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I. Deposit

Art. 1

The creators of new industrial designs, or their successors in title, who wish to obtain an exclusive right of exploitation shall submit to the Federal Institute of Intellectual Property (the Institute) the following documents and articles:

1. an application, together with a schedule, on the official printed form, in duplicate;
2. a copy of each design included in the application;
3. a receipt for payment of the fee for the first term of protection;
4. a power of attorney appointing a representative domiciled in Switzerland, if the depositor is represented by another person;
5. a statement setting out the capacity of the successors in title, if the deposit is not made in the name of the creator;
6. a typographical printing block for each of the designs that are to be published in a graphic form (Article 4).

Art. 2

(l) The application for deposit shall be submitted in an official Swiss language, using the official form provided by the Institute.

(2) Each design shall be given a serial number corresponding to the depositor's registration number in the trade registers. The numbers of the designs shall be entered on the schedule in ascending order. In the case of series, it shall be sufficient to state the lowest number and the highest number linked by the word "to" or by an equivalent symbol.

(3) All documents relating to a deposit shall be signed. Those of which the original is drafted in a foreign language shall be accompanied by a certified translation into the same language as the application for deposit. In the case of statements establishing the capacity of successors in title, the Institute may, where circumstances require, demand that the creator's signature be legalized or that other proof, such as an extract from the trade register, be submitted.

(4) Applications for deposit from abroad shall be filed through a representative domiciled in Switzerland and having authority to represent the depositor.

Art. 3

(1) Designs shall be deposited in the form of the industrial product for which they are intended or by means of any other adequate representation (e.g. a drawing or a photograph).

(2) No explanation may accompany the designs.

(3) The printing blocks for designs to be published in a graphic form shall correspond exactly to the designs (the printing blocks shall have a minimum height of 15 mm and a maximum width of 80 mm; they shall be transmitted without base).

Art. 4

(1) Legal protection for designs shall have a term of 15 years at most; it shall be granted for consecutive periods of five years, the first of which shall begin on the date of deposit.

(2) During the first term of protection, the deposits of designs may be open (in a non-sealed envelope) or secret (in a sealed envelope).

(3) Deposits of embroidery designs may remain secret during the second and third terms.

(4) Those designs that concern watches and do not refer exclusively to the decoration of the deposited articles shall be excluded from secret deposit. A graphic reproduction of them shall be published.

Art. 5

(1) Designs may be deposited individually or grouped together in packages.

(2) They shall be submitted to the Institute in robust packaging; if sent by post, the envelope to be used for the deposit shall be enclosed within packaging bearing the address of the Institute.

(3) The envelopes for secret deposits shall bear the superscription "Secret deposit" or "Sealed deposit" and shall effectively bear seals or any other suitable means of preventing unverifiable opening. The Institute shall be authorized to affix seals on envelopes that are inadequately sealed.

(4) The content of packages shall be arranged, as far as possible, in the same order as on the schedule.

(5) Packages shall not weigh more than 10 kg; they shall not be larger than 40 cm in any of the three dimensions; where the nature of the deposit permits, and without unreasonably increasing the thickness of the packages, one of the following standard formats should be chosen: 15 x 20, 20 x 30 or 30 x 40 cm.

(6) The number of designs which may be enclosed within a package shall be limited only by the above requirements relating to the maximum weight and dimensions of the packages.

(7) Individual designs that weigh more than 10 kg or of which the packaging measures more than 40 cm in one or more dimensions shall not be accepted or shall be accepted only after agreement on the payment of a storage fee.

Art. 6

(1) One and the same deposit may not concern both patterns and models. Likewise, the deposit of embroidery patterns may not contain any other drawing nor may the deposit of models for watches contain any other model.

(2) The application shall state whether the deposit concerns patterns or models and shall refer to their number and precisely designate the products to which the designs relate.


Art. 7 [Repealed]

Art. 8

(1) A request for prolongation of protection for a deposit or for a part of a deposit shall be addressed to the Institute in writing and shall be accompanied by the corresponding fees.

(2) It shall legibly and clearly state the official deposit number and, in the case of a partial renewal, the numbers of the designs for which prolongation of protection is requested.

(3) The Institute shall not be required to accept requests for prolongation of protection with respect to secret deposits before expiry of the current term.

(4) If a representative has been appointed, the request for prolongation shall be submitted by the representative.

Art. 9

(1) Any full or partial renunciation of protection for a deposit, during the current term, shall be communicated to the Institute in writing.

(2) The communication shall state the official deposit number. If renunciation concerns a part of the deposit only, the numbers of the designs concerned shall be legibly stated.

(3) If a representative has been appointed, renunciation of protection shall be notified by that representative.

Art. 10

A request to convert a secret deposit to a public deposit shall be addressed to the Institute in writing by the depositor or by his representative where appropriate.

Art. 11

(1) In the case of postal consignments originating in Switzerland, the date considered as the date of submission shall be that of the postal consignment. Proof of such date shall be the stamp of the post office of consignment or the stamp of the post office of reception if the stamp of the post office of consignment is lacking or is illegible; if the stamp of the post office of reception is also lacking or illegible, the date of receipt of the consignment at the Institute shall be considered the date of submission. The depositor or the owner of the deposit shall be entitled to prove an earlier date of consignment.

(2) For postal consignments originating abroad, the date considered as the date of submission shall be that of the first stamp affixed by a Swiss post office; if the stamp is lacking or is not legible, the date of receipt of the consignment at the Institute shall be considered as the date of submission. The depositor or the owner of a deposit shall be entitled to prove an earlier date of receipt by a Swiss post office.

Art. 12

(1) Time limits shall be calculated in accordance with the Federal Law on Administrative Procedure.

(2) Where a time limit is calculated in months or in years and the date of receipt of the communication or the date on which the event initiating the time limit is the last day of the month, the time limit shall end on the last day of the month during which it expires.

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