Swiss Patent Jurisprudence 2012
Journal of Intellectual Property, Information Technology and E-Commerce Law, Vol. 4, p. 53, 2013
10 Pages Posted: 24 Apr 2013
Date Written: April 22, 2013
The new Swiss Federal Patent Court, with nationwide first-instance jurisdiction over all civil patent matters, has been operating since January 1, 2012. This article reviews and contextualizes the most important patent cases published in 2012 by the Swiss Federal Patent Court and the Swiss Federal Supreme Court. More specifically, the article covers cases on issues such as the evidentiary status of party expert opinions, the formal requirements for requests for injunctive relief, the infringement and non-obviousness tests employed by the Swiss Federal Patent Court, the use of reports and statements from technical judges in lieu of expert opinions, and the procedural devices for the pre-trial taking of evidence, in particular the new patent-specific device of precise description. The author suggests that designing the Federal Patent Court to include technically trained judges may lead to a more automatic adoption of the practices and case law of the European Patent Office. The article concludes that the revamped Swiss patent litigation system has the potential of turning Switzerland into a competitive venue for the adjudication of patent matters in Europe.
Keywords: Patents, Litigation, Switzerland, Patent Court, Technical Judges, Expert Opinions, Novelty, Inventive Step, Non-obviousness, Requests for Relief, Pre-Trial Taking of Evidence, Precise Description
JEL Classification: K00, K11, K19, K39, K41
Suggested Citation: Suggested Citation