Subsection 1: European patents

As far as France is concerned, the European patent shall be declared invalid by a court decision on any of the grounds referred to in Article 138(1) of the Munich Convention. If the grounds for invalidity affect the patent only in part, invalidity shall be declared in the form of a corresponding limitation of the claims. In an action for invalidity of the European patent, its proprietor is entitled to…

I.-Insofar as a French patent covers an invention for which a European patent has been granted to the same inventor or to his successor in title with the same filing or priority date, and where the European patent has been the subject of a derogation from the exclusive jurisdiction of the unified patent jurisdiction, pursuant to paragraph 3 of Article 83 of the Agreement relating to a unified patent jurisdiction,…

I.-A French patent application or a French patent and a European patent application or a European patent which has not been the subject of a waiver of the exclusive jurisdiction of the unified patent jurisdiction, pursuant to paragraph 3 of Article 83 of the Agreement relating to a unified patent jurisdiction, having the same filing date or the same priority date, covering the same invention and belonging to the same…

The court hearing an action for infringement of a French patent which covers the same invention as a European patent applied for by the same inventor or granted to him or his successor in title with the same priority date and which is the subject of a derogation from the exclusive jurisdiction of the unified patent jurisdiction, pursuant to paragraph 3 of Article 83 of the Agreement on a Unified…

A decree in the Conseil d’Etat shall determine the procedures for applying this subsection, in particular with regard to the application of the provisions of Article 137-2 of the Munich Convention.