A copy of the licence application is notified by the Minister responsible for industrial property to the owner of the patent and, where applicable, to the licensees of the said patent. The latter shall have a period of two months from receipt of the notification to submit their observations to the said Minister.
The order provided for in Article L. 613-18 (paragraph 5) shall be notified to the owner of the patent, to the licensees and to the beneficiary of the licence applied for. It shall be entered automatically in the National Patent Register.
Proceedings to set the fees provided for in Article L. 613-18 shall be brought before the Paris judicial court. In these proceedings, the summons shall be served on a fixed date.
Amendments to the terms of the exploitation licence requested either by the patent holder or by the holder of this licence shall be decided and published in accordance with the procedure prescribed for the grant of the said licence. If they relate to the amount of the royalties, they shall be decided in accordance with the procedure prescribed for the initial fixing of that amount. The procedure for granting the…
The request sent by the Minister of Defence to the Minister responsible for industrial property with a view to obtaining, pursuant to Article L. 613-19, an ex officio licence for national defence requirements, shall include all relevant details of the conditions necessary to meet those requirements and relating in particular:
The order of the Minister responsible for industrial property granting the licence sets out the conditions, taking into account the elements of the application specified above. It is immediately notified by the Minister responsible for industrial property to the Minister of Defence and to the owner of the patent application or patent. It is automatically entered in the National Patent Register. In the case of a patent application, the entry…
Following the notifications provided for in the preceding article, the owner of the patent application or patent shall make known to the Minister for Defence, by registered letter with acknowledgement of receipt, his claims as to the remuneration of the licence granted to the State. The matter may not be referred to the judicial court with a view to fixing the amount of the remuneration, pursuant to Article L. 613-19…
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…
The provisions of Article R. 613-37 shall apply, independently of the action to fix the remuneration for the ex officio licence, to any proceedings relating to a dispute arising from the enforcement of the order granting such a licence.
The decree pronouncing, under the conditions provided for by article L. 613-20, the expropriation of an invention, which is the subject of a patent application or patent, shall be notified by the Minister responsible for industrial property to the owner of the patent application or patent.
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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