Patent Court Act (PatCA)

Art. 26

1 The Federal Patent Court has exclusive jurisdiction over: a. validity and infringement disputes and actions for issuing a licence in respect of patents; b. ordering preliminary measures before an action as defined in letter a becomes pending; c. the enforcement of decisions made under its exclusive jurisdiction. 2 It also has jurisdiction in other civil actions that have a factual connection to patents, in particular concerning the right to patents or their assignment. The jurisdiction of the Federal Patent Court does not preclude that of the cantonal courts. 3 Where the nullity or infringement of a patent is to be adjudicated before a cantonal court on a preliminary question or defence basis, the judge shall grant the parties a reasonable period of time for filing the validity or infringement action before the Federal Patent Court. The cantonal court shall stay the proceedings until a final and absolute decision has been made on the action. Where no action is filed before the Federa