SWITZERLAND Law and Practice Contributed by: Lara Dorigo and Alexandra Bühlmann, Pestalozzi
10.4 Procedure for Licensing an Intellectual Property Right See 10.3 Requirements or Restrictions to License an Intellectual Property Right .
In order to validly assign and transfer the patent or patent application rights, neither the approval of the IPI nor its recording in the Swiss patent register is required. However, if the assignment is not recorded, it is invalid against persons who have acquired, in good faith, rights to the patent from the registered patent owner. For the recording of the assignment of the pat- ent or patent application rights, the IPI requests the written consent of both the assignor and the assignee. 10.2 Procedure for Assigning an Intellectual Property Right See 10.1 Requirements or Restrictions for Assignment of Intellectual Property Rights . 10.3 Requirements or Restrictions to License an Intellectual Property Right Under Swiss law, there are no specific formal requirements for licence agreements. Licence agreements can even be concluded orally and no approval of the IPI is required. However, where the patent application or the patent is owned by two or more persons, a licence grant requires the consent of all co-owners. Licences may be recorded in the Swiss patent register, but this is not required for their valid- ity between the contractual parties. However, if the licence is not recorded, it is invalid against persons who have acquired the patent in good faith (Article 34 paragraph 4, PatA). For the recording of the licence rights, the IPI requests the written consent of the licensor.
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