The first formal step towards a reform of the Patent Act was given by a motion by Council of State Member Helen Leumann-Würsch on 10 June 1998 (98.3243 – Revision of the Swiss Patents for Inventions, in German or French). She requested the Federal Council to adapt the Patent Act in accordance with European Parliament’s guidelines 98/44/EC and advice of 6 July 1998 concerning the legal protection of biotechnological inventions (AB1. EG No. L 213 of 30 July 1998, p.13). Further points concerning the reform were also added, which allowed the thematically-limited partial revision to grow into a broad reform of patent law.  Following the conclusion of the second consultation, the Federal Council decided to phase in individual aspects of the reform under the following schedule by taking into consideration the various priorities and implications:

• Stage one: Approval of the revised European Patent Convention and the London Agreement
• Stage two: Revision of the Patent Act (with emphasis on protection of biotechnological inventions) and approval of the Patent Law Treaty
• Stage three: Patent Attorney Act and Patent Court Act

During the second consultation on the revision of the Patent Act, the idea of a Patent Attorney and Patent Court Act were presented for discussion. Despite its positive acceptance, a further consultation on the drafted bill was necessary.

Under the new Patent Attorney Act, only persons with proven expertise are allowed to carry the professional title of patent attorney. Before taking up this occupation, they must register themselves in a patent attorney register and prove that they possess the required professional qualifications. As previously, the act of advising and representing a client in patent matters continues to be open to all people. However, the proposed solution makes it possible for the public to choose a professional and competent service provider. It serves to protect the non-disclosure concerns of the person being advised by imposing an obligation of secrecy on the patent attorney; it also creates a better position for patent attorneys who also want to legally practise within the European Community.

With the Patent Court Act, a national special court will be created which alone will be responsible for resolving disputes regarding patent law infringements and legalities. As a lower court of the Federal Supreme Court, it ensures the necessary specialist knowledge and effective legal protection for inventions. The court is comprised of both legal as well as technically-trained judges. In this way, patent law will be materially based as being at the cutting edge between technology and law. As the infrastructure of the Federal Administrative Court will be made available to the Federal patent court, synergies will be built and costs kept low. If it is necessary to refer the dispute, the court can also sit elsewhere.  Procedural law essentially follows the Swiss Civil Procedure Code. Special provisions will be made for the special patent law procedural conditions.