Section 3: Joint ownership of patents

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L613-29L613-30L613-31L613-32

Article L613-29

French Intellectual Property CodeIn force
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Updated 8 Nov 2023

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.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

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We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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