1. Who can act?

If no patent application has been filed, it is not possible to bring an action for patent infringement, in the absence of a private right. A patent infringement action presupposes a legal link, more or less strong, with this industrial property title.

Thus, infringement actions may be brought by (article L. 615-2 of Code de la propriété intellectuelle ):

• the patent owner (i.e. the patentee);

• the exclusive licensee, provided that the license agreement does not prohibit such action and that the exclusive licensee has served formal notice on the patent owner to bring such...