Abstract (EN)

Firms protect their innovations by mobilizing mechanisms like patent and secret. Using these means of protection they aim to obtain value and knowledge (Hannah, 2005). Each means of protection present particularities according to the countries and legislations. Indeed, there are different requirements to hold a patent: 1) a patent holder must work on the invention within a specified time limit; 2) the patent application is kept secret until a patent is granted; 3) the rule of the “first-to-invent” (in The United States), or “first- to-file” (in most other countries in the world) can be applied. So we try to understand the impact of the grace period law to choose a mechanism to protect intellectual property. We focus on previous research on patent law (Harriel, 1996; Breesé, 2004, 2002; European Commission Research; 2002; IP Australia Patents Trade Marks Designs Plant Breeder’s Rights, 2005), and recent data on intellectual property protection by firms, to analyze the impact of the grace period system in the world (particularly in Europe and America). We identify characteristics and advantages of the grace period and we identified the limits related to its application. Then we stress how firms can manage relationships to adapt to the laws restrictions using mechanisms to protect intellectual property. We show how institutions facilitate and limit firm’s activities to protect their intellectual property. So to innovate and succeed in the market, firms must consider legal environment changes and environmental uncertainty relating to intellectual property law.