Subsection 1: Requests concerning national defence

Delegates of the Minister of Defence, specially empowered for this purpose and whose names and capacities have been brought to the attention of the Director of the National Institute of Industrial Property and Minister responsible for industrial property by the Minister of Defence, shall inspect on the premises of the National Institute of Industrial Property the patent applications filed, including where these are filed in the form of a provisional…

The request for authorisation to disclose and freely exploit the invention which is the subject of a patent application, before the end of the five-month period provided for in article L. 612-9, shall be filed with the Institut national de la propriété industrielle; it may be filed as soon as the patent application is filed. The authorisation is notified to the applicant by the Director of the Institut national de…

The request from the Minister for Defence for an extension of the prohibitions on disclosure and free exploitation of an invention which is the subject of a patent application, including when the latter is filed in the form of a provisional application, shall be addressed to the Director of the National Institute of Industrial Property and must reach him no later than fifteen days before the end of the five-month…

The request for compensation for the loss caused by the extension of the prohibitions on disclosure and free exploitation is sent by the owner of the patent application to the Minister of Defence by registered letter with acknowledgement of receipt. The request specifies, and quantifies, the various heads of damage claimed. The matter may not be referred to the court with a view to fixing the compensation before the expiry…

The court seised pursuant to Article L. 612-10 rules both on the merits and before the court by decisions that do not contain any analysis of the invention of such a nature as to lead to its disclosure. Only the public prosecutor, the parties or their agents may obtain copies of the decisions rendered. If an expert appraisal is ordered, it may only be carried out by persons authorised by…

If the prohibitions on disclosure and free exploitation end more than one year after the date of filing, the application may not be made public under the conditions provided for in Article R. 612-39 only after the expiry of a period of six months from the end of the application of the prohibition measures, unless within this period the applicant has submitted the request provided for in Article R. 612-39….

The provisions of Article R. 612-29 shall apply to the application for review of the compensation provided for in article L. 612-10.