PART II GRANT OF THE PATENT
Chapter 1 Patent Application
A. Formal Requisites
Art. 49
(1) [Repealed]
(2) The application shall contain:
(a) a request for the grant of the patent;
(b) a description of the invention;
(c) one or more claims;
(d) the drawings to which the description or claims refer;
(e) an abstract.
(3) Every patent application shall entail payment of the application fee.
(4) [Repealed]
B. Disclosure of the Invention
Art. 50
(1) The invention shall be disclosed in the patent application in such a way that a person skilled in the art may carry it out.
(2) [Repealed]
C. Claims
I. Scope of the Claims
Art. 51
(1) The invention shall be defined in one or more claims.
(2) The claims shall determine the extent of the protection conferred by the patent.
(3) The description and drawings shall serve for the interpretation of the claims.
II. Independent Claims
Art. 52
(1) Every independent claim shall define one invention only, namely:
(a) a process; or
(b) a product, a means for performing a process, or a device; or
(c) the application of a process; or
(d) the utilization of a product.
(2) A patent may contain several independent claims where they define a set of inventions that are linked to each other in such a way that they constitute a single overall inventive concept.
Art. 53 [Repealed]
Art. 54 [Repealed]
III. Dependent Claims
Art. 55
Special means of carrying out an invention defined by an independent claim may be the subject of dependent claims.
IV. Claims Subject to a Fee
Art. 55a [Repealed]
D. Abstract
Art. 55b
The abstract shall serve exclusively the purposes of technological information.
E. Filing Date
I. In General
Art. 56
(1) The day on which the last of the documents prescribed by Article 49(2)(a) to (d) is filed shall be regarded as the filing date.
(2) For postal dispatches, the determinant moment shall be that at which they have been delivered to the Swiss Post Office for transmission to the Federal Institute of Intellectual Property.
II. Division of Patent Application
Art. 57
(1) A patent application resulting from the division of an earlier application shall have the same filing date as that earlier application:
(a) if, at the time of its filing, it is expressly identified as being a divisional application;
(b) if, at the time of filing of the divisional application, the earlier application was still pending; and
(c) insofar as its subject matter does not go beyond the content of the original version of the earlier application.
(2) Where the subject matter of the divisional application goes beyond the original content of the earlier application, but not beyond that of a later version, the divisional application shall be given the date on which that later version was filed as its filing date.
III. Modification of Technical
Documents
Art. 58
(1) As long as the examination procedure has not been completed, the applicant may modify the technical documents.
(2) Where the subject matter of the modified application goes beyond the content of the documents originally filed, the date on which the documents describing the invention claimed are filed shall be considered the filing date; in such case, the original filing date shall lose all legal effect.
(3) [Repealed]
Chapter 2 Examination of the Patent Application
A. Subject Matter of the Examination
Art. 59
(1) If the subject matter of the patent application is not or is only partly in conformity with Articles 1, 1a and 2, the Federal Institute of Intellectual Property shall inform the applicant accordingly, stating the reasons, and shall allow him a period of time for reply.
(2) If the patent application does not meet other requirements of this Law or of the Ordinance, the Federal Institute of Intellectual Property shall allow the applicant a period of time for the correction of the defects.
(3) [Repealed]
(4) The Federal Institute of Intellectual Property shall not examine whether the invention is new or whether it manifestly follows from the state of the art.
(5) [Repealed]
(6) [Repealed]
B. Completion of Examination
Art. 59a
(1) If the conditions for the grant of a patent are met, the Federal Institute of Intellectual Property shall inform the applicant that the examination procedure has been completed.
(2) [Repealed]
(3) The Federal Institute of Intellectual Property shall reject the application if:
(a) it has not been ,withdrawn, even though a patent cannot be granted for the reasons mentioned in Article 59(1); or
(b) the defects mentioned in accordance with Article 59(2) have not been corrected.
C. Postponement of Grant
Art. 59b
(1) The grant of the patent may, at the request of the applicant, be postponed for a maximum of six months from the date of the communication indicating that the examination procedure has been completed (Article 59a(1)).
(2) Extension of the postponement beyond six months shall be allowed where the public interest requires that the invention be kept secret. The Federal Council shall specify the conditions for extension and the appropriate procedure.
D. Appeals
Art. 59c
The decisions of the Federal Institute of Intellectual Property with regard to patents may be appealed from the Intellectual Property Appeals Commission (Appeals Commission).
E. Reservation on Preliminary
Examination
Art. 59d
The provisions of Articles 59, 59a and 59b shall not apply to applications subject to preliminary examination (Articles 87 et seq.).
Chapter 3 Patent Register; Publications Made by the Institute
A. Patent Register
Art. 60
(1) The Federal Institute of Intellectual Property shall grant the patent by registering it in the Patent Register.
(1bis) The Patent Register shall in particular contain the following information: the number of the patent; the classification symbol; the title of the invention; the filing date; the name and domicile of the owner of the patent and, where applicable, the information regarding priority; the name and business address of the agent; and the name of the inventor.
(2) Any modifications concerning the patent or the rights attached thereto shall be entered in this Patent Register.
(3) The courts shall deliver to the Federal Institute free of charge complete copies of final and unappealable decisions ordering such modifications for entry in the Patent Register.
B. Publications
I. Concerning Patent Applications
and Granted Patents
Art. 61
(1) The Federal Institute of Intellectual Property shall publish in the Swiss Journal of Patents, Designs and Marks:
1. the recording of the patent in the Patent Register with the particulars referred to in Article 60(1bis);
2. the cancellation of the Patent Register;
3. the modifications entered in the Patent Register concerning the existence of the patent and the rights attached thereto.
(2) In the case of patent applications subject to preliminary examination (Article 87 et seq.), the Federal Institute shall also publish:
1. the patent application with the particulars referred to in Article 99(1);
2. the withdrawal or rejection of the patent application already published.
II. Postponement of Publication
Art. 62
Where the Confederation has acquired rights to a patent publication of the recording in the Register, it may, upon the request of the competent Department, be deferred for an indefinite term.
III. Patent Specification
a. Without Preliminary Examination
Art. 63
(1) The Federal Institute of Intellectual Property shall issue a specification in respect of every patent granted without preliminary examination (Article 87 et seq.).
(2) The specification shall include the description, claims, abstract, drawings if any, and the particulars recorded in the Register (Article 60(1bis)).
b. With Preliminary Examination
Art. 63a
(1) In the case of patent applications subject to preliminary examination (Article 7 et seq.), the Federal Institute of Intellectual Property shall issue a specification for every patent application published and a specification for every patent granted.
(2) These documents shall contain the description, claims, abstract, drawings if any, the report on the state of the art and any particulars concerning the application (Article 99(1)) and the patent (Article 60(1bis)).
(3) If the patent specification does not differ with respect to content from the application specification, it may be limited to the particulars concerning the patent (Article 60(1bis)) and merely refer to the application specification.
C. Letters Patent
Art. 64
(1) As soon as the printed specification is ready for publication, the Federal Institute of Intellectual Property shall issue the letters patent.
(2) The said patent shall consist of a certificate to the effect that the legal conditions to obtain a patent have been fulfilled and of a printed copy of the specification.
D. Preservation of Files
Art. 65
The Federal Institute of Intellectual Property shall preserve the original patent files or a copy thereof until five years after the expiration of the patent.
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