Rs 173.413.1 Regulation Of The Federal Court Of Patents (Namely), September 28, 2011

Original Language Title: RS 173.413.1 Règlement du 28 septembre 2011 du Tribunal fédéral des brevets (RTFB)

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173.413.1 regulation of the federal Patent Court (namely) of September 28, 2011 (April 1, 2013 State) the federal court of patents, under art. 20, al. 3, let. a, of the law of March 20, 2009 on the federal court of the patent, shall adopt the following regulation: Section 1 Organisation of the Court section 1 tasks of the plenary court the plenary Court is competent to elect the vice-president and required an additional member of the direction of the Court in accordance with art. 20, al. 2, LTFB.
She advises the direction of the tribunal for the development of the regulations.

S. 2 convocation of the plenary court the plenary court shall be convened by the president of the tribunal.

S. 3 Presidency the president of the tribunal is responsible for the following tasks including: a. represent the tribunal outside; b. preside over the full Court and the direction of the Court; c. convene the full Court and the direction of the Court; d. appoint a replacement for the direction of the tribunal among the judges with legal training, in accordance with art. 20, al. 2, LTFB; e. stop the composition of the Court called in; f. define the language of the proceedings and allow the use of the English language; g. determine the special hearing locations.

The vice-president or the third ordinary member of the direction of the tribunal replaces and assists the president, and carries with him the tasks assigned to the Presidency.

New content according to ch. I to the R of the TFB from 12 Dec. 2012, in force since April 1, 2013 (RO 2013 673).

S. 4 direction of the direction of the tribunal Court is competent for: a. make regulations pursuant to art. 20, al. 3, let. a, LTFB; b. allow patent attorneys to represent parties in accordance with art. 29, al. 1, LTFB and a corresponding register; c. decisions of the employer; d. adopt the draft of the budget, the accounts and the management report to the attention of the Federal Assembly; e. all tasks that the Act does not assign to another body.

It shall take its decisions by a simple majority. It deliberates validly if at least two members participate in the deliberation or traffic. In the event of equality of votes, the president is dominating.
The direction of the tribunal cannot decide requests for recusal challenged within the meaning of art. 11 that if all members are present.
If a member is prevented or affected by an application for disqualification, it is overridden by the alternate according to art. 20, al. 2, LTFB. If the replacement or one other Member of the management of the Court is prevented or affected by an application for disqualification, it is overridden by judge training legal Dean of function and equal seniority, by the oldest Member.

S. 5. first Registrar first clerk directs the administration of the tribunal.
It is the responsibility: a. prepare and execute the decisions taken by the direction of the Court; b. to prepare the budget, the accounts and the financial plan; c. to control finance in cooperation with the general Secretariat of the federal administrative court; d. to prepare the annual report; e. Security; f. to ensure adequate computer services.

The first clerk participates with voice but without vote in the deliberations of the plenary Court and the direction of the tribunal. It is responsible for the preparation of the minutes.
It also exercises the function of Registrar within the meaning of art. 9 s. 6 authority to sign the president and the first clerk sign jointly for cases which fall within the competence of the plenary court or the direction of the tribunal.
President only sign for all matters which fall within its exclusive competence.
The first clerk only sign for all administrative affairs. For some files, it can delegate this authority to third parties.

Section 2 Organization of case law art. 7 Court called in the president of the tribunal stop the number of members and the composition of the Court called to adjudicate in accordance with the requirements of art. 21 LTFB.
For the discussion of statement, the Chairman appoints a judge who attends debates with him or with the instructor judge. The president may also appoint two persons.
For the main proceedings, the Court is required completed after the second Exchange of Scriptures. If a decision of the Court is required before, the Court is completed at this point already.
The judges are appointed based on their areas of expertise. In this context, it should be to ensure a balanced distribution of cases among judges.

S. 8. other activities carried out by the judges an ordinary part-time judge who wishes to exercise a gainful occupation outside the Court within the meaning of art. 11 LTFB must request authorization from the direction of the tribunal.
The permission is granted if the activity, taking into account the time needed for its execution, does not prevent the judge to devote himself fully to its function. The rules concerning incompatibility (art. 10 LTFB) must in all cases be respected.

S. 9 clerks clerks are responsible for the tasks provided for in art. 24, al. 1 and 2, LTFB.
They are also responsible for: a. the keeping the minutes of the debates and hearings; b. the publication of decisions.

The instructor judge may authorize a clerk to sign on its behalf an incidental ruling.

Section 3 Procedure for recusal s. 10Obligation declare the magistrates and judicial officials report immediately in the direction of the Court the existence of a ground for possible disqualification within the meaning of art. 47, al. 1, of the code of civil procedure, regardless of the stage of the proceedings.
The magistrate or the court official recuse himself if he considers that the ground is achieved.

New content according to ch. I to the R of the TFB from 12 Dec. 2012, in force since April 1, 2013 (RO 2013 673).
RS 272 s. 11decision on the challenge the request for recusal is disputed, the direction of the tribunal shall act in the absence of the judge or the judicial officer concerned.

New content according to chapter I of the TFB of R from 12 Dec. 2012, in force since April 1, 2013 (RO 2013 673).

Section 4 Procedure in the background art. 12 judgment the court adjudicate on a matter by way of circulation or at a non-public deliberation.
The procedure by way of movement is headed by the president.
The hearings and deliberations are led by the president if the latter is part of the Court called in. In other cases, this task is the duty judge instructor.

S. 13 approval of the motivation of the judgment and dissent when a decision is made by taxiway, the motivation of the judgment cannot be changed at the end of the movement only with the agreement of all the judges concerned, unless it comes to corrections of a drafting nature.
When a decision is made during a deliberation, the written reasons for judgment is submitted by taxiway to judges concerned for approval; the al. 1 shall apply by analogy.
When a decision is made by majority, a magistrate or a judicial officer may express his dissent to the decision. The annex is issued with the decision.

New content according to chapter I of the TFB of R from 12 Dec. 2012, in force since April 1, 2013 (RO 2013 673).
Introduced by chapter I to the R 12 dec TFB. 2012, in force since April 1, 2013 (RO 2013 673).

S. 14 signing of decisions judgments shall be signed by the judge presiding the Court and the clerk. If unable to attend, another Member of the Court signs.
The decisions made by a single judge (art. 23 LTFB) are signed by the judge who ruled and by the Registrar. If unable to attend, the decision shall be signed by a member of the tribunal appointed by the judge who ruled.

Section 5 audio recordings and video art. 15. catches of his or views are prohibited within the confines of the federal Patent Court.

Section 6 provision final art. 16. this Regulation comes into force on January 1, 2012.

RO 2011 6411 RS 173.41 State April 1, 2013

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