Patent where copyright ???

Current Economy and Sustainable Development-compatible? GDP growth (at all costs), economic development, inflation ... How concillier the current economy with the environment and sustainable development.
Grald
I learn econologic
I learn econologic
posts: 27
Registration: 06/06/06, 16:59
x 8

Patent where copyright ???




by Grald » 05/04/07, 17:38

Hello,

I'm not sure if I'm in the right section but a question bothers me, what to choose: patent or copyright (for technical innovations) ???

On the site http://droitsdauteur.free.fr/ I put everything I could glean right and left on this subject

Of course, my preference goes to copyright, but since I am not a pro at this thing, it is possible that my enthusiasm is wrong.
If there are competent people or users of patents or copyrights (for technical innovation), I would be happy to hear your opinion. I think a lot of people will be interested in this topic forum of creative.
0 x
Christophe
Moderator
Moderator
posts: 79117
Registration: 10/02/03, 14:06
Location: Greenhouse planet
x 10972




by Christophe » 05/04/07, 18:03

Technical innovations are exclusively protected by invention patents.

Copyright is reserved for artistic creations (for example).

A copyright is worth nothing against a patent. Many sites abuse the general public's lack of knowledge of intellectual protection to sell "bogus" protection.

ps: I applied for a patent in 2003 so I know (a little) what I'm talking about ...
0 x
ThierrySan
Éconologue good!
Éconologue good!
posts: 406
Registration: 08/01/07, 11:43
Location: South West




by ThierrySan » 05/04/07, 18:52

On the other hand, when it is a technical innovation in IT, ie purely software, it is subject to Copyright.

However, if technical innovation in computer science reveals other technical points: for example, the development of a system comprising a hardware part and a software part, I believe that it can be subject to a Patent. However, I may be wrong. Perhaps each innovation must be protected by its field of application ...

If I say that, it is to try to supplement the original information, in order to better target the fields of action of the two types of protection. Therefore, do not hesitate to complete or modify my info !! : Wink:
0 x
Grald
I learn econologic
I learn econologic
posts: 27
Registration: 06/06/06, 16:59
x 8




by Grald » 05/04/07, 19:40

It is true that a priori, copyright has nothing to do with the protection of a technical innovation (? Which is part of the hardware?) ... but it would seem that by the tape it has its utility ... if only then preventing anyone from filing a patent, using or distributing maps, etc.

For a great idea, maybe the patent is the best, but for all the small innovations, taking a patent is too ruinous, many prefer to remain silent and it's really nutty.

The stroke of copyright is not so simple to practice, it obeys rules to be respected (quite a few are on the site), the whole is to know the efficiency in justice ??? I know that lawsuits (copyright protecting a technical innovation) have been won, but how many have been lost ???
0 x
Pierre-Yves
I understand econologic
I understand econologic
posts: 120
Registration: 06/12/07, 17:13
Location: Rennes-Quimper




by Pierre-Yves » 02/02/09, 14:42

I am confused ! A few weeks ago, someone (sorry, I don't remember who!) Gave the reference of an INPI document entitled "Warning on industrial copyright".

Since then, I found this funny little comic which speaks of "probationary deposit" and which denounces patents in a rather virulent way:

http://www.canal-invention.com/bd-maternelle.html

Who to believe?
0 x
optimization, energy savings
http://www.avel-vor.fr
User avatar
Remundo
Moderator
Moderator
posts: 15992
Registration: 15/10/07, 16:05
Location: Clermont Ferrand
x 5188




by Remundo » 02/02/09, 15:46

Hi Pierre-Yves,

Surely you want to talk about this?
http://www.inpi.fr/fileadmin/mediathequ ... vet_DA.pdf

It is an eternity of the INPI aiming to systematically divert the inventor from his copyright to be gently caught in the legal-financial gear of the patent ...

I am not a lawyer, but I have been studying the issue for more than 2 years on time ... I think I am not an idiot and understand French ... This is what I think.

INPI wrote:The protection conferred by copyright and that conferred by the patent for invention each have a very specific object.

TRUE (Lapalisse truth)
INPI wrote:Only the patent makes it possible to prohibit third parties from the unauthorized exploitation of an invention, and its issue for France is the monopoly of the INPI.

FALSE for only the patent.
TRUE for the patent monopoly (jealously claimed and insidiously presented as the only possible route ...)
INPI wrote:"AMPI" and "PICB" are not official titles
TRUE: a legal deposit is required with a State agent (notary or bailiff for example).
is not their deposit which confers copyright.

TRUE is the legal deposit ...
They possibly only constitute proof of a creation date,
but are offered for very much higher amounts
other existing proof methods (Soleau envelope, deposit
at a bailiff…).
We are coming ... : Cheesy:

In conclusion.

1. The INPI has the patent monople, but not the monopoly of intellectual protection, and even less that of intellectual property, even if intellectual works are of an industrial nature, car ...

2. Patent and copyright are complementary, the DA includes the patent, which is only a "figure of speech" intended to finely describe a technological content and obtain a technical priority only from the point of view of the preceding patents (therefore not absolute priority ...)

