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

¹ If the grant of li­cences does not suf­fice to meet the de­mand of the do­mest­ic mar­ket, any per­son with a proven in­terest may bring an ac­tion for the can­cel­la­tion of the pat­ent after a peri­od of two years from the grant of the first li­cence un­der Art­icle 37 para­graph 1.

² If the le­gis­la­tion of the coun­try of which the pro­pri­et­or of the pat­ent is a na­tion­al or in which he is res­id­ent al­lows an ac­tion for can­cel­la­tion of the pat­ent for fail­ure to ex­ploit the in­ven­tion in that coun­try as early as three years after the grant of the pat­ent, such an ac­tion shall be al­lowed in­stead of the ac­tion for the grant of a li­cence, sub­ject to the con­di­tions spe­cified in Art­icle 37 for the grant of li­cences.⁸⁹