Patents Act (PatA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Common Provisions for Protection under C
A. Circumstances giving rise to liability
Art. 66
In accordance with the following provisions, the following persons may be held liable under civil and criminal law: a. any person who uses a patented invention unlawfully; imitation is also deemed to constitute use; b. any person who refuses to notify the authority concerned of the origin and quantity of products in his possession which are unlawfully manufactured or placed on the market, and to name the recipients and disclose the extent of any distribution to commercial and industrial customers; c. any person who removes the patent mark from products or their packaging without authorisation from the proprietor of the patent or the licensee; d. any person who abets any of the said offences, participates in them, or aids or facilitates the performance of any of these acts.
let. b — Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
B. Reversal of the burden of proof
Art. 67
1 If the invention concerns a process for the manufacture of a new product, every product of the same composition shall be presumed to have been made by the patented process until proof to the contrary has been provided. 2 Paragraph 1 applies by analogy to a process for the manufacture of a known product if the proprietor of the patent provides prima facie evidence of an infringement of the patent.
C. Safeguarding manufacturing or trade secrets
Art. 68
1 The parties' manufacturing or trade secrets must be safeguarded. 2 Evidence which would disclose such secrets may be made available to the other party only to such an extent as is compatible with the safeguarding of the secrets.
D. Sale or destruction of products or equipment
Art. 69
1 In the event of a conviction, the court may order the forfeiture and sale or destruction of the unlawfully manufactured products or equipment, devices and other means that primarily serve their manufacture. 2 The net proceeds from the sale shall firstly be used for the payment of the fine, then the payment of the investigation and court costs, and finally for the payment of a final unappealable award of damages to the injured party and to cover their litigation costs; any surplus shall go to the former owner of the goods sold. 3 Even in the event of the dismissal of the action or an acquittal, the court may order the destruction of the equipment, devices and other means intended primarily for the infringement of the patent.
Para. 1 — Amended by No I of the FA of 16 Dec. 1994, in force since 1 July 1995 (AS 1995 2606; BBl 1994 IV 950). Para. 3 — Amended by No I of the FA of 16 Dec. 1994, in force since 1 July 1995 (AS 1995 2606; BBl 1994 IV 950).
E. Publication of the judgment
Art. 70
1 The court may authorise the successful party to publish the judgment at the expense of the opposing party; the court shall determine the form, extent and timing of the publication. 2 In criminal cases (Art. 81–82), publication of the judgment is governed by Article 68 of the Swiss Criminal Code.
Para. 2 — SR 311.0 Para. 2 — Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
F. Notification of judgments
Art. 70a
The courts shall provide the IPI with full official copies of the final judgments free of charge.
Art. 70a — Inserted by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
G. Prohibition of multi-stage actions
Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 71
Any person who brings an action under Articles 72, 73, 74 or 81 and subsequently brings a further action against the same party for the same or a similar act on the basis of another patent must bear the court costs and the other party's costs for the new procedure if he does not provide prima facie evidence that in the prior action he was, through no fault on his part, unable to invoke the other patent.
Section 2 Special Provisions for Protection under
A. Action for injunction or remedy
Art. 72
1 Any person who is threatened with or has his rights infringed by an act referred to in Article 66 may demand an injunction or that the unlawful situation be remedied. 2 …
Para. 2 — Inserted by No I of the FA of 17 Dec. 1976 (AS 1977 1997; BBl 1976 II 1). Repealed by No I of the FA of 22 June 2007, with effect from 1 July 2008 (AS 2008 2551; BBl 2006 1).
B. Action for damages
Art. 73
1 Any person who performs an act referred to in Article 66 either wilfully or through negligence shall be required to pay damages to the injured party according to the provisions of the Code of Obligations. 2 … 3 An action for damages may only be brought after the patent has been granted; the defendant may, however, be held liable for loss or damage caused from the time when he first obtained knowledge of the content of the patent application, but at the latest from the publication of the application. 4 …
Para. 1 — SR 220 Para. 2 — Repealed by Annex 1 No II 12 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221). Para. 3 — Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 4 — Inserted by No I of the FA of 17 Dec. 1976 (AS 1977 1997; BBl 1976 II 1). Repealed by No I of the FA of 22 June 2007, with effect from 1 July 2008 (AS 2008 2551; BBl 2006 1).
