Chapter patent 2019
Corbel, P. « L’utilisation stratégique du brevet : similarités et différences internationales », in A. Quiquerez, Stratégies internationales et propriété intellectuelle, Larcier, mars 2019, p.144-160
Introduction :
Although they share common goals, the history of systems for protecting innovations through industrial property varies greatly from one country to another. And while several international treaties have sought to harmonize practices in this area, significant differences remain. So it is hardly surprising that companies do not use patents in exactly the same way, depending on their geographical origin. This may seem an obvious assertion, but it is not necessarily the most appropriate way of putting it. Patents have in fact become a veritable strategic tool, the complexity of which companies (and researchers) have gradually discovered. But if patenting is a strategic instrument, its use should above all vary according to the context and strategic positioning of the company. As a result, apparent national differences in patent use may reflect the strategic choices made by companies in a given country, rather than the particularities of its patent protection system. The aim of this chapter is to shed light on the main factors behind variations in patent use. We begin by showing how the patent is a complex instrument that can be used for a variety of purposes. We then present the results of a number of studies highlighting differences in patent use from one country to another, and review the main explanations put forward. We will see that some of these explanations call into question the relevance of the country as the main level of analysis. This leads us to propose a few guidelines common to companies' patent strategies, whatever their geographical origin.
Link:
Link to the book on the publisher's website