Co-ownership of a patent application or patent is governed by the following provisions:
a) Each of the co-owners may exploit the invention for his own benefit, subject to equitable compensation for the other co-owners who do not personally exploit the invention or who have not granted exploitation licences. In the absence of an amicable agreement, such compensation shall be fixed by the court.
b) Each of the co-owners may act in infringement for his own benefit alone. A co-owner who brings an infringement action must notify the other co-owners of the writ issued; the action shall be stayed until such notification has been given.
c) Each of the joint owners may grant to a third party a non-exclusive licence to exploit the invention for his own benefit, subject to equitable compensation of the other joint owners who do not personally exploit the invention or who have not granted a licence to exploit it. In the absence of an amicable agreement, such compensation shall be fixed by the court.
However, the draft concession must be notified to the other co-owners together with an offer to transfer the share at a specified price.
Within three months of this notification, any of the co-owners may object to the licensing on condition that they acquire the share of the co-owner wishing to grant the licence.
Failing agreement within the period provided for in the preceding paragraph, the price shall be set by the court. The parties shall have a period of one month from notification of the judgment or, in the event of an appeal, of the ruling, to waive the grant of the licence or the purchase of the co-ownership share without prejudice to any damages that may be due; costs shall be borne by the waiving party.
d) An exclusive exploitation licence may only be granted with the agreement of all the co-owners or by judicial authorisation.
e) Each co-owner may, at any time, assign his share. The co-owners have a right of pre-emption for a period of three months from notification of the proposed sale. If no agreement is reached on the price, it is set by the court. The parties have a period of one month from notification of the judgment or, in the event of an appeal, of the ruling, to waive the sale or purchase of the co-ownership share without prejudice to any damages that may be due; the costs shall be borne by the waiving party.