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

¹ When the pat­ent ap­plic­a­tion has been filed by an ap­plic­ant who, un­der Art­icle 3, is not en­titled to the grant of the pat­ent, the en­titled per­son 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 file an ac­tion for nullity.

² …⁷³

³ If an as­sign­ment is ordered, li­cences or oth­er rights gran­ted to third parties in the in­ter­ven­ing peri­od lapse; however, if they have used the in­ven­tion com­mer­cially in Switzer­land in good faith or have made spe­cial pre­par­a­tions to do so, these third parties are en­titled to be gran­ted a non-ex­clus­ive li­cence.⁷⁴

⁴ Any claims for dam­ages are re­served.

⁵ Art­icle 40e ap­plies by ana­logy.⁷⁵