Patent protection and licensing regulations in France

In France, the process of securing and utilizing technological patents involves strict legal frameworks for both filing and licensing. To obtain a patent, an invention must meet three cumulative criteria: it must be new, involve an inventive step that is not obvious to a professional in the field, and have industrial applicability. Patents grant an exclusive right to exploit an invention for a set period, typically twenty years, in exchange for public disclosure of the technical solution.

When a company seeks to use technology owned by a third party, it must enter into an exploitation license. Under Article L. 613-8 of the Intellectual Property Code, these licenses must be formalized in writing. A robust license agreement must clearly define the specific patents involved, the permitted territory, the duration of use, and the technical obligations of the parties. Furthermore, registering the license with the INPI (National Institute of Industrial Property) is necessary to ensure the agreement is enforceable against third parties. These agreements also establish royalty structures and define the limits of the licensee's rights to prevent infringement.