Rs 173.41 Law Of 20 March 2009 On The Federal Court Of Patents (Ltfb)

Original Language Title: RS 173.41 Loi du 20 mars 2009 sur le Tribunal fédéral des brevets (LTFB)

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173.41 Act the federal patent court * 1 (LTFB) of March 20, 2009 (status December 1, 2012) the Federal Assembly of the Swiss Confederation, saw the art.191a, al. 3, of the Constitution, given the message of the federal Council on December 7, 2007, stop: Chapter 1 status art. 1 principle the federal Patent Court is the Court of first instance of the Confederacy patent.
It shall act as the authority prior to the federal court.

Art. 2 independence in the exercise of its judicial powers, the federal Patent Court is independent and is subject only to the law.

Art. 3 monitoring the federal Tribunal exercises administrative supervision over the management of the federal Patent Court.
The Federal Assembly exercises supervision.
The federal Patent Court shall submit every year to the federal court in its draft budget, accounts and report of management for the Federal Assembly.

Art. 4 funding the federal Patent Court is funded by legal fees and contributions from the Federal Institute of intellectual property (IPI) levied on the fees collected annually on patents.

Art. 5 infrastructure and personnel on the Tribunal administration federal administrative court puts its infrastructure available to the federal Patent Court and provides the personnel necessary for the performance of its administrative tasks; he charges him these benefits at the cost price.
Staff who performs administrative tasks on behalf of the federal Patent Court is subject to the direction of it.

Art. 5aProtection of data during the use of the electronic infrastructure of the art. 57i 57q of the Act of 21 March 1997 on the Organization of Government and administration to apply by analogy to the use of the electronic infrastructure of the federal Administrative Tribunal by the federal court of patents in its administrative activities.
The federal Patent Court shall issue the implementing provisions.

Introduced by section II 4 of the Federal ACT of 1 October. 2010 (data protection when using the electronic infrastructure), in force since April 1, 2012 (RO 2012 941; FF 2009 7693).
SR 172.010 art. 6 place of hearing and of service the federal patent court holds hearings in the federal seat of the Administrative Tribunal. The latter is also the location of the ordinary judges, clerks and administrative personnel.

Art. 7 place of hearing special when the circumstances warrant, the federal patent court may hold hearings in another place. The cantons for free make available the necessary infrastructure.

Chapter 2 judges art. 8 composition of the federal Patent Court the Tribunal consists of judges with legal training and judges with technical training. The judges must have knowledge attested in patent law.
The federal Patent Court consists of two ordinary judges and a sufficient number of judges. The majority of the judges must have technical training.

Art. 9 Election the Federal Assembly elects the judges.
Anyone who has the right to vote in federal matter is eligible.
The Federal Assembly and the judicial Commission ensure a fair representation of technical fields and official languages.
IPI, specialized organizations and stakeholders active in the field of patents can be consulted during the preparation of the election.

Art. 10 incompatibility of the function the judges may be members of the Federal Assembly, the federal Council or judges to a federal court.
They cannot engage in any activity that could adversely affect the exercise of their function of judge, to the independence of the Court or its reputation.
They may perform any official duties for a foreign State.
Permanent judges may represent third parties professionally before the courts.
Regular full-time judges may perform any duties in the service of a canton or engage in any other gainful activity. They may not be members of management, administration, the supervisory body or the Auditors of a commercial enterprise.

Art. 11 other activities part-time ordinary judges must obtain approval from the management of the tribunal to exercise a lucrative activity outside the Court.

Art. 12 incompatibility for the person may be at the same time the federal patent court judges: a. spouses, registered partners and people who are permanently living together (b) spouses and partners registered to brothers and sisters as well as people who are permanently living together with a brother or a sister; c. relatives in direct line and , up to the third degree included in the collateral line; d. allies in direct line and up to the third degree included, in the collateral line.

The regulations provided for in para. 1, let. d, apply by analogy to those who are long-term joint household.

Art. 13 term of office the term of office of the judges is six years. The judges may be re-elected.
When a judge reaches the age of 68, his term of office ends at the end of the calendar year.
Vacancies are filled for the rest of the period.

New content according to section I 2 of the Federal ACT of 16 March 2012 (increase in the maximum age of the judges), in effect since Dec. 1. 2012 (2012 5647 RO; FF 2011 8255 8273).

Art. 14 revocation authority that has elected a judge can revoke it before the end of his term of office: a. If he seriously violated his duties as a function of intentionally or by gross negligence; (b) if he has permanently lost the ability to perform its function.

