The Federal Supreme Court confirmed the Federal Patents Court’s (FPC) Decision of 12 June 2018 in which the FPC decided that article 140k of the Swiss Patent Act lists in an exhaustive manner all nullity grounds which can be invoked against SPCs. The six month application deadline of article 140f PA is not listed in this catalogue and, therefore, an allegedly wrong reinstatement of said deadline cannot be invoked as a nullity ground in civil proceedings.
Case date: 07 December 2018
Case number: 4A_415/2018
Court: Federal Supreme Court of Switzerland, 1st Civil Law Chamber
A full summary of this case has been published on Kluwer IP Law.