HOME > Reference Room[Other Reference Information] > Information on foreign industrial property systems > Table of Contents >

Chapter 4 Modifications of the Right to Obtain a Patent and of the Right to the Patent; Grant of Licenses A. Action for Assignment I. Conditions and Effects Against Third Parties Art. 29 (1) When the patent application was filed by an applicant who, according to Article 3, is not entitled to obtain a patent, the rightful owner may apply for assignment of the patent application or, if the patent has already been granted, he may apply for assignment of the patent or enter an action for invalidation. (2) [Repealed] (3) Where assignment is ordered by the court, any licenses or other rights conferred in the meantime on third parties shall be void; such third parties may, however, apply for a non-exclusive license if they have professionally used the invention in good faith in Switzerland or have made special preparations for that purpose. (4) Any claims for damages shall be reserved. (5) The corresponding provisions of Article 40b shall apply. II. Partial Assignment Art. 30 (1) If the plaintiff cannot prove his right to all the claims, assignment of the patent application or of the patent shall be ordered by the court, subject to the elimination of the claims to which the plaintiff has not proved his right. (2) In this case, Article 25 shall apply by analogy. III. Term for Action Art. 31 (1) An action for assignment must be filed within two years from the official date of the publication of the patent specification. (2) An action against a defendant of bad faith has no time limit. B. Expropriation of the Patent Art. 32 (1) If public interest so requires, the Federal Council may wholly or partially expropriate the patent. (2) The former owner of an expropriated patent shall be entitled to full compensation which, in case of dispute, shall be fixed by the Federal Court; the provisions of Chapter II of the Federal Law of June 20, 1930, on expropriation shall apply by analogy. C. Transfer of Rights to Obtain a Patent and of Patent Right Art. 33 (1) The right to obtain a patent and the right to the patent shall pass to the heirs; these rights can be assigned to third parties either wholly or in part. (2) Where the said rights are jointly owned, each co-owner may exercise those rights only with the consent of the others; however, each one may independently dispose of his part and take action for violation of the patent. (2bis) The transfer of a patent application and of the patent that result from a legal act shall be valid only if evidenced in writing. (3) A patent may be transferred without entry of the transfer in the Register of Patents; however, in the absence of such entry, any action provided for in this Law may be taken against the former owner of the patent. (4) Rights of third parties not recorded in the Register of Patents are not opposable against persons who have in good faith acquired rights to the patent. D. Grant of Licenses Art. 34 (1) The applicant for or the registered owner of a patent may grant to third parties the right to use the invention (grant of licenses). (2) Where a patent application or the patent itself is owned by several persons, a license may not be granted without the consent of all co-owners. (3) Licenses not recorded in the Register of Patents are not opposable against persons who have in good faith acquired rights to the patent.

[Prev] [Next]

HOME > Reference Room[Other Reference Information] > Information on foreign industrial property systems > Table of Contents >