Article L613-28 of the French Intellectual Property Code
The supplementary protection certificate is invalid: -if the patent to which it relates is invalid; -if the patent to which it relates is invalid for all those parts of it corresponding to the marketing authorisation; -if the corresponding marketing authorisation is invalid; -if it is granted in breach of the provisions of article L. 611-3. In the event that the patent to which it relates is invalid for only a…