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French Patents (in French 'Brevets') - a brief overview

In its articles L 611-10 et seq the French Code of Intellectual Property does not define which inventions might receive the protection of a patent, but it sets out the characteristics thereof.

The invention must be novel i.e. not comprised in the current state of the art which is defined notably as publicly available information prior to the date of the filing of the patent application.

The invention must have an inventive characteristic i.e. it must not flow self-evidently from the technical state of the art for someone working in the particular field considered ("person of ordinary skills").

The invention must be capable of being applied to an industrial use and this would include, notably, agriculture but exclude surgical procedures carried out on the human body.

The following list, which is not exhaustive, would normally be excluded from inventions which might be patented.

   - scientific and mathematical discoveries
- esthetical creations
- computer games and programmes
- inventions which are held to be immoral or contrary to public order
- parts of the human body and their products

The foregoing is not intended to be exhaustive and for specific information relating to French Patents, please click here  

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