Before the end of the period provided for in the second paragraph of article L. 612-9, the bans imposed in the first paragraph of the said article may be extended, at the request of the Minister responsible for defence, for a renewable period of one year. Prolonged bans may be lifted at any time, subject to the same condition.
The extension of prohibitions imposed under this article shall give rise to a right to compensation for the benefit of the patent application holder, to the extent of the loss suffered. In the absence of an amicable agreement, such compensation shall be fixed by the court. At all levels of jurisdiction, the proceedings shall take place in chambers.
An application for review of the compensation provided for in the preceding paragraph may be made by the patent owner on expiry of the period of one year following the date of the final judgment fixing the amount of compensation.
The patent proprietor must provide proof that the prejudice he has suffered is greater than the court’s estimate.