Art. 15 oath before their entry into function, judges are committed to carry out their duties conscientiously.
They take an oath before the full Court.
The oath can be replaced by a solemn promise.

Art. 16 repealed by section 5 of the annex to the Federal ACT of June 17, 2011 (review of requests to lift the immunity), with effect from Dec. 5. 2011 (2011 4627 RO; FF 2010 6719 6759).

Art. 17 reports of work and treatment. the Federal Assembly rule by order the working relationship and the salaries of the judges.

Chapter 3: Organization and management art. 18 Presidency the Federal Assembly elects the president of the federal court of patents among ordinary judges.
The president is elected for a period of whole function. He may be reappointed.
It must have legal training.
He presides over the plenary Court and represents the tribunal.
Substitute teaching is provided by the Vice President.

Art. 19 plenary court the plenary Court elects the Vice-Chairman from among the judges with a legal training and the other members of the management of the tribunal among the judges that make it up.
The plenary court may sit or decide by way of circulation with the participation of two thirds of the judges at least.

Art. 20 management of the tribunal the tribunal management is responsible for the administration of the tribunal.
It consists of three judges, namely ordinary judges and the Vice President. If the office of vice-president is assumed by an ordinary judge, the plenary Court elects the third member among the judges. A regulation may provide for the appointment of a replacement.
The tribunal is responsible: a. to enact regulations on the Organization and administration of the tribunal, the distribution of business, to the composition courses called to judgment, to information, legal fees, to pay the costs allocated to the parties and awards agents Office, experts and witnesses; b. to exercise all the tasks the law assigns to another body.

Art. 21 court proceedings as a general rule, the Court rules to three judges, of whom at least one must have a technical training and legal training.
The Court of five judges, including at least a must have technical training and a legal training, if the president so directs in the interests of the development of the law or the uniformity of the jurisprudence.
The Court seven judges at the most, whom one at least must have legal training, if the president so directs to enjoy several technical areas in a dispute.
Technical trained judges based on the areas which are under litigation.
Except in cases of force majeure, a regular judge at least must be a member of the Court, to decide.

Art. 22 vote the full Court and the direction of the court decisions and carry out the elections by an absolute majority of the votes.
In case of equality of votes, the Chairman has the casting vote; If there is an election or a commitment, fate decided.
Part-time ordinary judges and deputy judges have a voice.
The judges who have a personal interest in a case to challenge.

Art. 23 single judge the statue as a single judge president:

a. on the refusal to enter into on clearly inadmissible actions; (b) on applications for interim measures; c. on requests for judicial assistance; d. on the radiation of the role of the causes become irrelevant or closed by a withdrawal, acquiescence or transaction; e. on actions in a licence in accordance with art. 40 d of the law of 25 June 1954 on patents.

He may delegate these tasks, in whole or in part to other judges with legal training.
If legal reasons or situations of fact so require, he may rule on applications for interim measures with two other judges. He must rule with two other judges when the technical understanding is particularly important.

RS 232.14 art. 24 clerks clerks participate in education and business judgment. They have consultative voice.
They develop under the responsibility of a judge reports and draft decisions of the federal Patent Court.
They perform other tasks attributed to them by the regulations.
Work reports and processing clerks are governed by the Federal law of March 24, 2000, on the staff of the Confederation.

SR 172.220.1 art. 25 information the federal Patent Court informs the public on its case-law.

Chapter 4: powers art. 26. the federal Patent Court has exclusive jurisdiction: a. to rule on the validity or infringement of a patent and actions in a licence on a patent; b. to order interim measures before the pendency of an action referred to in the let. a; c. to carry out decisions that he has made under its exclusive jurisdiction.

It has the competence to judge other civil actions which have a connection with patents, in particular those concerning ownership or assignment of patents. The jurisdiction of the federal Patent Court does not exclude that of the cantonal courts.
If a cantonal court must rule on the question or the exception of nullity or of infringement of a patent, the judge fixed a period appropriate to the parties to bring an action in nullity or infringement before the federal Patent Court. The County Court shall stay the proceedings until the federal patent court decision has entered into force. If the federal Patent Court is not entered within the time limit, the cantonal court resumes the procedure, and the question or the exception is not taken into account.
If the defendant brought a counterclaim for invalidity or infringement of a patent before the cantonal court, this passes the two applications to the federal Patent Court.

