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

¹ Three years from the date of the grant of the pat­ent, or at the earli­est four years after fil­ing the pat­ent ap­plic­a­tion, any per­son with a le­git­im­ate in­terest may ap­ply to the court for the grant of a non-ex­clus­ive li­cence to use the in­ven­tion if the pro­pri­et­or of the pat­ent has not suf­fi­ciently ex­ploited it in Switzer­land by the time of the ac­tion and can­not jus­ti­fy such a fail­ure. Im­port­ing is also con­sidered do­mest­ic ex­ploit­a­tion.⁸⁶

² …⁸⁷

³ At the re­quest of the plaintiff, the court may grant a li­cence im­me­di­ately after the ac­tion has been filed without pre­ju­dice to the fi­nal judg­ment provid­ing that, in ad­di­tion to the con­di­tions set out in para­graph 1, the plaintiff provides prima facieevid­ence that he has an in­terest in the im­me­di­ate use of the in­ven­tion and that he provides ad­equate se­cur­ity to the de­fend­ant; the de­fend­ant shall be giv­en the op­por­tun­ity to be heard be­fore­hand.⁸⁸