Facts
On March 31, 2015, the Regional Court of Bern-Mittelland issued an attachment order at the request of the Swiss Confederation against A., a patent holder residing in the Principality of Liechtenstein. The subject of the attachment was "the Swiss part of the European patent EP as well as the Swiss patent CH, registered in the patent register in the name of the debtor, including all rights and claims arising therefrom".
However, the Debt Collection Office Bern-Mittelland noted in the attachment deed dated April 23, 2015 that the two patents had been deleted from the register in 2012 and 2013 respectively, after the expiration of the 20-year protection period, and therefore the attachment was considered fruitless.
Considerations
The Federal Supreme Court confirmed the decision of the lower court that the patents in question were no longer existing assets of the debtor due to the expiration of the protection period and therefore could not be attached.
According to legal doctrine and case law, patented inventions can generally be subject to enforcement. However, with the expiration of the patent due to the maximum protection period, the exclusive right of the patent holder ends, and the invention becomes freely available. After the expiration of the…