If the object of the ex officio licence is the exploitation of an invention covered by a patent application, the disclosure and free exploitation of which are prohibited by application of articles L. 612-9 or L. 612-10 (paragraphs 1 and 2), the court seised with a view to fixing the remuneration for the ex officio licence shall rule, both on the merits and before the court, by decisions which do not contain any analysis of the invention of such a nature as to lead to its disclosure.
These decisions are given in chambers. Only the public prosecutor, the parties or their representatives may obtain a copy.
Where the object of the ex officio licence is the working of an invention covered by a patent or by a patent application other than that referred to in paragraph 1 of this Article, if the applications of the said invention already made or envisaged are of a secret nature, the decisions of the court seised shall contain no mention of such a nature as to disclose the said applications and shall be subject to the provisions of paragraph 2 above.
If an expert opinion is ordered in the cases referred to in paragraphs 1 and 3 of this article, it may only be carried out by persons approved by the Minister of Defence and, if necessary, before his representatives.