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

See all articles by Cyrill P. Rigamonti

Cyrill P. Rigamonti

University of Bern; University of Bern

Date Written: April 22, 2013

Abstract

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

Rigamonti, Cyrill P., Swiss Patent Jurisprudence 2012 (April 22, 2013). Journal of Intellectual Property, Information Technology and E-Commerce Law, Vol. 4, p. 53, 2013. Available at SSRN: https://ssrn.com/abstract=2254877

Cyrill P. Rigamonti (Contact Author)

University of Bern ( email )

Institute for Economic Law
Schanzeneckstrasse 1
Bern, CH-3012
Switzerland

HOME PAGE: http://www.iwr.unibe.ch

University of Bern ( email )

Schanzeneckstrasse 1
Bern, 3012
Switzerland

HOME PAGE: http://www.iwr.unibe.ch

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