Patent, trade secret, or other form of protection: a tough choice

The patent was established during the French Revolution to protect inventions—referred to as the “source of the arts”—and their improvements. “If there is one true property a man possesses, it is his thought,” argued Chevalier de Boufflers in his report to the National Assembly on December 30, 1790. Replacing privileges and championing the creative spirit of inventors, the patent has spread over the centuries as a fundamental value. Taking on different nuances from one legal culture to another, it establishes everywhere a pact between society and the inventors whose genius it seeks and protects. It allows for the local and temporary enjoyment of an invention, prohibiting third parties from using, manufacturing, or selling it, in exchange for the disclosure of the technical and industrial knowledge it contains.

L’Actualité chimique Issue 477
October 2022

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