Patent Court Act (PatCA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 1 General principles
1 The Federal Patent Court is the patent court of first instance of the Swiss Confederation. 2 It issues its decisions as a lower court of the Federal Supreme Court.
Art. 2 Independence
The Federal Patent Court is independent in its adjudication and is bound only by the law.
Art. 3 Supervision
1 The Federal Supreme Court exercises supervision over the administration of the Federal Patent Court. 2 The Federal Assembly exercises ultimate supervision over the Federal Patent Court. 3 The Federal Patent Court shall submit its annual draft budget, annual accounts and annual report to the Federal Supreme Court for the attention of the Federal Assembly.
Art. 4 Financing
The Federal Patent Court is financed by court fees and contributions from the Swiss Federal Institute of Intellectual Property (IPI) taken from the patent fees annually collected by the IPI.
Art. 5 Infrastructure and staff for administrative assistance services
1 The Federal Administrative Court shall make available its infrastructure to the Federal Patent Court at cost and provide the staff required to provide administrative services to the Federal Patent Court. 2 In its work for the Federal Patent Court, the administrative staff reports to the Administrative Committee.
Para. 2 — Term in accordance with No I of the FA of 16 March 2018, in force since 1 Aug. 2018 (AS 2018 2753; BBl 2017 7527 7539). This amendment has been made throughout the text.
Art. 5a Data protection when using electronic infrastructure
1 The use of the electronic infrastructure of the Federal Administrative Court by the Federal Patent Court for its administrative activities is governed mutatis mutandis by Articles 57i–57q of the Government and Administration Organisation Act of 21 March 1997. 2 The Federal Patent Court shall issue the implementing provisions.
Art. 5a — Inserted by No II 4 of the FA of 1 Oct. 2010 (Data protection when using electronic infrastructure), in force since 1 April 2012 (AS 2012 941; BBl 2009 8513). Para. 1 — SR 172.010
Art. 6 Location and place of employment
The Federal Patent Court sits at the seat of the Federal Administrative Court. This location also serves as the place of employment of the permanent judges, court clerks and the administrative staff.
Art. 7 Special location
Where justified by the circumstances, the Federal Patent Court may sit at another location. The cantons shall provide the required infrastructure free of charge.