The “representative” registered with the Swiss Patent Register for the Swiss part of a European patent does not constitute a legal representative within the meaning of the Code of Civil Procedure. Consequently, court documents must not be served to such “representative”, but must be sent by the official channels of judicial assistance in civil matters…
Public prior use when a third party discloses all features of the patent-in-suit before the priority date to the alleged infringer, without concluding a non-disclosure agreement with the alleged infringer. A full summary of this case has been published on Kluwer IP Law
The Federal Supreme Court confirmed the Federal Patent Court’s three-step function, accessibility and equal value test to analyse infringement under the doctrine of equivalents. A full summary of this case has been published on Kluwer IP Law.
A former employee inventor’s obligation to sign a declaration of assignment of a patent application to the former employer can be enforced in summary proceedings pursuant to the Swiss Code of Civil Procedure’s provisions regarding “Clear Cases”, under threat of a criminal penalty against the former employee, and even after the termination of the employment…
If foreign counterparts of a European patent have been declared invalid in five European jurisdictions and the arguments in these court decisions are substantially convincing, the prima facie invalidity of the Swiss part of the same European patent is sufficiently established for the purposes of preliminary injunction proceedings. A full summary of this case has…
