Expedited Swiss Nullity Proceedings

I wish everyone a happy 2026. As always at the beginning of a new year, we take a look back at the previous one from the perspective of proceedings before the Swiss Federal Patent Court (FPC). One of the most significant developments does not stem from a case decided by the FPC in 2025, but rather from an announcement the Court made on 9 December 2025.

The FPC published on its website a major procedural innovation: nullity actions will now be expedited whenever the challenged IP right forms the basis of an infringement action. The Swiss Court aims to complete such nullity proceedings within a maximum of 12 months. On its LinkedIn page, the Swiss Federal Patent Court illustrated the new accelerated nullity procedure as follows (let us hope the new procedure does not turn into a circular argument…):

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The scope of the FPC's announcement appears to be remarkably broad. While the original idea behind this accelerated track may have been triggered by recent UPC cases that involved Swiss parts of European patents - despite validity objections being raised - the reach of the new regime could go even further.

Key Considerations for the new expedited Swiss nullity proceedings:

• A nearly universal trigger:
  Any infringement action, whether before the UPC or a national court, appears sufficient to trigger expedited nullity proceedings in Switzerland. The FPC’s announcement does not suggest that the infringement plaintiff must seek injunctive relief for Switzerland.
• Swiss nullity actions despite pending EPO proceedings:
  Unlike in other jurisdictions, Swiss nullity proceedings remain available even when EPO opposition or appeal proceedings are still ongoing.
• Likely applicable to SPCs:
  The announcement of the FPC does not limit the fast‑track proceedings to patents; supplementary protection certificates may also fall within the scope.
• No identity of parties required:
  Although this is not explicitly addressed in the announcement, the FPC does not seem to require the parties in the infringement and nullity actions to be identical.
• The FPC has clarified that the new practice applies with immediate effect, including to pending cases.

Recent nullity actions in Switzerland have taken around 1.5 years. Eliminating the instructional hearing and sharply restricting deadline extensions will remove roughly six months from the timeline. The FPC’s target of 12 months or less for such nullity cases therefore appears achievable. It should be possible to obtain a validity decision on the Swiss part of a European patent or a Swiss patent before an infringement court issues its infringement ruling.