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Partager les brevets : étude des modèles ouverts en droit des brevets

Abstract : In 2014, Tesla Motors, electric cars manufacturer, decided to share its patents in the spirit of the open source movement. Tesla’s patented technologies are thus free to use for all those interested. If one can find this practice rather unusual, given the important investment made by a company to obtain a patent, this type of practice is, in fact, not surprising. Tesla's commitment not to oppose its patents is just one example of the open models for patent this thesis investigates. These open models, in which patentees choose to share them by giving the users the widest rights to use the patented inventions, reveal another use of patents, a usage that highlights the inclusive side of patents. These models are varied both in their structures, their functioning, and in the objectives they propose to achieve. They developed out of a need for innovators to cope with the drifts of the patent system (trolls, patent thickets, etc.). Thus, they enable innovators to maintain an environment more conducive to innovation, which ultimately society can benefit from. Some of these models, mainly developed in the United States, raise several questions about their implementation, both in their home country and on our side of the Atlantic. This thesis will therefore investigate, following the analysis of these original models, the various issues raised by the deployment of these open models.
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Submitted on : Monday, May 2, 2022 - 3:55:36 PM
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  • HAL Id : tel-03657069, version 1



Natacha Estèves. Partager les brevets : étude des modèles ouverts en droit des brevets. Droit. Institut d'études politiques de Paris - Sciences Po, 2019. Français. ⟨NNT : 2019IEPP0048⟩. ⟨tel-03657069⟩



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