The court hearing an action for infringement of a French patent which covers the same invention as a European patent applied for by the same inventor or granted to him or his successor in title with the same priority date and which is the subject of a derogation from the exclusive jurisdiction of the unified patent jurisdiction, pursuant to paragraph 3 of Article 83 of the Agreement on a Unified Patent Court shall stay the proceedings until the date on which the French patent ceases to have effect under Article L. 614-13 or until the date on which the European patent application is rejected, withdrawn or deemed withdrawn, or the European patent revoked.
If the infringement action has been brought on the basis of the French patent alone, the plaintiff may, when the proceedings are resumed, continue them by substituting the European patent for the French patent for facts subsequent to the date on which the French patent ceases to have effect and for the common parts.
If an infringement action is brought on the basis of both a French patent and a European patent, neither the criminal penalties nor the civil remedies may be cumulated.
If the action has been brought on the basis of only one of the two patents, a new action on the basis of the other patent, for the same facts, cannot be brought by the same plaintiff, against the same defendant.