C. Action for declaratory judgment
Art. 74
Any person demonstrating an interest may bring an action to obtain a declaratory judgment on the existence or non-existence of a circumstance or legal relationship governed by this Act, in particular: 1. that a particular patent is valid; 2. that the defendant has performed an act referred to in Article 66; 3. that the plaintiff has not performed any act referred to in Article 66; 4. that a particular patent is not enforceable against the plaintiff by virtue of a legal provision; 5. that with regard to two particular patents, the requirements of Article 36 for the grant of a licence are or are not fulfilled; 6. that the plaintiff has made the invention, which is the subject-matter of a particular patent application or patent; 7. that a particular patent, which violates the double patenting prohibition, has become invalid.
let. 4 — Amended by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1). let. 7 — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1).
D. Licensees’ right of action
Art. 75
1 Any person who holds an exclusive licence, irrespective of the registration of the licence in the Register, is entitled to bring an action as specified in Articles 72 or 73 independently, provided this is not expressly excluded by the licence agreement. 2 Any licensee may join an action under Article 73 in order to claim their own loss or damages.
Art. 75 — Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 76
Repealed by Annex 1 No II 12 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
E. Preliminary measures
Art. 77
1 Any person requesting preliminary measures may, in particular, request that the court orders: a. measures to secure evidence, to preserve the existing state of affairs or to provisionally enforce claims for injunctive relief and remedy; b. a precise description to be made: 1. of the allegedly unlawful processes used, 2. of the allegedly unlawful products manufactured as well as the means used to manufacture them; or c. the seizure of these objects. 2 If a party requests a description to be made, it must provide prima facie evidence that an existing claim has been infringed or an infringement is suspected. 3 If the opposing party claims that a manufacturing or trade secret is involved, the court shall take the necessary measures to safeguard it. It may exclude the applicant party from participating in the procedure for making the description. 4 The procedure for making the description, with or without seizure, shall be carried out by a member of the Federal Patent Court, who may call
Art. 77 — Amended by Annex No 4 of the Federal Patent Court Act of 20 March 2009, in force since 1 Jan. 2012 (AS 2010 513,2011 2241; BBl 2008 455).
Art. 78
Repealed by Annex No 11 of the Civil Jurisdiction Act of 24 March 2000, with effect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).
Art. 79 and 80
Repealed by Annex 1 No II 12 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
Section 3 Special Provisions for Protection under
A. Criminal provisions
I. Patent infringement
Art. 81
1 Any person who wilfully commits an act specified in Article 66 is, on complaint by the injured party, liable to a custodial sentence not exceeding one year or to a monetary penalty. 2 The right to file a complaint shall lapse after six months from the day on which the injured party became aware of the identity of the offender. 3 If the offender acts for commercial gain, he shall be prosecuted ex officio. The penalty is a custodial sentence not exceeding five years or a monetary penalty. …
Para. 1 — Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 3 — Third sentence repealed by No I 8 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 3 — Inserted by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
II. False information concerning the source
Art. 81a
1 Any person who wilfully provides false information under Article 49a is liable to a fine of up to 100,000 francs. 2 The court may order the publication of the judgment.
Art. 81a — Inserted by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
III. False patent marking
Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 82
1 Any person who wilfully offers for sale or distributes his business documents, notices or advertisements of any nature, products or goods bearing a designation that creates the erroneous belief that the products or goods have patent protection is liable to a fine. 2 The court may order the publication of the judgment.
Para. 1 — Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
B. Applicability of the general provisions of the
Art. 83
The general provisions of the Swiss Criminal Code apply unless this Act provides otherwise.
SR 311.0
Bbis. Infringements in businesses
Art. 83a
In the case of infringements within businesses committed by subordinates, agents or representatives, Articles 6 and 7 of the Federal Act of 22 March 1974 on Administrative Criminal Law apply.
