HOME > Reference Room[Other Reference Information] > Information on foreign industrial property systems > Table of Contents >

PART I GENERAL PROVISIONS Chapter 1 Relations with the Federal Institute of Intellectual Property 1. Competence The Federal Institute of Intellectual Property (the Institute) shall carry out the administrative tasks arising out of the Law. 2. Date of Postal Submissions (1) For material sent by mail from Switzerland, the mailing date shall be regarded as the date of submission. Proof thereof shall be constituted by the postmark affixed by the post office of consignment, or by the postmark of the receiving post office where that of the post office of consignment is missing or illegible; if the postmark of the receiving post office is also missing or illegible, the date of receipt of the material by the Institute shall be regarded as the date of submission. The sender shall be allowed to prove an earlier date of submission. (2) For material sent by mail from abroad, the date to be taken into consideration shall be that of the first postmark affixed by a Swiss post office; if that postmark is missing or illegible, the date of receipt of the material by the Institute shall be regarded as the date of submission. The sender shall be allowed to prove an earlier date of receipt by a Swiss post office. 3. Signature (1) Any communication that is to be made in writing to the Institute must bear a valid signature. (2) In the absence of a signature, the submission date of the unsigned written matter shall nevertheless be recognized on condition that the defect is remedied within the time limit laid down by the Institute. 4. Language (1) Written matter sent to the Institute shall be in French, German or Italian (official languages). (2) The official language chosen by the applicant at the time of filing shall be the language in which the procedure takes place. (3) The language originally chosen for the drafting of the technical documents shall be maintained. Changes made to those documents in another language shall not be allowed. This rule shall apply also to partial renunciation (Article 24 of the Law). (4) Where other written matter is not submitted in the language adopted for the procedure, a translation into that language may be demanded. (5) Documents submitted as proof that are not in an official language shall not be taken into consideration unless they are accompanied by a translation in an official language. Articles 40(2), 45(3) and 75(3) are reserved. (6) Where a translation of a document has to be produced, it may be required that its accuracy be certified within a term specified for the purpose. If such certification is not submitted, the document shall be regarded as not having been filed. (7) Where the documents relating to a divisional application (Article 57 of the Law), to a request for the constitution of a new patent (Articles 25, 27 and 40 of the Law) or to an application claiming a priority right based on an initial Swiss application (domestic priority (Article 17(1ter) of the Law) are not written in the same language as the initial patent application or the initial patent, the Institute shall allow the patent applicant or the patent owner a period of time during which a translation into that language may be submitted. 5. More than One Applicant (1) Where two or more persons are joint owners of a patent application, they shall designate from among themselves the person to whom the Institute may send all communications, such communications being applicable to all of them, or shall appoint a common agent. (2) Where neither of these conditions is met, the person mentioned first in the application shall be regarded as the recipient of communications within the meaning of subsection (1). Where one of the other persons raises an objection, the Institute shall invite all those concerned to act in accordance with subsection (1). 6. Impossibility of Delivering a Communication (1) Where the address of the applicant, the owner or the representative is not sufficient for an official communication to reach the addressee, the Institute shall endeavor to obtain the exact address, whereby its endeavors shall be limited to Switzerland. (2) If this endeavor is without result, or if the recipient has not taken possession of material mailed to the exact address, the consequences of failure to observe the terms specified in the communications shall nevertheless apply. If the communication contains a decision, that decision shall be notified through publication in the Swiss Journal of Patents, Designs and Marks. 7. Succession In the event of the death of the applicant, the Institute shall give the heirs known to it a term within which to settle the matter of the succession to the patent application; it may extend this term as appropriate. Chapter 2 Representation 8. Relation of the Institute with the Agent (1) Insofar as the patent applicant or the patent owner has an agent, the Institute shall, in general, not accept either communications or written requests from the mandator, with the exception of revocation of the power of attorney, withdrawal of the patent application and renunciation of the patent. (2) The agent shall remain authorized to receive such documents and fees as are returned by the Institute. 