Opens in a new tab

Definition : Invention

An invention is a technical solution to a technical problem. The French Intellectual Property Code does not define it directly, but it lists what is not regarded as an invention and sets the conditions under which an invention is patentable. The invention differs from the discovery, which reveals what already existed in nature without creating it, and from innovation, which refers to the placing of something new on the market.

Exclusions from the concept of invention

Article L. 611-10 of the French Intellectual Property Code and Article 52 of the European Patent Convention exclude discoveries, scientific theories and mathematical methods, aesthetic creations, schemes, rules and methods for performing mental acts, playing games or doing business, computer programs and presentations of information. These exclusions apply only to the extent that the patent application relates to such subject matter as such. A computer implemented invention that produces a technical effect therefore remains patentable. The provisions can be consulted on Légifrance.

The conditions of patentability of the invention

First, the invention must be new, meaning not comprised in the state of the art. Second, it must involve an inventive step: it must not follow in an obvious manner from the state of the art for the person skilled in the art. Third, it must be susceptible of industrial application. Certain inventions are further excluded on public policy grounds, such as processes for cloning human beings, or by reason of their nature, such as methods of surgical or therapeutic treatment of the human body.

The categories of inventions

Legal writing distinguishes the product invention, the process invention, the application invention and the combination invention. This classification governs the drafting of the claims and the scope of protection. In practice, a single patent application often claims several categories for the same technical contribution. The firm advises companies on the protection of their inventions and defends their titles in litigation, as presented on the page patent litigation attorney.



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