as opposed to process inventions and application inventions. The device invention is the most common form of invention in mechanics, electronics, medical devices and capital goods.
The characteristics of the device invention
First, the device is defined by its structural features: its constituent elements, their arrangement and their functional relationships. Second, it may be new in itself or result from a new combination of known means. Third, it must, like any invention, be new, involve an inventive step and be susceptible of industrial application, in accordance with Article L. 611-10 of the French Intellectual Property Code, available on Légifrance. The device may be claimed by its structural features or, within certain limits, by its function or by the process by which it is obtained.
The protection of the device invention
A device patent confers absolute protection over the claimed object, whatever use is made of it. The holder may prohibit the manufacture, offering, placing on the market, use, importation and stocking of the device. Infringement requires the reproduction of all the essential features of the claim, identically or by equivalence. Reproducing only part of the device does not constitute infringement, unless that part is itself claimed or the supply of that element constitutes indirect infringement.
Key points
In practice, the value of a device patent depends on the drafting of its claims: an independent claim limited to the essential features offers broad protection, while dependent claims provide fallback positions. Infringement of a device is generally proven through a saisie-contrefaçon and analysis of the competing product. The firm acts in these disputes, as presented on the page bringing a patent infringement action.
A device concerns an apparatus or a technical arrangement. A product invention is a broader category that also includes substances and compositions.
This glossary entry is general in scope and does not constitute legal advice.
Dhenne Avocats litigates patent disputes before the Paris Judicial Court, the Paris Court of Appeal and the Unified Patent Court. Where the question arises in a real case, the useful moment is almost always before proceedings are issued.
Patent litigation · Unified Patent Court · UPC case law · Tell us about your situation