The “representative” registered with the Swiss Patent Register for the Swiss part of a European patent does not constitute a legal representative within the meaning of the Code of Civil Procedure.…
Public prior use when a third party discloses all features of the patent-in-suit before the priority date to the alleged infringer, without concluding a non-disclosure agreement with the alleged…
Although there is a well-known crime novel by James M. Cain saying the contrary, the postman does not always ring twice, particularly not in patent nullity proceedings when it comes to the service of…
The Federal Supreme Court confirmed the Federal Patent Court's three-step function, accessibility and equal value test to analyse infringement under the doctrine of equivalents.
A full summary of…
Whenever a patent holder fails to prove that the patent protection of a component, incorporated into a complex product, is not of subordinate importance to the basic functional characteristic of the…
In my latest Kluwer post I wrote about the confusion caused by the most recent decision of the Swiss Federal Supreme Court concerning the doctrine of equivalence.
This confusion seems to have…
In the middle of the turmoil caused by Brexit and the US elections tiny Switzerland (apropos, a country with an old democracy and some experience in implementing problematic election results as well…
Swiss procedural law foresees the possibility to file a protective letter if someone believes it will be confronted with a request for ex-parte interim measures without being heard. The corresponding…
A former employee inventor's obligation to sign a declaration of assignment of a patent application to the former employer can be enforced in summary proceedings pursuant to the Swiss Code of Civil…
Swiss Federal Patent Court, Case No O2013_006 (7 October 2015)
The Swiss Federal Patent Court partially revoked/upheld the Swiss Part of EP 0 944 937 B1 concerning a hydraulic pressing device in…
