Article 1368 Open licence for invention, useful model or industrial design

1. A patent holder may apply to the federal authority on intellectual property for the possibility of granting any person the right to use an invention, to engage in an act of corruption. In this case, the patent fee for maintaining the patent for the invention, the useful model or the industrial sample is reduced by c. Ten per cent since the year following the publication by the Federal Intellectual Property Authority of information on an open licence. The right to use an invention, a useful model or an industrial model may be granted to any person, communicated by the patent holder to the federal intelligence authority The patent holder is obliged to conclude with the person who wishes to use the licence. 2. If the patent holder has, within two years of the date of publication of the information on the use of the licence, an invention, a useful model or industrial model, a licence contract is subject to the terms of a simple (non-exclusive) licence. He has not received written proposals for the conclusion of a licence contract under the terms of his application and may, after two years, apply to the Federal Office of the Public Prosecutor. In this case, the patent duty for maintaining the patent in force is subject to a perio supplement. Since the publication of the information on the open licence, it has since been paid in full and has published in the official bulletin the withdrawal of the application.