Any person who can prove industrial exploitation on the territory of a Member State of the European Economic Community or effective and serious preparations to that effect may invite the proprietor of a patent to take a position on the enforceability of his title in respect of such exploitation, the description of which is communicated to him.
If the said person contests the reply made to him or if the proprietor of the patent has not taken a position within a period of three months, he may summon the latter before the court for a ruling that the patent does not prevent the exploitation in question, and this without prejudice to the action for invalidity of the patent and a subsequent action for infringement in the event that the exploitation is not carried out under the conditions specified in the description referred to in the preceding paragraph.