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

¹If the pro­pri­et­or of the pat­ent or the li­censee that is en­titled to in­sti­tute pro­ceed­ings has clear in­dic­a­tions that goods which in­fringe a pat­ent val­id in Switzer­land are about to be brought in­to or taken out of Swiss cus­toms ter­rit­ory, the pro­pri­et­or or li­censee may re­quest the FO­CBS in writ­ing to re­fuse the re­lease of the goods.

²Ap­plic­ants may at the same time ap­ply in writ­ing for the goods to be des­troyed:

a.

in ac­cord­ance with the or­din­ary pro­ced­ure (Art. 86f–86k); or

b.

in ac­cord­ance with the sim­pli­fied pro­ced­ure (Art. 86l) if the con­sign­ment is small.

³In the ap­plic­a­tion in ac­cord­ance with para­graph 2, ap­plic­ants may re­quest that the goods be handed over to them so that they can des­troy the goods them­selves.

⁴The ap­plic­a­tion in ac­cord­ance with para­graph 2 let­ter a must not res­ult in the time lim­its for ob­tain­ing pre­lim­in­ary meas­ures in ac­cord­ance with Art­icle 86c para­graphs 3 and 4 be­ing ex­ten­ded.

⁵The Fed­er­al Coun­cil shall de­term­ine what con­sti­tutes a small con­sign­ment, tak­ing in­to ac­count in par­tic­u­lar the num­ber of units con­tained in a con­sign­ment.

⁶Ap­plic­ants shall provide all the in­form­a­tion avail­able to them that the FO­CBS re­quires in or­der to be able to de­cide on the ap­plic­a­tion; this shall in­clude a pre­cise de­scrip­tion of the goods.

⁷ The FO­CBS shall make the fi­nal de­cision on the ap­plic­a­tion. It may charge a fee to cov­er the ad­min­is­trat­ive costs.