Patent right

The patent right is the exclusive right of exploitation that the grant of the title confers on its owner. It differs from the right to a patent, which is the right to obtain the title. Under Article L. 613-1 of the French Intellectual Property Code, the exclusive right of exploitation takes effect from the filing of the application. Its duration is twenty years from that date, subject to payment of the annuities. The provisions can be consulted on Légifrance.

The content of the patent right

The patent right allows the holder to prohibit third parties, without its consent, from manufacturing, offering, placing on the market, using, importing, exporting and stocking the patented product, as well as from using the patented process and exploiting the product obtained directly by that process. It also allows the holder to prohibit the supply of means for implementing the invention. The scope of protection is determined by the claims, construed in the light of the description and the drawings. The patent right is an asset: it may be assigned, licensed, contributed to a company or pledged.

The limits of the patent right

First, Article L. 613-5 excludes certain acts from the protection: acts done privately and for non-commercial purposes, acts done for experimental purposes relating to the subject matter of the invention, the extemporaneous preparation of medicines in pharmacies, and the studies required to obtain a marketing authorisation, known as the Bolar exemption. Second, exhaustion of rights prevents the holder from opposing the circulation of products it has placed on the market in the European Economic Area. Third, the prior user right and compulsory licences limit the exclusivity.

Key points

In practice, the value of the patent right depends on the scope of the claims, the strength of the title against a nullity action and the holder’s ability to enforce it. The firm assists holders in the exploitation, defence and valorisation of their titles, as presented on the page patent litigation attorney.