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. 18 Presidency
1 The Federal Assembly shall elect a permanent judge to be President of the Federal Patent Court. 2 The President of the Federal Patent Court is elected for a full term of office. Re-election is permitted. 3 The President of the Federal Patent Court must possess legal training. 4 He or she presides over the Plenary Court and represents the Court in dealing with third parties. 5 The Vice-President acts as the President’s deputy.
Art. 19 Plenary Court
1 The Plenary Court shall elect as Vice-President: a. the second permanent judge; or b. a non-permanent legally trained judge. 2 If it elects the second permanent judge as Vice-President, it shall elect the third member of the Administrative Committee from the non-permanent judges. The appointment of a substitute may be provided for in regulations. 3 Elections to the Plenary Court shall be valid where at least two-thirds of all judges take part in a session or a circular proceeding.
Art. 19 — Amended by No I of the FA of 16 March 2018, in force since 1 Aug. 2018 (AS 2018 2753; BBl 2017 7527 7539).
Art. 20 Administrative Committee
1 The Administrative Committee is responsible for the Court’s administration. 2 Its members are: a. the President of the Federal Patent Court; b. the Vice-President; c. the second permanent judge or, if that judge acts as Vice-President, a non-permanent judge. 3 The Administrative Committee is responsible for: a. enacting rules and regulations on the organisation and administration of the Court, allocation of duties, the composition of the panels, disclosure of information, court fees, and the compensation of parties to proceedings, official representatives, experts and witnesses; b. all tasks and duties that are not assigned to another body under this Act.
Para. 2 let. c — Amended by No I of the FA of 16 March 2018, in force since 1 Aug. 2018 (AS 2018 2753; BBl 2017 7527 7539).
Art. 21 Panels
1 As a general rule, the Court makes its decisions as a three-member body (panel), of whom at least one member must possess technical training and one member legal training. 2 On the order of the President, the Court shall make its decisions as a five-member panel, at least one member of which must possess technical training and one member legal training where this is in the interest of the further development of the law or the uniform application of the law. 3 Where more than one technical field of expertise is to be judged in a dispute, on the order of the President, the Court shall make its decision as a panel composed of up to seven members, of whom at least one must possess legal training. 4 The technically trained judges are appointed according to the technical field of expertise at issue in a dispute. 5 At least one permanent judge must always sit on a panel other than in cases of force majeure.
Art. 22 Voting
1 Elections by the Plenary Court and the Administrative Committee are adopted and elections decided by an absolute majority of the votes cast. 1bis The Administrative Committee takes its decisions by a simple majority. 2 Where there is a tie, the President has the casting vote; elections and appointments are decided by drawing lots. 3 The non-permanent judges and the permanent judges on a part time basis have full voting rights. 4 Judges shall recuse themselves in matters in which they have a vested interest.
Para. 1 — Amended by No I of the FA of 16 March 2018, in force since 1 Aug. 2018 (AS 2018 2753; BBl 2017 7527 7539). Para. 1bis — Inserted by No I of the FA of 16 March 2018, in force since 1 Aug. 2018 (AS 2018 2753; BBl 2017 7527 7539).
Art. 23 Single judges
1 The President of the Federal Patent Court decides as a judge sitting alone on: a. the summary dismissal of manifestly inadmissible actions; b. petitions for preliminary measures; c. petitions for legal aid; d. the dismissal of proceedings on grounds of irrelevance, withdrawal or recognition of the claim or settlement; e. actions for the granting of a licence under Article 40d of the Patent Act of 25 June 1954. 2 He or she may entrust some or all of these tasks to other legally trained judges or the second permanent judge. 3 Where required for legal or factual reasons, a single judge may decide with two other judges in a panel of three. Where the understanding of a technical matter is of particular significance, decisions must be made in a panel of three.
Para. 1 let. e — SR 232.14 Para. 2 — Amended by No I of the FA of 16 March 2018, in force since 1 Aug. 2018 (AS 2018 2753; BBl 2017 7527 7539). Para. 3 — Amended by No I of the FA of 16 March 2018, in force since 1 Aug. 2018 (AS 2018 2753; BBl 2017 7527 7539).
Art. 24 Court clerks
1 Court clerks take part in case briefings and in making decisions. They act in an advisory capacity. 2 They draft proposals under the supervision of a judge and edit the decisions of the Federal Patent Court. 3 They perform other tasks that are assigned to them in a set of regulations. 4 The employment and remuneration of court clerks is governed by the Federal Personnel Act of 24 March 2000.
Para. 4 — SR 172.220.1
Art. 25 Disclosure of information
The Federal Patent Court shall disclose to the public information on its adjudication activities.