If the applicant considers that one or more of the cited elements of the state of the art do not need to be taken into consideration in order to assess, within the meaning of articles L. 611-11 and L. 611-14, the patentability of the invention, which is the subject of the application, because their disclosure results from a characterised abuse with regard to it within the meaning of Article L. 611-13, first paragraph (2nd indent, a), it may indicate this in its observations and briefly give its reasons. Such an indication may not alter the content of the preliminary search report or the search report.
Any final court decision ruling on the application of the provisions of Article L. 611-13, first paragraph (2nd indent, a) shall be entered in the National Patent Register at the request of the applicant or the proprietor of the patent.
This entry entails the correlative amendment of the preliminary search report or search report.
If this entry is made after the publication of the patent, the copies of the patent available to the National Institute of Industrial Property for public consultation and for sale shall bear the particulars necessary to show the amendment to the search report.