Industrial Property Law

In accordance with the principle of unity of invention laid down in Article L. 612-4 of the Intellectual Property Code, a patent application may only include one invention, or a number of related inventions, so as to form a single general inventive concept. This principle is intended to facilitate the classification of inventions and the search for prior use. It does not preclude an inventor from  …

Unity of invention

In accordance with the principle of unity of invention laid down in Article L. 612-4 of the Intellectual Property Code, a patent application may only include one invention, or a number of related inventions, so as to form a single general inventive concept. This principle is intended to facilitate the classification of inventions and the search for prior use. It does not preclude an inventor from filing separate patents, even for inventions falling within the same inventive concept.

In application of the principle, a patent claim may not contain several independent claims falling into the same category (product, process, device or use)  unless its subject matter cannot be adequately covered by a single claim (Article R. 612-18, para. 1, IP Code), or if it relates to several related products, different uses of a product or device, or to alternative solutions to a particular problem insofar as these solutions cannot be adequately covered by a single claim (Article R. 612-17-1 IP Code). On the other hand, a claim setting out the essential features of the invention may be followed by one or more claims relating to particular ways of implementing the invention (Article R. 612-18, al. 2, IP Code).

A patent application covering unrelated inventions must be divided into several applications, in accordance with the procedure set out in Articles R. 612-33 to R. 612-35 of the Intellectual Property Code. Divided applications benefit from the filing date and, where applicable, the priority date of the initial application (Article L. 612-4 IP Code). If the claim is not divided, it will be denied (Article L. 612-12, 2° IP Code).

On the other hand, one application may contain several independent claims from separate categories.

Industrial Property Law

274. Unity of invention

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Les notions juridiques connexes

274. Unity of invention

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise