(as last amended by Law No. 96-1106 of December 18, 1996)
BOOK VI
Title 1
CHAPTER 1
Section 3 Patentable Inventions
Art. L. 611-10.-1. Inventions which are susceptible of industrial application, which are new and which involve an
inventive step shall be patentable.
PROTECTIONS OF INVENTIONS AND TECHNICAL KNOWLEDGE
Patents
for Invention
FIELD OF APPLICATION
2. The following in particular shall not be regarded as inventions within the meaning of paragraph 1 of this Article:
(a) discoveries, scientific theories and mathematical methods;
(b) aesthetic creations;
(c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;
(d) presentations of information.
Art. L. 611-16. Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body shall not be regarded as inventions susceptible of industrial application within the meaning of Article L. 611-10. This provision shall not apply to products, in particular substances or compositions, for use in any of these methods.
Art. L. 611-17. The following shall not be patentable:
(a) inventions the publication or exploitation of which would be contrary to public policy or morality provided that the exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation; in this respect, the human body, its elements and products as well as the knowledge of the whole or part of a human gene cannot as such be subject to patents;
(b) new plant varieties belonging to a genus or species enjoying the protection instituted by the provisions of Chapter III of Title II of this Book relating to new plant varieties;
(c) animal varieties or essentially biological processes for the production of plants or animals; this provision shall not apply to microbiological processes or the products thereof.
CHAPTER III
Art. L. 613-11. On expiry of a period of three years from the grant of a patent or four years from the filing date of
the application and subject to the conditions laid down in the following Articles, any public or private legal person
may be granted a compulsory license under the patent provided that, at the time of the application for such license
and failing legitimate reasons, neither the owner of the patent nor his successor in title:
RIGHTS DERIVING FROM PATENTS
Section I
Exclusive Right to Work
(a) has begun to work or has made real and effective preparations for working the invention that is the subject matter of the patent on the territory of a Member State of the European Community or another State party to the Agreement on the European Economic Area;
(b) has marketed the product that is the subject matter of the patent in a quantity sufficient to satisfy the needs of the French market.
The same shall apply where working, as mentioned under (a) above, or marketing, as mentioned under (b) above, in France has been discontinued for more than three years.
For the purposes of the application of this Article, the importation of patented goods manufactured in a State party to the Agreement Establishing the World Trade Organization shall be considered working of the patent.
Art. L. 613-12. The application for a compulsory license shall be made to the First Instance Court; it must be accompanied by evidence establishing that the applicant has been unable to obtain a license from the owner of the patent and that he is in a position to work the invention in an effective and serious manner.
A compulsory license shall be granted on fixed terms, particularly in respect of its duration, its field of application and the amount of the royalties to be paid in consideration thereof.
Those terms may be amended by court decision on a request by the owner or the licensee.
Art. L. 613-13. Compulsory and ex officio licenses shall be non-exclusive. The rights deriving from such licenses may only be transferred together with the business, the enterprise or part of the enterprise to which they belong.
Art. L. 613-14. If the holder of a compulsory license fails to comply with the terms under which the license was granted, the owner of the patent and, as appropriate, the other licensees may obtain withdrawal of the license by the court.
Art. L. 613-15. The owner of a patent concerning an improvement on an invention already patented on behalf of another person may not work his invention without the consent of the owner of the earlier patent; the latter owner may not work the patented improvement without the consent of the owner of the patent of improvement.
After hearing the Public Prosecutor, and in the public the First Instance Court may grant to the owner of the patent of improvement, at his request which may not be made before expiry of the period specified in Article L. 613-11, a license to the extent necessary for working the invention to which that patent relates, in so far as the invention to which the improvement patent relates represents substantial technical progress and economic interest in relation to the prior patent. The license granted to the owner of the patent of improvement may only be transferred together with the said patent. On a request submitted to the Court, the owner of the earlier patent shall, be granted a license under the patent of improvement.
The provisions of Articles L. 613-12 to L. 613-14 shall apply.
Art. L. 613-16. Where the interests of public health demand, patents granted for medicines or for processes for obtaining medicines, for products necessary in obtaining such medicines or for processes for manufacturing such products may be subject to ex officio licenses in accordance with Article L. 613-17 in the event of such medicines being made available to the public in insufficient quantity or quality or at abnormally high prices, by order of the Minister responsible for industrial property, at the request of the Minister responsible for health.
Art. L. 613-17. As from the date of publication of the order subjecting the patent to ex officio licenses, any qualified person may apply to the Minister responsible for industrial property for the grant of a license to work the patent. The license shall be granted by order of that Minister under fixed conditions, particularly in respect of its duration and field of application, but excluding the amount of the royalties to be paid in consideration thereof.
The license shall take effect from the date of notification of the order to the parties.
In the absence of amicable agreement approved by the Minister responsible for industrial property and the Minister responsible for health, the amount of the royalties shall be laid down by the First Instance Court.
Art. L. 613-18. The Minister responsible for industrial property may give formal notice to the owners of patents other than those referred to in Article L. 613-16 to under- take the working of such patents so as to satisfy the requirements of the national economy.
If no action is taken within a period of one year to comply with such notice and if the failure to work the invention or the insufficiency in quality or quantity of the working seriously prejudice economic development and the public interest. the patents in respect of which formal notice has been given may be subjected to ex officio licenses by decree in Council of State.
The Minister responsible for industrial property may extend the one-year period referred to above if the owner of the patent can produce legitimate reasons consistent with the demands of the national economy.
As from the date of publication of the decree subject- ing the patent to ex officio licenses. any qualified person may apply to the Minister responsible for industrial property for the grant of a license to work the patent.
The license may only be non-exclusive: it shall be granted by an order of the above-mentioned Minister on fixed conditions with regard to its duration and field of application. but excluding the amount of royalties to be paid in consideration thereof. The license shall take effect from the date of notification of the order to the parties.
Failing amicable agreement, the amount of the royalties shall be laid down by the First Instance Court.
Art. L. 613-19. The State may at any time obtain ex officio in order to meet its defense requirements a license to work an invention that is the subject of a patent application or a patent, whether the working is to be done by the State itself or on its behalf.
The ex officio license shall be granted at the request of the Minister responsible for defense by order of the Minister responsible for industrial property. The order shall lay down the conditions of the license. but excluding those relating to the amount of royalties to be paid in consideration thereof.
The license shall take effect on the date of the request for an ex officio license.
Failing amicable agreement, the amount of the royalties shall be laid down by the First Instance Court. Proceedings at all levels of jurisdiction shall take place in court chambers.
Art. L. 613-19-1 Where the subject matter of the patent is an invention in the field of semiconductor technology, a compulsory or ex officio license may only be granted for public, non-commercial purposes or to remedy a practice declared anti-competitive as a result of judicial or administrative proceedings.
Art. L. 613-20. The State may, at any time. expropriate by decree in whole or in part for the requirements of national defense the inventions that are the subject of patent applications or patents.
Failing amicable agreement, compensation for expropriation shall be laid down by the First Instance Court.
The proceedings at all levels of jurisdiction shall take place in court chambers.