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Art. 86

232.14PatAFederal ActJan 1, 1956Original source
  1. If the person under investigation pleads the nullity of the patent as a defence, the court may allow him an appropriate time limit within which to file a nullity action, giving appropriate notice of the penalty for failure to do so; if the patent has not been examined with regard to novelty and inventive step and if the court has any doubt as to the validity of the patent, or if the person under investigation has providedprima facie evidence that the defence of nullity of the patent appears justified, the court may allow the injured party an appropriate period within which to file an action for declaration of the validity of the patent, likewise giving appropriate notice of the penalty for failure to do so.1
  2. Where the action is raised within the stated period, the criminal proceedings shall be suspended until a final decision on the action has been issued; the limitation period for prosecution is suspended during this time.
  3. 2

Footnotes

  1. Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551;BBl 2006 1).

  2. Repealed by Annex No 11 of the Civil Jurisdiction Act of 24 March 2000, with effect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).

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