براءة الاختراع في التشريع الجزائري

Abstract EN

The patent is among the most important industrial property rights, and one of the most important means of protecting inventions and encouraging inventors in order to develop intellectual capital, and it is defined as a legal basis for the inventor or state concerned to hand over the inventor who accomplished his invention, and creates a right for him to monopolize the use of his invention within a period of time Specific.

It is well established that this monopoly of exploitation does not take place until after obtaining that patent, of course, if the subject of the patent has fulfilled all the necessary legal conditions, both objective and formal, which will be addressed through this research paper.

However, before obtaining a patent, and in the event that the inventor commences the exploitation of his innovation, it is considered direct to an industrial secret, and he is not the owner of an industrial property right, and others may exercise the same invention whenever he reached that by legitimate means.

The patent, then, is the certificate or document that proves to the inventor, or to whom his rights have been transferred, and he has declared his desire to retain his legal rights over the innovation that he broadcasts.

However, if the inventordisposes of his innovation to others before obtaining the patent, then his behavior is not considered an act of industrial property.

In this case, the person who transferred to it may perform the procedures for claiming the patent before the competent administrative authorities, which is a potential right, as it may be possible for another person to assign to the patent application for the same invention, the priority in obtaining the patent is for the applicant and If it were later in the discovery of the invention.

Accordingly, the patent of the invention is considered the basis for the existence of the right to the exclusive exploitation, as it is considered at the same time as a bond to protect it, and with this description this document is the one that creates these rights and makes them subject to the legislative protection mentioned in the Algerian legislation No.

93-17 (dated July 19, 2003).

Concerning the Patent, Official Gazette No.

44, dated July 23, 2003).