The Minister responsible for industrial property may give formal notice to the owners of invention patents other than those referred to in Article L. 613-16 to begin working them in such a way as to meet the needs of the national economy.
If the formal notice has not been acted upon within a period of one year and if the absence of exploitation or the inadequacy in quality or quantity of the exploitation undertaken is seriously prejudicial to economic development and the public interest, the patents, which are the subject of the formal notice, may be subject to the ex officio licensing regime by decree of the Council of State.
The Minister in charge of industrial property may extend the one-year period provided for above when the patent owner justifies legitimate reasons that are compatible with the requirements of the national economy.
From the day of publication of the decree subjecting the patent to the ex officio licence regime, any qualified person may apply to the Minister responsible for industrial property for the grant of a licence to exploit.
This licence shall be granted by order of the said Minister on specified conditions as to its duration and scope, but excluding the royalties to which it gives rise. It takes effect on the date of notification of the order to the parties.
Failing amicable agreement, the amount of the royalties shall be set by the judicial court.