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Switzerland: Prima facie case of invalidity based on foreign judgments, Federal Patent Court of Switzerland, S2014_001, 11 February 2015

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 been published on Kluwer IP Law.


Dr. iur. et lic. rer. pol. Catherine Chammartin new Director General of Swiss Federal Office of Intellectual Property

Dr Catherine Chammartin was appointed as new Director General of the Swiss Federal Office of Intellectual Property last week. She will take up her position on 1 November 2015.

Dr Catherine Chammartin is not an insider of the Swiss IP community. The thirty-six-year old used to work for the Swiss State Secretariat for International Financial Matters (SIF) in the Taxation Policy Section.

Dr Catherine Chammartin studied law, economics and social sciences. Her doctoral thesis is entitled „The State and the Banks – A Comparative Analysis of the Relationship in China and Switzerland“.

Catherine Chammartin replaces Roland Edouard Grossenbacher. He has been working for the Swiss Federal Institute [...]

Concerns over proposed patent exemption for physicians and pharmacies in Switzerland

By Mark Schweizer, Reinhard Oertli and Simon Holzer

The Swiss lawmaker plans to introduce a new exemption from patent protection for physicians and pharmacies. The new exemptions aims to protect physicians and pharmacies from being involved in patent disputes concerning second medical use claims according to the EPC 2000 (purpose-limited product Claims).

From Swiss-type claims to purpose-limited product claims

As is well know, the Enlarged Board of Appeal of the European Patent Office held in a widely reported decision that under the European Patent Convention in the version adopted in 2000, which entered into force on 13 December 2007, claims to a second or further medical use of known phar [...]

Requirement of irreparable harm: Swiss Federal Supreme Court puts spokes in appellants‘ wheels in appeals against decisions in summary proceedings

Although this is a patent law blog a recently published decision of the Swiss Federal Supreme Court in an appeal against a dismissed request for a preliminary injunction in the copyright sector is worth being discussed in more detail here. It will make life harder also for petitioners who see their hopes dashed before the Swiss Federal Patent Court and consider filing an appeal.

In its recently published decision dated November 27, 2014 the Swiss Federal Supreme Court made it substantially harder for parties who succumb in summary proceedings to appeal their cases to the Federal Supreme Court. This recent decision concerns a copyright case but it has a significant impact on Swiss patent liti [...]

Switzerland’s SPC granting practice drawn into a future mess?

In the aftermath of the CJEU decisions Eli Lilly/Medeva and Actavis/Georgetown II, the Swiss Federal Institute of Intellectual Property proposes changes in its SPC granting practice.

One hot topic in connection with the granting of SPCs concerns the question on how to define whether a product is protected by a basic patent (Art. 3 (a) SPC Regulation (EC) No. 469/2009). This discussion became particularly relevant with respect to combination products with multiple active ingredients. The national courts in the EU member states basically have applied two different approaches: the so called “infringement test” and the “disclosure test”.

In Switzerland SPCs for combination products have [...]

Amended Guidelines on Independence of the Swiss Federal Patent Court became effective on 1 January 2015 – An inspiring model for the UPC?

As posted here the Swiss Federal Patent Court had to amend its Guidelines on Independence after the Swiss Federal Supreme Court had lifted a decision of the Federal Patent Court concerning the recusal of one of its non-permanent judges on 27 August 2013 in a case concerning the Nespresso coffee capsules.

The revised Guidelines on Independence became effective on 1 January 2015.

The revised Guidelines are not only interesting for the judges and the parties that are involved in proceedings before the Swiss Federal Patent Court but also for those who have to give thought to the implementation of article 7 of the Statute of the Unified Patent Court for the judges pool of the Unified Patent Cour [...]

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