Federal Act
on Patents for Inventions
(Patents Act, PatA)¹

¹ The court shall, on ap­plic­a­tion, de­clare the nullity of the pat­ent if:

a.

the sub­ject-mat­ter of the pat­ent is not pat­entable un­der Art­icles 1, 1a, 1b and 2;

b.

the in­ven­tion is not de­scribed in the pat­ent spe­cific­a­tion in a man­ner suf­fi­ciently clear and pre­cise for it to be car­ried out by a per­son skilled in the art;

c.

the sub­ject-mat­ter of the pat­ent goes bey­ond the con­tent of the pat­ent ap­plic­a­tion in the ver­sion that de­term­ined the fil­ing date;

d.

the pro­pri­et­or of the pat­ent is neither the in­vent­or nor his suc­cessor in title, nor has a right to the grant of the pat­ent on oth­er leg­al grounds.⁶⁹

² Where a pat­ent is gran­ted with re­cog­ni­tion of pri­or­ity, and the ap­plic­a­tion claim­ing the pri­or­ity does not lead to a pat­ent, the court may re­quire the pro­pri­et­or of the pat­ent to state the grounds and to present evid­ence; if the in­form­a­tion is with­held, the court has full dis­cre­tion in its judg­ment of this.⁷⁰