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Art. 74

232.14PatAFederal ActJan 1, 1956Original source

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; 4.1 that a particular patent is not enforceable against the plaintiff by virtue of a legal provision;
  4. that with regard to two particular patents, the requirements of Article 36 for the grant of a licence are or are not fulfilled;
  5. that the plaintiff has made the invention, which is the subject-matter of a particular patent application or patent; 7.2 that a particular patent, which violates the double patenting prohibition, has become invalid.

Footnotes

  1. Amended by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997;BBl 1976 II 1).

  2. Inserted by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997;BBl 1976 II 1).

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