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Chapter 7 Further Processing and Restitutio in integrum A. Further Processing Art. 46a (1) Where an applicant or holder of a patent has not complied with a time limit laid down by law or by the Federal Institute of Intellectual Property, he may file with that Institute a written request for further processing. (2) He shall submit such request within two months of the time he gained knowledge of failure to comply with the time limit, but six months at the latest from the expiry of the time limit that was not complied with. He shall further be required to execute in full, during such time limits, the omitted act, supplement where necessary the patent application and pay the fee for further processing. (3) Acceptance of the request for further processing shall have the effect of restoring the situation that would have resulted from the carrying out of the act in good time. Article 48 shall remain unaffected. (4) Further processing shall not be allowed where the following time limits have not been complied with: (a) time limits that do not have to be satisfied with regard to the Federal Institute of Intellectual Property; (b) time limits for submitting a request for further processing (paragraph (2)); (c) time limits for submitting a request for restitution (Article 47(2)); (d) time limits for submitting a patent application accompanied by a priority claim and a priority declaration (Articles 17 and 19); (e) time limit for the request for partial renunciation (Article 24(2)); (f) time limit for the modification of technical documents (Article 58(1)); (g) time limit for election (Article 138(2)); (h) time limits for filing an application for a supplementary protection certificate (Articles 140f(1), 146(2) and 147(3)); (i) any other time limit, laid down by ordinance, where failure to comply with that time limit excludes further processing. B. Restitutio in integrum Art. 47 (1) Where the applicant or patentee establishes prima facie evidence of having, not by his fault, been prevented from respecting a term prescribed by this Law or the Rules, or set by the Federal Institute of Intellectual Property, he shall, upon petition, be reintegrated in the prior state. (2) The petition shall be filed with the authority which should have received the non-performed act, within two months from the cessation of the conditions impeding such action, but at the latest within one year from the end of the expired term; at the same time, the said act must be performed. (3) Reintegration shall not be granted for the case provided in paragraph (2), above (term for the petition for reintegration). (4) The effect of acceptance of the petition is to reestablish the situation which would have prevailed if the act had been performed in due time, the provisions of Article 48 being reserved. C. Reservation for Third Party Rights Art. 48 (1) The patent may not be invoked against any person who, during the periods specified below, has professionally used an invention in good faith in Switzerland or who has made special preparations for that purpose: (a) between the last day of the time limit stipulated for payment of an annual fee and the filing date of a request for further processing (Article 46a) or an application for restitution (Article 47); (b) between the last day of the priority period (Article 17(1)) and the day on which the patent application was filed. (2) The right thus acquired as above by a third party shall be subject to the provision of Article 35(2). (3) Any person claiming a right based on Article 1a shall pay to the patentee a reasonable compensation from the date on which the patent is revived. (4) In case of dispute, the judge shall decide on the existence and on the extent of the rights claimed by a third party and on the amount of the compensation according to paragraph (3).

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