To patent, or not to patent, that is the question

Patents are negative rights: give the owner the right to exclude others from making, using, selling or importing the patented invention for the term of the patent and in the countries covered by the protection

Purpose: Support invention by providing a temporary period of exclusivity in exchange for its disclosure

Application: Anyone, not only the inventor

Patent granted. Safe now? => NO

Objections can be asserted either through oppositions (patent office) or nullity action (court), either because the patent office did not detect a weakness in the patent filing or did not correctly implement the statute, and the patent shouldn’t have been granted

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Quo vadis, IP strategy?