The proprietor of a patent infringing an earlier patent may not work his patent without the authorisation of the proprietor of the earlier patent; the said proprietor may not work the later patent without the authorisation of the proprietor of the later patent.
Where the owner of a patent cannot exploit it without infringing an earlier patent owned by a third party, the court may grant him a licence to exploit the earlier patent to the extent necessary for the exploitation of the patent owned by him and provided that such invention constitutes, in relation to the earlier patent, a significant technical advance and is of considerable economic interest.
The licence granted to the owner of the later patent may only be transferred together with the said patent.
The proprietor of the earlier patent shall, on application to the court, be granted a cross-licence to the later patent.
The provisions of articles L. 613-12 to L. 613-14 are applicable.