شرط النشاط الاختراعي : دراسة في قانون براءة الاختراع الجزائري، الفرنسي و الأمريكي

الملخص EN

Nowadays, patent is of great importance for economic growth, it has been considered as firms competitiveness factor.

Therefore, patents receive great legal attention globally.

Algerian legislator has established legal protection for new invention under ordinance n° 03-07, by determining patent requirements, and legal effects of patent granting.

Trough this study we tried to discuss one of patent requirements – inventive step- which has not receive the necessary legislative and doctrinal attention.

The main results that we reached through this study, by comparing with American and French patent law, that Algerian legislator has not determine the legal approach to control inventive step, nor did not he fixe the approved criteria for estimating the fulfillment of this requirement in an invention.

In the end of this study, we proposed a definition of inventive step, in which we tried to combine and reconcile the various trends in this field.