1. It shall also be prohibited, in the absence of the consent of the owner of the patent, to deliver or offer to deliver, on French territory, to a person other than those entitled to exploit the patented invention, the means of implementation, on that territory, of that invention relating to an essential element thereof, where the third party knows or where the circumstances make it obvious that those means are suitable and intended for such implementation.
2. The provisions of 1 shall not apply where the means of implementation are products that are commonly found on the market, unless the third party incites the person to whom he delivers to commit acts prohibited by Article L. 613-3.
3. Those who perform the acts referred to in a, b and c of article L. 613-5.