The Principle of Regional Exhaustion in the Swiss Patent Act
8 December 2009
Mayer Brown Legal Update
The Swiss legislature has for the first time established in statutory law the principle of exhaustion of patent rights. As a result of the introduction of the new Article 9 a of the Swiss Patent Act (Schweizer Patentgesetz, PatG) (“Special Exceptions”), which supplements the previous Article 9 PatG (“General Exceptions to the Effect of the Patent”), the EER-wide exhaustion of patent rights was introduced into the statute (the EER includes the EU Member States as well as Iceland, Norway and Lichtenstein).