test
Search publications, data, projects and authors

Book

English

ID: <

10670/1.q3zk8r

>

Where these data come from
Patents, a protection strategy? Strategies for change, Innovation and transformation of organisations, O. Meier et al. coord., Dunod, 160 pages, 2013

Abstract

National hearing The patent is a ‘title granted by the State which confers on the holder an exclusive right to exploit the invention which is the subject of it’ (Chavanne and Burst, 1993, 25). In other words, it can be defined as a competitive advantage granted to the inventor (or his successor in title) who then enjoys the exclusive right to exploit his invention directly or indirectly (Breesé 2002). By excluding third parties from the economic use of the invention, it enables the innovator to take ownership of the innovation while disseminating technological information on the invention (The Netherlands and Mothe 2010). It should be borne in mind that publication of the patent is the counterpart of the protection. The patent system has therefore been conceived as a means of stimulating innovation by protecting against imitation and at the same time promoting the dissemination of technical information. In this approach based on an exclusionary role from the patent, the owner is both the inventor, the producer and the distributor. Beyond this primary exclusionary function, it is now widely recognised that patent is not a mere legal instrument but a policy tool with a variety of uses: “as if the patent was becoming less and less a tool to protect innovation and increasingly a tool to block innovation by rival firms” (The Netherlands 2002, 4). The importance of strategic motives leads to a more intensive exploitation of the patent (Corbel 2005, Lallement 2008). The new determinants of filing no longer appear solely to be linked to the desire to maintain freedom of exploitation, but also to put pressure on rival firms, to better negotiate industrial property rights (in particular through licences), to establish collaborations, or to have a legal tool in the event of disputes (Corbel 2011, The Netherlands 2002). The management of the invention protected by the patent has therefore become more complex. In this context, the aim of this research is to capture the different strategic roles attributed to the patent and to show how they are involved in the implementation of an industrial property (IP) strategy, even at the heart of the overall strategy. The focus is on the implementation of these roles during the different stages of patent management. To that end, we rely on Danone, the world leader in fresh dairy products, whose clearly oriented IP strategy is based on the combined use of various patent functions.

Your Feedback

Please give us your feedback and help us make GoTriple better.
Fill in our satisfaction questionnaire and tell us what you like about GoTriple!