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28 September 2011 (State 1 Er April 2013)
The Federal Patent Court,
See art. 20, para. 3, let. A, of the Law of 20 March 2009 on the Federal Patent Court (LTFB) 1 ,
Terminates the following regulation:
1 The Plenary Court shall have jurisdiction to elect the Vice-Chairperson and, if necessary, an additional member of the direction of the Court in accordance with Art. 20, para. 2, LTFB.
2 It advises the tribunal's management for the development of regulations.
The plenary Court shall be convened by the President of the Court.
1 The President of the Tribunal is responsible for the following tasks:
2 The Vice-President or the third ordinary member of the Directorate of the Court shall replace and assist the President, and shall exercise with him the tasks assigned to the Presidency.
1 New content according to the c. I of the R du TFB of 12 Dec. 2012, effective from 1 Er April 2013 ( RO 2013 673 ).
1 The court's management is responsible for:
2 It takes its decisions by a simple majority. It is validly deliberate when at least two members participate in deliberation or circulation. In the case of a tie, that of the President shall be paramount.
3 The direction of the Tribunal cannot adjudicate contested objections within the meaning of s. 11 if all members are present.
4 If a member is prevented or affected by a request for recusal, he shall be substituted by the substitute according to Art. 20, para. 2, LTFB. If the substitute or other member of the management of the court is prevented or affected by a request for recusal, he shall be substituted by the judge of legal training in the dean of the office and, on equal seniority, by the oldest member.
1 The first clerk directs the administration of the tribunal.
2 It is responsible for:
3 The first clerk shall participate with a consultative vote in the deliberations of the Full Court and in the direction of the Court. He is responsible for the preparation of the minutes.
4 He also acts as a clerk within the meaning of s. 9.
1 The President and the first clerk shall sign jointly for cases which fall within the competence of the Full Court or the direction of the Court.
2 The President shall sign alone for all matters which fall within his or her competence alone.
3 The first clerk shall sign for all administrative matters. It may, for certain cases, delegate this power to third parties.
1 The President of the Court shall determine the number of members and the composition of the court to be determined in accordance with the requirements of Art. 21 LTFB.
2 In the case of proceedings, the President shall designate a judge who participates with him or the judge in the debates. The President may also designate two persons.
3 For the main proceedings, the Court shall be completed after the second exchange of entries. If a court decision is required before, the court is completed at this stage.
4 Judges are appointed on the basis of their areas of expertise. In this context, it is appropriate to ensure a balanced distribution of cases between judges.
1 A part-time ordinary judge who wishes to engage in a gainful occupation outside the court within the meaning of s. 11 LTFB must apply to the court for an authorization.
2 The authorisation shall be granted if the activity, taking into account the time it takes to execute it, does not prevent the judge from devoting himself fully to his office. The rules on incompatibility (art. 10 LTFB) must in all cases be respected.
1 Magistrates and judicial officials shall immediately inform the court's management of the existence of a possible ground for challenge within the meaning of s. 47, para. 1, of the Code of Civil Procedure 2 , regardless of the stage of the procedure.
2 The judge or judicial official concerned shall recuse if he considers that the reason is fulfilled.
1 New content according to the c. I of the R du TFB of 12 Dec. 2012, effective from 1 Er April 2013 ( RO 2013 673 ).
2 RS 272
If the request for recusal is contested, the management of the court shall act in the absence of the magistrate or judicial official concerned.
1 New content according to the c. I of the R of 12 Dec. 2012, effective from 1 Er April 2013 ( RO 2013 673 ).
1 The court shall rule on a case by way of circulation or in non-public deliberation.
2 The procedure by road is headed by the President.
3 Hearings and proceedings shall be directed by the President if the President is a member of the Court of Appeal. In other cases, this task is the responsibility of the investigating judge.
1 When a decision is made by way of circulation, the reasons for judgment may be changed only with the agreement of all the judges concerned, except in the case of editorial corrections.
2 When a decision is rendered on a deliberation, the written reasons for the judgment shall be submitted by way of circulation to the judges concerned for approval; para. 1 shall apply mutatis mutandis.
3 When a decision is taken by a majority, a judge or a judicial official may express his dissenting opinion in the annex to the decision. The annex is published with the decision. 2
1 New content according to the c. I of the R of 12 Dec. 2012, effective from 1 Er April 2013 ( RO 2013 673 ).
2 Introduced by ch. I of the R of 12 Dec. 2012, effective from 1 Er April 2013 ( RO 2013 673 ).
1 Judgments shall be signed by the judge presiding over the court and by the Registrar. In case of incapacity, another member of the court signs.
2 Decisions rendered by a single judge (art. 23 LTFB) are signed by the judge who has ruled and by the Registrar. In the event of incapacity, the decision shall be signed by a member of the court designated by the judge who has ruled.
The taking of his or her views shall be prohibited within the premises of the Federal Patent Court.