The patent then became a powerful legal and financial instrument for large groups who trap themselves in their own game ...

see An example and recent comments

What I say is described in the CPI, from book I:

Article L111-1 of the Code of Intellectual OWNED (copyright)
The author of a work of the spirit enjoys on this work, the mere fact of its creation, an exclusive right to intangible property and binding on all.

Art. L. 112-1. The provisions of this code protect the rights of authors over all works of the mind, whatever their genre, form of expression, merit or destination.

Art. L.112-2. Are considered especially as intellectual works under this code:
1 ° Books, pamphlets and other literary, artistic and scientists ;
2 ° Lectures, addresses, sermons, pleadings and other works of the same nature;
3 ° Dramatic or dramatic-musical works;
4 ° Choreographic works, circus acts and tricks, pantomimes, whose implementation is fixed in writing or otherwise;
5 ° Musical compositions with or without words;
6 ° Cinematographic works and other works consisting of animated sequences of images, with or without sound, together referred to as audiovisual works;
Works of drawing, painting, architecture, sculpture, engraving and lithography;
8 ° Graphical and typographical works;
9 ° Photographic works and works produced using techniques analogous to photography;
10° The works of applied art;
11 ° Illustrations, geographical maps;
12° Plans, sketches and plastic works relative to geography, topography, architecture and science;
13 ° The software, including the preparatory design material;
14 ° The creations of the seasonal industries of dress and adornment. Are deemed seasonal industries of dress and adornment industries, due to the fashion requirements frequently change the form of their products, including sewing, fur, lingerie, embroidery, fashion, footwear, gloves, leather goods, manufactures of high novelty or special fabrics for haute couture, the productions of PARURIERS and shoemakers and factories upholstery.

Book VI of the ICC

Art. L. 611-1. any invention peut be an industrial property title issued by the Director of the National Industrial Property Institute that gives its holder or his successors in title an exclusive right of exploitation.
-----------
: Idea: In law, can means "it is possible to". The protection of industrial works is not exclusively a patent.

If this were the case, article L611-1 should be amended by replacing may with "must", which in legal terms means obligation. : Idea:

@+
0 x
Image
User avatar
Remundo
Moderator
Moderator
posts: 15992
Registration: 15/10/07, 16:05
Location: Clermont Ferrand
x 5188




by Remundo » 02/02/09, 16:18

Do you want to laugh?

Read this
http://www.zdnet.fr/actualites/telecoms ... 570,00.htm

: Cheesy: The INPI flouts the copyright of D Base III software, is accused and sentenced for counterfeiting, then hypothetically Secretly negotiates deal to avoid exposure to powerful copyright wrath : Cheesy:
0 x
Image
User avatar
Remundo
Moderator
Moderator
posts: 15992
Registration: 15/10/07, 16:05
Location: Clermont Ferrand
x 5188




by Remundo » 02/02/09, 16:31

And finally, by being more serious ...
http://www.culture.gouv.fr/culture/info ... ection.htm

Government official website wrote:The grant of legal protection is conferred on the author by the simple fact of the creation of a work of the mind and is not subject to the completion of administrative formalities for filing Or other. Thus, the rules governing legal deposit have no influence on the birth of copyright.

However, the existence of a deposit or a registration may, in the event of litigation, be such as to facilitate proof of paternity and the date of creation of the work.

To this end, the author can deposit his work:

at a bailiff or notary;


[]
Copyright protection should not be confused withother protection systems that have another purpose and fall under another legal regime.
These include:

- industrial property rights which include the law of patents, trademarks, designations of origin and designs [Note from Remundo: the bottom of trade of the INPI] which obey the regimes defined in the second part of the code of the intellectual property.
- personality rights such as the right to respect for private life, honor, reputation, image which come under the rules of civil law.
However, these different modes of protection can be exercised cumulatively.
0 x
Image
Pierre-Yves
I understand econologic
I understand econologic
posts: 120
Registration: 06/12/07, 17:13
Location: Rennes-Quimper




by Pierre-Yves » 02/02/09, 18:12

Remundo

EXTRA !!!!! thank you for your documented response. I feel like I'm going to use copyright!

One (last?) Question: you have filed a patent for SPRATL. In which specific case (s) do you think it is preferable to Copyright?

Pierre-Yves
0 x
optimization, energy savings

http://www.avel-vor.fr
User avatar
Remundo
Moderator
Moderator
posts: 15992
Registration: 15/10/07, 16:05
Location: Clermont Ferrand
x 5188




by Remundo » 02/02/09, 22:11

I'm still filing for a patent. In addition, I publish on several forums to attest dates and description of ideas.

My copyright consists of these publications. Thereafter, and as soon as I have a proto at hand presentable, I make my probative deposit of quality of Author with a materialization of the invention.

When you have a creation with a high technological content, it is always good to make yourself known to ask for a patent because the uses want that the technological watch be done on the INPI / WIPO databases.

this also makes it possible to situate oneself in relation to the state of the art made by the Examining Engineer.

There is enough to talk for hours, to sum up, the winning combination is patent + DA with predominantly DA for the SME or the small inventor (I am both at the same time : Cheesy: )

This is Pierre-Yves. 8)
0 x
Image

Back to "Economy and finance, sustainability, growth, GDP, ecological tax systems"

Who is online ?

Users browsing this forum : No registered users and 169 guests