Key Benefits:
28 September 2011 (State 1 Er April 2013)
The Federal Patent Court,
Having regard to art. 20, para. 3, let. A, and 33 of the Law of 20 March 2009 on the Federal Patent Court (LTFB) 1 ,
Terminates the following regulation:
1 The judicial fee is in line with the following indicative amounts:
| The disputed value in Francs |
Judicial olument in francs |
| Up to 50,000 |
1000-12,000 |
| 50,000-100,000 |
8000-16,000 |
| 100,000-200,000 |
12,000-24,000 |
| 200,000-1,000,000 |
20,000-66,000 |
| 1 000 000-3 000 000 |
60,000-120,000 |
| 3 000 000-5 000 000 |
80,000-150,000 |
| More than 5 000 000 |
100,000-150,000 |
2 Within the margins indicated in para. 1, the fee is determined on the basis of the magnitude and difficulty of the cause, the manner in which the parties are proceeding, and their financial position. It includes lump-sum disbursements, with the exception of translation costs and allowances to experts and witnesses. 1
3 It is possible to deviate from the amounts indicated in para. 1 where justified by specific reasons.
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 675 ).
The costs allocated to the party that was successful under s. 32 LTFB includes:
The legal representative's allowance is generally determined on the basis of the disputed value. The amount is within the margins set out in s. 5 and depends on the importance, the difficulty and magnitude of the cause, and the time required for the defence.
| The disputed value in Francs |
Legal representative's allowance, in francs |
| Up to 50,000 |
2000-16,000 |
| 50,000-100,000 |
10,000-24,000 |
| 100,000-200,000 |
16,000-32,000 |
| 200,000-1,000,000 |
24,000-70,000 |
| 1 000 000-3 000 000 |
40,000-110,000 |
| 3 000 000-5 000 000 |
70,000-150,000 |
| More than 5 000 000 |
100,000-300,000 |
In the case of summary proceedings, the lawyer's allowance is generally reduced to 50 to 70 %.
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 675 ).
The review and interpretation procedures give rise to an allowance for the legal representative generally between 2000 and 20 000 francs.
If the time required for defence by a legal representative is manifestly disproportionate to the disputed value, it is possible to increase or reduce the amounts set out in s. 5.
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 675 ).
1 If the party is represented by a patent attorney within the meaning of s. 29, para. 1, LTFB, the allowance is calculated by analogy to s. 3, let. B.
2 If the patent attorney is acting as a consultant only, compensation must be required for the reimbursement of expenses necessary for the purposes of s. 3 let. A. 1
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 675 ).
Art. 5 is applicable to the allowance of ex officio lawyers.
1 The court shall fix, on the basis of the file, an aggregate amount for costs. The amount includes value added tax.
2 The parties and ex officio counsel may file a statement of fees and charges. 1
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 675 ).
Witnesses shall be entitled to compensation and reimbursement of the costs necessary and attested by evidence.
1 Witnesses receive compensation:
2 In the event of a loss of earnings, witnesses shall be paid an allowance which, as a rule, is between 25 and 150 francs per hour. If justified by special circumstances, the court may decide to grant the witness compensation for his or her loss of employment. It is not taken into account if it is extraordinarily high.
Persons who are required to provide information or other third parties affected by evidence-based measures are entitled to the same compensation as witnesses.
1 The court compensates the experts on the basis of time spent on their mandate. The necessary fees are refunded in addition.
2 The tariff applied is a function of the knowledge required and the difficulty of the mandate; the experts who perform their activities independently are generally compensated according to the usual tariffs of the branch or according to convention.
3 The amount of the allowance shall be determined on the basis of the expert's statement of fees and expenses. 1
4 The allowances are increased by VAT, as long as they are subject to VAT.
5 Before giving a mandate of expertise, the court may request a quotation.
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 675 ).
1 As a general rule, interpreters are compensated for 60 to 120 francs per hour. The rate applied is a function of their training and professional experience. The necessary fees are refunded in addition.
2 The parties are free to use their costs to an interpreter for the proceedings, provided that the proceedings are not hindered. 1
3 Translators are compensated according to the usual rates of the branch.
4 The allowances are increased by VAT, as long as they are subject to VAT.
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 675 ).
