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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. 73

1 Any per­son who per­forms an act re­ferred to in Art­icle 66 either wil­fully or through neg­li­gence shall be re­quired to pay dam­ages to the in­jured party ac­cord­ing to the pro­vi­sions of the Code of Ob­lig­a­tions171.

2 …172

3 An ac­tion for dam­ages may only be brought after the pat­ent has been gran­ted; the de­fend­ant may, however, be held li­able for loss or dam­age caused from the time when he first ob­tained know­ledge of the con­tent of the pat­ent ap­plic­a­tion, but at the latest from the pub­lic­a­tion of the ap­plic­a­tion.173

4 …174

171SR220

172 Re­pealed by An­nex 1 No II 12 of the Civil Pro­ced­ure Code of 19 Dec. 2008, with ef­fect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

173 Amended by No I of the FA of 22 June 2007, in force since 1 Ju­ly 2008 (AS 2008 2551; BBl 2006 1).

174In­ser­ted by No I of the FA of 17 Dec. 1976 (AS 1977 1997; BBl 1976 II 1). Re­pealed by No I of the FA of 22 June 2007, with ef­fect from 1 Ju­ly 2008 (AS 2008 2551; BBl 2006 1).