حالة التقنية في قانون براءة الاختراع الجزائري و الفرنسي : تقدير شرط الجدة و شرط ابتكارية الاختراع

الملخص EN

The status of industrial technology in the patent legal system is significant.

in fact, it is the primary reference for assessing and controlling the novelty and innovation of the patent through the assessment of the invention’s worthiness; thus the level of protection, which enriches the industrial fields with new technologies that reinforce scientific and economic progress.

this is achieved by either inventing new products or methods, or by modifying or adding new technologies to the primary invention, in the form of a newly composed innovation, or a new addition on the commonly known means of the technology.

however, this concept is still ambiguous due to its technical nature; so that we will try through this study to shed the light on this subject by clarifying the areas of ambiguity, based on what the Algerian legislator has put into effect and compare it with what the French legislator has reached.

the main issues of this study are summarized by answering the following questions: what is meant by industrial technology? how is the novelty and innovation of the inventive activity monitored in this case?