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

of 25 June 1954 (Status as of 1 July 2023)

1Amended by No I of the FA of 3 Feb. 1995, in force since 1 Sept. 1995 (AS 1995 2879; BBl 1993 III 706).

Art. 29

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

73 Re­pealed by No I of the FA of 17 Dec. 1976, with ef­fect from 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1).

74Amended by No I of the FA of 16 Dec. 1994, in force since 1 Ju­ly 1995 (AS 1995 2606; BBl 1994 IV 950).

75 In­ser­ted by No I of the FA of 16 Dec. 1994 (AS 1995 2606; BBl 1994 IV 950). Amended by No I of the FA of 22 June 2007, in force since 1 Ju­ly 2008 (AS 2008 2551; BBl 2006 1).