Patent Infringement Action

A patent infringement action is a legal proceeding initiated by the patent holder or an exclusive licensee against a party accused of using, manufacturing, selling, or importing a patented invention without prior authorization. The purpose of this action is to protect the exclusive rights conferred by the patent and to obtain compensation for any identified infringements.

Legal Basis

In French law, patent infringement is governed by the French Intellectual Property Code (CPI). The main applicable provisions include:

• Article L. 613-3 CPI: This article states that, unless authorized by the patent owner, the following acts are prohibited:

  • The manufacturing, offering, marketing, using, importing, or possessing a patented product for these purposes.

  • The application or offer to apply the patented process, as well as the use, offering, marketing, or importing of a product directly obtained through the patented process.

• Article L. 615-1 CPI: Specifies the sanctions applicable in cases of patent infringement.

• Article L. 615-2 CPI: Establishes that any licensee is entitled to intervene in an infringement action brought by the patent holder to seek compensation for their own damages.

Limitation Period

A patent infringement action is subject to a five-year statute of limitations, starting from the day the patent holder became aware of, or should have become aware of, the last act enabling them to initiate the claim (Article L. 615-8 CPI).

Procedure

Before initiating an infringement action, the patent holder may resort to a “saisie-contrefaçon” (infringement seizure). This procedure, provided for under Article L. 615-5 CPI, allows a bailiff to record the alleged infringement and collect evidence in preparation for a potential legal action.

Conclusion

A patent infringement action is a critical legal tool for defending patent holders’ rights against unauthorized exploitation of their inventions.