Art. 83a — Inserted by Annex No 6 of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). SR 313.0
C. Place of jurisdiction
Art. 84
1 The competent authorities for the prosecution and judgment of an offence are those of the place where the act was committed or of the place where the act occurred; where more than one place comes into consideration, or where several joint offenders are concerned, the competent authorities are those of the place where the investigation was first commenced. 2 The competent authorities for the prosecution and judgment of instigators and accomplices are those which are competent for the prosecution and judgment of the main offender.
D. Competence of the cantonal authorities
I. In general
Art. 85
1 The prosecution and judgment of an offence is a matter for the cantonal authorities. 2 Judgments, penalty orders issued by administrative authorities and decisions to dismiss proceedings must be communicated without delay, free of charge and with full copies of documents to the Office of the Attorney General of Switzerland.
II. Plea of nullity of the patent
Art. 86
1 If the person under investigation pleads the nullity of the patent as a defence, the court may allow him an appropriate time limit within which to file a nullity action, giving appropriate notice of the penalty for failure to do so; if the patent has not been examined with regard to novelty and inventive step and if the court has any doubt as to the validity of the patent, or if the person under investigation has provided prima facie evidence that the defence of nullity of the patent appears justified, the court may allow the injured party an appropriate period within which to file an action for declaration of the validity of the patent, likewise giving appropriate notice of the penalty for failure to do so. 2 Where the action is raised within the stated period, the criminal proceedings shall be suspended until a final decision on the action has been issued; the limitation period for prosecution is suspended during this time. 3 …
Para. 1 — Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 3 — Repealed by Annex No 11 of the Civil Jurisdiction Act of 24 March 2000, with effect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).
Section 4 Assistance in connection with Goods bein
Inserted by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Amended by No I 6 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).
A. Notification of suspicious goods
Art. 86a
1 The Federal Office for Customs and Border Security (FOCBS) is authorised to notify the proprietor of a patent that is valid in Switzerland if there is any suspicion that goods that infringe a patent valid in Switzerland are about to be brought into or taken out of the customs territory. 2 In such cases, the FOCBS is authorised to detain the goods for three working days in order that the person entitled to file an application in accordance with Article 86b can do so.
Art. 86a — Amended by No I 6 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).
B. Application for assistance
Art. 86b
1 If the proprietor of the patent or the licensee that is entitled to institute proceedings has clear indications that goods which infringe a patent valid in Switzerland are about to be brought into or taken out of Swiss customs territory, the proprietor or licensee may request the FOCBS in writing to refuse the release of the goods. 2 Applicants may at the same time apply in writing for the goods to be destroyed: a. in accordance with the ordinary procedure (Art. 86f–86k); or b. in accordance with the simplified procedure (Art. 86l) if the consignment is small. 3 In the application in accordance with paragraph 2, applicants may request that the goods be handed over to them so that they can destroy the goods themselves. 4 The application in accordance with paragraph 2 letter a must not result in the time limits for obtaining preliminary measures in accordance with Article 86c paragraphs 3 and 4 being extended. 5 The Federal Council shall determine what constitutes a small consignment,
Art. 86b — Amended by No I 6 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).
C. Detention of the goods
Art. 86c
1 If, as a result of an application for assistance in accordance with Article 86b paragraph 1, the FOCBS has grounds to suspect that the goods intended to be brought into or taken out of the Swiss customs territory infringe a patent valid in Switzerland, it shall: a. detain the goods; and b. inform the applicant and the declarant, holder or owner of the goods. 2 If an application for the destruction of small consignments (Art. 86b para. 2 let. b) was submitted with the application for assistance in accordance with Article 86b paragraph 1, the procedure shall be governed exclusively by Article 86l. 3 The FOCBS shall detain the goods for a maximum of ten working days from the date on which the applicant received the notification in accordance with paragraph 1 letter b so that the applicant may obtain preliminary measures. 4 Where justified by the circumstances, it may detain the goods for a maximum of ten additional working days. 5 If the consignment is small, the FOCBS may transfer resp
Art. 86c — Amended by No I 6 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).
