PART VI INTERNATIONAL PATENT APPLICATIONS
Chapter 1 Applicable Law
Scope of the Law; Relation to the Patent Cooperation
Treaty
Art. 131
(1) This Part shall apply to international applications under the Patent Cooperation Treaty of June 19, 1970, for which the Federal Institute of Intellectual Property acts as receiving Office, designated Office or elected Office.
(2) The other provisions of this Law shall apply except where the Patent Cooperation Treaty or this Part provides otherwise.
(3) The text of the Patent Cooperation Treaty that binds Switzerland shall have precedence over this Law.
Chapter 2 Applications Filed in Switzerland
A. Receiving Office
Art. 132
The Federal Institute of Intellectual Property shall act as receiving Office under Article 2 of the Patent Cooperation Treaty in respect of international applications filed by Swiss nationals or persons having their registered office or domicile in Switzerland.
B. Procedure
Art. 133
(1) The Patent Cooperation Treaty, complemented by this Law, shall apply to the procedure before the Federal Institute of Intellectual Property acting as receiving Office.
(2) In addition to the fees prescribed by the Patent Cooperation Treaty, the international application shall give rise to the payment of a transmittal fee collected by the Federal Institute of Intellectual Property.
(3) Article 13 shall not apply.
Chapter 3 Applications Designating Switzerland; Elected Office
A. Designated Office and Elected
Office
Art. 134
The Federal Institute of Intellectual Property shall act as designated Office and elected Office under Article 2 of the Patent Cooperation Treaty in respect of international applications which seek protection of an invention in Switzerland, where such applications do not have the effect of a European patent application.
B. Effect of the International
Application
I. Principle
Art. 135
If a filing date has been assigned to it, the international application in respect of which the Federal Institute of Intellectual Property acts as designated Office shall produce the same effects in Switzerland as a Swiss patent application filed in due form with the said Institute.
II. Right of Priority
Art. 136
Even if the first application has been filed in Switzerland or only in respect of Switzerland, the right of priority under Article 17 may be claimed for an international application.
III. Provisional Protection
Art. 137
Articles 111 and 112 of this Law shall apply, mutatis mutandis, to international applications published under Article 21 of the Patent Cooperation Treaty for which the Federal Institute of Intellectual Property is the designated Office.
C. Formal Conditions; Annual
Fee
Art. 138
(1) The applicant shall be required to carry out within a period of 20 months as from the filing date or the priority date, with respect to the Federal Institute of Intellectual Property, the following acts:
(a) state in writing the name of the inventor;
(b) pay the filing fee;
(c) submit a translation into an official Swiss language if the international application is not drawn up in such language.
(2) If Switzerland is elected before the expiry of the 19th month after the filing date or the priority date and the Federal Institute of Intellectual Property is an elected Office, the time limit shall be 30 months as from the filing date or the priority date. In such case, the third annual fee shall become due on the last day of the month during which such period expires.
D. Search Report
Art. 139
(1) Where the international application is subject to prior examination, the international search report shall replace the report on the state of the art (Article 49(4)).
(2) Where the international search report does not allow examination of the application under Article 96(2), the search fee shall be paid for the establishment of a complementary report on the state of the art; the fee shall be repaid to the applicant in full or in part under the conditions prescribed by the Ordinance where he has himself submitted such a report in good time.
E. Prohibition of Cumulative
Protection
Art. 140
(1) Where, in respect of one and the same invention, two patents having the same priority date have been granted to the same inventor or to his successor in title, the patent resulting from the national application shall cease to have effect as of the date of grant of the patent resulting from the international application, irrespective of whether the priority of the national application is claimed for the patent resulting from the international application or whether the priority of the international application is claimed for the patent resulting from the national application.
(2) Article 27 shall apply mutatis mutandis.
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