1806
1914
France. Ministère de l’Industrie. Comité consultatif des Arts et Manufactures (1806-1914)
Le bureau consultatif des Arts et Manufactures est créé en 1806 à partir des bases de son prédécesseur, le bureau de consultation des Arts et Métiers. Ce dernier est vidé de tous les représentants de sociétés d’inventeurs. Le nouveau bureau qui dépend du ministère de l’Intérieur puis du ministère des Manufactures et du Commerce reprend des fonctions similaires : il distribue des récompenses ou autorise l’attribution du brevet. Il est en fait, plus précisément, chargé de valider le dossier administrativement en vertu de l’arrêté du 5 vendémiaire an IX.
Cependant, il est également chargé de donner son avis sur les questions commerciales, et pas seulement sur les brevets.
Le bureau consultatif des Arts et Manufactures, qui devient comité en 1813 se réunit en moyenne trois fois par semaine, et statue sur des sujets allant de la création d’une entreprise ou de prud’hommes à l’attribution de récompenses aux inventions, en passant par la validation administrative des demandes de brevets.
Il agit en général suivant un ordre du jour transmis par le ministère de tutelle ou pour répondre à des problématiques auxquelles il est confronté.
Le comité consultatif se maintient sous le Directoire, ses missions perdurant ensuite tout au long du XIXe siècle. Comme le répètent les dispositions réglementaires, il reste « chargé de l’étude et de l’examen de toutes les questions intéressant le commerce et l’industrie qui lui sont renvoyées par le ministre en vertu des lois et règlements, ou sur lesquelles le ministre juge utile de le consulter, notamment en ce qui concerne : les établissements insalubres ou incommodes ; les brevets d’invention ; l’application ou la modification, au point de vue technique, des tarifs et des lois de douanes".
Si ces textes réglementaires amènent périodiquement une redéfinition du nombre de ses membres (15 en 1869, 20 depuis 1880), ils ne remettent pas en question le caractère pluraliste du comité qui rassemble des membres de la haute administration, des corps techniques de l’État et des institutions savantes
Dans les années 1820, le comité traite de 300 à 600 brevets par an et près de 1300 à 1600 à la fin de la décennie suivante. L’intervention du comité dans ce domaine est donc un usage bien ancré. Il semble bien, cependant, que la loi de 1844 ait quelque peu restreint cette pratique. Non seulement elle réaffirme le principe du non-examen préalable, mais encore les débats qui précèdent son adoption conduisent à limiter le regard du comité : ce dernier n’ayant pas à juger des brevets au fond, il doit se contenter de procéder à une lecture du titre de la description pour juger de la régularité de la demande.
Au début du XXe siècle le comité consultatif semble bien n’être saisi que d’un petit nombre d’affaires, mais sans doute parmi les plus sensibles. C’est en effet le directeur de l’Institut national de la propriété industrielle qui sollicite l’avis du Comité consultatif avant de proposer une décision de rejet au ministre.
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