3. Which title to invoke?

While it is of course possible to act on the basis of a granted patent, it is also possible to act on the basis of a patent application, subject to compliance with specific conditions.

Infringement proceedings can of course be brought on the basis of a French patent or the French part of a granted European patent, as long as "the European patent has the same effects and is subject to the same rules as a national patent" (Article 2 of CBE ). In all cases, the patent holder must provide proof of the legal existence of the title he or she is claiming, i.e. payment of the annual maintenance fees, failing which the claim cannot be judicially examined on its merits (article L. 612-9 of