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

¹Any per­son re­quest­ing pre­lim­in­ary meas­ures may, in par­tic­u­lar, re­quest that the court or­ders:

a.

meas­ures to se­cure evid­ence, to pre­serve the ex­ist­ing state of af­fairs or to pro­vi­sion­ally en­force claims for in­junct­ive re­lief and rem­edy;

b.

a pre­cise de­scrip­tion to be made:

1.

of the al­legedly un­law­ful pro­cesses used,

2.

of the al­legedly un­law­ful products man­u­fac­tured as well as the means used to man­u­fac­ture them; or

c.

the seizure of these ob­jects.

² If a party re­quests a de­scrip­tion to be made, it must provide prima facie evid­ence that an ex­ist­ing claim has been in­fringed or an in­fringe­ment is sus­pec­ted.

³ If the op­pos­ing party claims that a man­u­fac­tur­ing or trade secret is in­volved, the court shall take the ne­ces­sary meas­ures to safe­guard it. It may ex­clude the ap­plic­ant party from par­ti­cip­at­ing in the pro­ced­ure for mak­ing the de­scrip­tion.

⁴ The pro­ced­ure for mak­ing the de­scrip­tion, with or without seizure, shall be car­ried out by a mem­ber of the Fed­er­al Pat­ent Court, who may call on the as­sist­ance of an ex­pert if ne­ces­sary. It shall be car­ried out, where ne­ces­sary, in col­lab­or­a­tion with the com­pet­ent can­ton­al in­stances.

⁵ Be­fore the ap­plic­ant party is no­ti­fied of the de­scrip­tion, the op­pos­ing party shall be giv­en the op­por­tun­ity to com­ment.