D. Samples
Art. 86d
1 While the goods are being withheld, the FOCBS is authorised to hand over or deliver to the applicant, on request, samples for examination or to permit the applicant to inspect the goods being withheld. 2 The samples are collected and delivered at the expense of the applicant. 3 They must be returned after the examination has been carried out, if this is reasonable. If samples are retained by the applicant, they are subject to the provisions of customs legislation.
Para. 1 — Name in accordance with No I 3 of the O of 12 June 2020 on the Amendment of Legislation as a consequence of the Change to the Name of the Federal Customs Administration as part of its further Development, in force since 1 Jan. 2022 (AS 2020 2743). This change has been made throughout the text.
E. Safeguarding of manufacturing and trade secrets
Art. 86e
1 At the same time as notification is made in accordance with Article 86c paragraph 1, the FOCBS shall inform the declarant, holder or owner of the goods of the possible handover of samples or the opportunity to inspect them in accordance with Article 86d paragraph 1. 2 The declarant, holder or owner may request to be present at the inspection in order to safeguard his manufacturing or trade secrets. 3 The FOCBS may refuse to hand over samples on a reasoned request from the declarant, holder or owner.
F. Notification of the application for destruction
I. Procedure
Amended by No I 6 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).
Art. 86f
1 … 2 If an application for destruction is made, the FOCBS shall notify the declarant, holder or owner of the goods accordingly as part of the notification made under Article 86c paragraph 1. 3 …
Para. 1 — Repealed by No I 6 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, with effect from 1 July 2025 (AS 2025 313; BBl 2023 1184). Para. 3 — Repealed by No I 6 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, with effect from 1 July 2025 (AS 2025 313; BBl 2023 1184).
II. Consent
Art. 86g
1 The destruction of the goods requires the consent of the declarant, holder or owner. 2 Consent is deemed to be given if the declarant, holder or owner does not expressly object to the destruction within the time limits given under Article 86c paragraphs 2 and 3.
Para. 2 — Presently: Art. 86c para. 3 and 4.
III. Evidence
Art. 86h
Before the destruction of the goods, the FOCBS shall remove samples and hold them in safekeeping as evidence in any actions for damages.
IV. Damages
Art. 86i
1 If the destruction of the goods proves to be unjustified, the applicant is exclusively liable for the resultant loss. 2 If the declarant, holder or owner has given express written consent for the destruction, no claims for damages may be made against the applicant if the destruction later proves to be unjustified.
V. Costs
Art. 86j
1 The destruction of the goods is carried out at the expense of the applicant. 2 The costs for collecting and safekeeping samples under Article 86h are decided by the court in connection with the assessment of claims for damages in accordance with Article 86i paragraph 1.
G. Accountability statement and damages
Art. 86k
1 If it is anticipated that withholding the goods may lead to a loss being incurred, the FOCBS may make the withholding of the goods dependent on the applicant providing them with an accountability statement. As an alternative to this statement and where justified by the circumstances, the FOCBS may request the applicant to provide appropriate security. 2 The applicant shall be liable for any losses incurred from withholding the goods and from collecting the samples if preliminary measures are not ordered or prove to be unjustified.
H. Simplified procedure for destroying small consi
Art. 86l
1 The FOCBS shall detain goods if the consignment is small and: a. if, as a result of an application for assistance in accordance with Article 86b paragraph 1, it has grounds to suspect that goods intended to be brought into or taken out of the Swiss customs territory infringe a patent valid in Switzerland; and b. an application for the destruction of small consignments (Art. 86b para. 2 let. b) has been submitted. 2 It may transfer responsibility for conducting the further procedure to the IPI. 3 The competent authority shall provide the declarant, holder or owner of the goods with notification of the suspicion and of the detained goods and inform the declarant, holder or owner that the goods will be destroyed if he does not expressly object to the destruction within ten working days of receiving this notification. 4 If the declarant, holder or owner expressly objects to the destruction within the time limit specified in paragraph 3, the competent authority shall notify the applicant
Art. 86l — Inserted by No I 6 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).