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. 8 Composition
1 The Federal Patent Court is composed of judges with legal training and judges with technical training. The judges must have proven knowledge of patent law. 2 The Federal Patent Court is composed of two permanent judges and a sufficient number of non-permanent judges. The majority of non-permanent judges must possess technical training.
Art. 9 Election
1 The judges are elected by the Federal Assembly. 2 Persons who are eligible to vote on federal matters are eligible for election. 3 When electing judges to serve in the Court, it shall be ensured that technical fields of expertise and Switzerland’s official languages are appropriately represented. 4 During the preparatory phase for the election, the IPI as well as professional organisations and interested groups involved with patents may be heard.
Art. 10 Incompatibility of activities
1 The judges of the Court may not be members of the Federal Assembly, the Federal Council or a federal court. 2 They may not engage in any activity that impairs their ability to fulfil the duties of their office, their independence, or is injurious to the reputation of the Court. 3 They may not serve in any official capacity on behalf of a foreign state. 4 Permanent judges may not act as professional representatives of third parties before the Court. 5 Permanent judges on a full time basis may not hold office in a canton or engage in any other gainful activity. They may not be a member of the management board, board of directors, advisory board or serve as an auditor of a commercial enterprise.
Art. 11 Other gainful activities
In order to engage in gainful activities outside of the Court, permanent judges on a part time basis must obtain authorisation from the Administrative Committee.
Art. 12 Incompatibility of persons
1 The following persons may not serve simultaneously as judges of the Federal Patent Court where they are related to serving Court members in the following capacities: a. spouses, registered partners or domestic partners; b. spouses, registered partners and domestic partners of siblings; c. relatives in direct lineage and relatives in collateral lineage up to and including the third degree; d. relatives in-law in direct lineage and relatives in-law in collateral lineage up to and including the third degree; 2 The provision of paragraph 1 letter d applies accordingly to domestic partnerships.
Art. 13 Term of office
1 The term of office of judges amounts to six years. Re-election is permitted. 2 Judges leave office at the end of the year in which they reach 68 years of age. 3 Offices vacated in this manner shall be filled for the remaining term of office.
Para. 2 — Amended by No I 2 of the FA of 16 March 2012 (Change in the maximum age for judges), in force since 1 Dec. 2012 (AS 2012 5647; BBl 2011 8995 9013).
Art. 14 Removal from office
The electoral authorities may remove a judge from office before he or she has completed his or her term where he or she: a. wilfully or through gross negligence commits serious breaches of his or her official duties; or b. has permanently lost the ability to perform his or her official duties.
Art. 15 Oath of office
1 Prior to taking office, judges shall take an oath pertaining to fulfilling their duties conscientiously. 2 They are sworn in before the Plenary Court. 3 A solemn promise may be made in lieu of swearing an oath.
Art. 16
Repealed by Annex No 5 of the FA of 17 June 2011 (Applications for Lifting Immunity), with effect from 5 Dec. 2011 (AS 2011 4627; BBl 2010 7345 7385).
Art. 17 Employment and remuneration
The Federal Assembly shall issue an ordinance on the employment and remuneration of judges.