Chapter 5 Section 1 right Procedure applicable art. 27. the proceedings before the federal Patent Court is governed by the code of civil procedure of December 19, 2008, unless the law of 25 June 1954 on patents or this Act is prepared otherwise.

RS 272 RS 232.14 Section 2 challenge art. 28. the judges reject in proceedings where a party is represented by a person who works in the same study of lawyers in the same cabinet Council in patents or for the same employer.

Section 3 Representation of parties art. 29. a Council patent within the meaning of art. 2 of the Act of March 20, 2009 on patent attorneys may represent a party before the federal Patent Court in proceedings concerning the validity of a patent provided that he exercises his profession independently.
At the request of the federal Patent Court, he must prove that he exercises his profession independently by means of appropriate documents.
A Council patent within the meaning of art. 2 of the Act of March 20, 2009 on patent attorneys may make a technical presentation of the facts in all of the debates of the federal Patent Court.

RS 935.62 Section 4 fees and legal aid art. 30 costs include: a. the court costs; b. costs.

Art. 31 court costs, court costs include: a. the legal fee; (b) disbursements, including costs generated by the photocopying of briefs and sending quotes and other notifications, translation costs, except from one official language to another, as well as allowances allocated to experts and witnesses.

The court fee is calculated based on the value in dispute, to the extent and difficulty of the cause, in the manner of conduct of the parties and their financial situation.
As a general rule, the amount of the court fee is between 1 000 and 150 000 francs.
The federal patent court may deviate from the range under para. 3 if special reasons so warrant.
He may waive recover court costs which were not caused by a party or by a third party.

Art. 32 costs the federal Patent Court fixed costs according to the tariff referred to in art. 33. parties may produce a Bill.

Art. 33 the federal Patent Court rate tariff of costs.

Art. 34 settlement of costs in the case of legal aid when the part for the benefit of legal aid succumbs, the costs are distributed as follows: a. the federal Patent Court pays fairly legal defender; b. court costs are the responsibility of the federal Patent Court; c. the advances that the opposing party has made are returned to him; d. the part for the benefit of legal aid shall pay costs to the other party.

When the party to the benefit of legal aid is successful, the committed legal counsel is paid fairly by the Court when costs cannot be obtained from the other party or that they likely won't. The part for the benefit of legal assistance reimburses the tribunal when it is able to do.

Section 5 conduct of the trial and proceedings art. 35 judge instructor president leads the proceedings of judge until delivery of the judgment; He may assign this task to another judge with legal training.
The investigating judge may, at any time, appeal to a judge with a technical background, which has advisory.

Art. Language of the proceedings the tribunal 36 refers to one of the languages as language of proceedings. It takes into account the language of the parties if it is an official language.
Each party may use one official language other than that of the procedure for the pleadings and in the debates.
English may be used with the consent of the tribunal and the parties. The judgements and procedural decisions are written in an official language.
If some product parts which are written in an official language or in English in the case referred to in para. 3, the Court may, subject to the agreement of the other party, do not require translation. He ordered a translation if necessary.

Section 6 Expertise art. 37. all expertise is made in writing.
The parties have the opportunity to comment in writing on expertise.
If a judge with technical training has expertise on the bottom, its opinions are recorded in the minutes. The parties have the opportunity to comment on the minutes.

Section 7 reviews on the administration of evidence art. 38 at the end of the administration of evidence, the federal court of patents gives the opportunity to the parties, on reasoned request, to comment in writing on the results of the taking of evidence.

Section 8 Procedure and decision of granting of a license or of changes to the terms of a licence within the meaning of art. 40 d of the law on patents art. 39. the procedure for granting of a license or of changes to the terms of a licence within the meaning of art. 40 d of the law of 25 June 1954 the patent is opened by an action of one of the forms set out in art. 130 of the code of civil procedure.
It must be closed by decision in the month following the commencement of the action.
In addition, the provisions relating to the summary procedure of the code of civil procedure of 19 December 2008 shall apply.

RS RS 272 RO 2010 6413 232.14 Chapter 6 provisions final art. 40 amendment of the law in force the change in the law in force is set in the annex.

Art. 41 available transitional the federal patent court resumes, in its field of competence, the handling of procedures which, at the time of the entry into force of this Act are pending before district courts, provided that the main discussions have not occurred.

Art. 42 referendum and entry into force the present law is subject to the referendum.
The federal Council shall determine the date of entry into force.

Annex (art. 40) amendment of the law in force.

Mod. can be found at the RO 2010 513.

State on December 1, 2012

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