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

Any per­son demon­strat­ing an in­terest may bring an ac­tion to ob­tain a de­clar­at­ory judg­ment on the ex­ist­ence or non-ex­ist­ence of a cir­cum­stance or leg­al re­la­tion­ship gov­erned by this Act, in par­tic­u­lar:

1.

that a par­tic­u­lar pat­ent is val­id;

2.

that the de­fend­ant has per­formed an act re­ferred to in Art­icle 66;

3.

that the plaintiff has not per­formed any act re­ferred to in Art­icle 66;

4.¹⁷⁵

that a par­tic­u­lar pat­ent is not en­force­able against the plaintiff by vir­tue of a leg­al pro­vi­sion;

5.

that with re­gard to two par­tic­u­lar pat­ents, the re­quire­ments of Art­icle 36 for the grant of a li­cence are or are not ful­filled;

6.

that the plaintiff has made the in­ven­tion, which is the sub­ject-mat­ter of a par­tic­u­lar pat­ent ap­plic­a­tion or pat­ent;

7.¹⁷⁶

that a par­tic­u­lar pat­ent, which vi­ol­ates the double pat­ent­ing pro­hib­i­tion, has be­come in­val­id.