9. Right of Representation (1) In addition to natural persons domiciled in Switzerland, corporations that have their headquarters in Switzerland may be designated as agents in dealings with the Institute. (2) If the professional conduct of an agent gives rise to complaint, the Federal Department of Justice and Police may, after having heard the agent, either: (a) give him a warning; (b) authorize the institute to exclude him either temporarily or permanently from the exercise of this activity; (c) order the publication of the above measures. (3) In order to judge professional conduct for the purposes of subsection (2), account shall be taken of the entire business activity of the agent, both in Switzerland and abroad. (4) In general, the institute shall not be authorized to exclude an agent unless a prior warning has proved to be without effect. Chapter 3 Terms 10. Calculation (1) Time limits shall be calculated in accordance with the Law on Administrative Procedure. (2) Where a time limit is calculated in months or in years and the date on which the event initiating the time limit occurs or the date of receipt of the communication is the last day of a month, the time limit shall end on the last day of the month in which it expires. (3) Where a time limit starts on the priority date and where more than one priority is claimed, the earliest priority date shall be decisive. (4) Where the last day of the term is a Saturday, a Sunday or another day on which the Institute is closed, or a day regarded as an official public holiday at the applicant's domicile in Switzerland or at his agent's domicile or headquarters, the term shall expire on the following working day. (5) Where a term is counted from the priority date and where several priorities are claimed, the earliest priority date shall be decisive. 11. Duration (1) The terms set in the course of the examination procedure shall be determined in relation to the probable amount of work of the applicant. They shall be not less than two months and not more than five months. (2) Article 74(2) shall apply to the opposition procedure. 12. Extension Terms (1) Terms of a duration specified in the Law or in this Ordinance may not be extended. (2) The other time limits shall be extended: (a) in the examination procedure, once, for one month, if the request is submitted prior to expiry of the time limit and the fee invoiced to that end has been paid within the time limit laid down by the Institute; a second time, for a maximum of three months, if a reasoned request is submitted prior to expiry of the extended time limit and the fee, increased by one-half, is paid within the time limit laid down by the Institute; (b) in other cases, where the person requesting extension produces sufficient reasons prior to the expiration of the term. (3) A term shall not be suspended by requests for further details, except where the reply from the Institute implies the contrary. (4) Article 74(2) shall apply to the opposition procedure. 13. Consequences of Failure to Observe a Time Limit (1) Failure to observe a time limit shall cause the application to be rejected by the Institute, except where the Law or this Ordinance provides for other consequences. (2) Any communication that specifies a time limit shall indicate the consequences of failure to observe that time limit. (3) Failure to observe a time limit may only have consequences that have been indicated. 14. Continuation of the Procedure (1) Continuation of procedure (Article 46a of the Law) shall not be allowed if the following time limits have not been complied with: (a) time limit for remedying the absence of a signature (Article 3); (b) time limits for submitting priority declarations and for paying fees (Article 39(2), (2bis) and (4); Article 39a); (c) time limit for requesting postponement of examination (Article 62(1) and (1bis); Article 62a(1)) (d) time limit for requesting postponement of publication or grant of the patent (Article 70(1)); (e) time limits for paying the transmittal fee, the search fee and the international fee (Articles 121, 122 and 122a); (f) time limits for submitting a request for an international-type search (Article 126(2) and (5)); (g) time limit for requesting refund of annual fees (Article 127m(6)); (h) time limit for communicating the reason for payment (Article 5(2) of the Ordinance on the Fees of the Federal Institute of Intellectual Property of October 25, 1995 [OT-PI]); (i) time limit for restoring coverage of the current account (Article 9(2) OT-PI); (k) the additional time limit for payments made under previous law (Article 9(2) OT-PI). (2) Such a request shall be accepted only if one of the following time limits has not been observed: (a) time limits the duration of which is fixed by the Institute; (b) time limits for the payment of application fees, printing fees, search fees or examination fees; (c) time limit for furnishing the mention of the inventor. (3) The request for continuation of the procedure shall be filed in writing within two months following notification of the decision to reject; at the same time, the omitted act must be fully executed, the patent application supplemented and the fee for continuation of the procedure paid. (4) Subsections (1) to (3) shall apply mutatis mutandis to the rejection of a declaration of partial renunciation or to the rejection of a request for the constitution of a new patent. Restoration to Prior State 15. a. Form and Contents of the Application (1) The request for restitutio in integrum (Article 47 of the Law) shall be submitted in writing. It shall contain a statement of the facts on which it is based. The omitted act shall be carried out in full within the time limit prescribed for submitting the request. If one of these conditions is not complied with, the request for restitutio in integrum shall be declared inadmissible. (2) The restoration fee shall be paid. 16. b. Examination of the Request (1) If the restoration fee has not been paid at the time of filing the request, the Institute shall allow the applicant an additional period in which to make payment. (2) If the facts stated in support of the request are not substantiated, the Institute shall allow the applicant a period in which to remedy this defect. If the reasons given are insufficient, it shall reject the request. (3) If the request is accepted, the restoration fee may be repaid to the applicant either in full or in part. Chapter 4 Fees 17. Ordinance on Fees The amount of the fees laid down by the Law and by this Ordinance, together with the procedure for their payment, shall be laid down in OT-IPI. 17a. Types of Fees (1) To obtain or maintain a patent, the following fees shall be paid: (a) a filing fee; (b) a claim fee; (c) an examination fee; (d) a printing fee, where appropriate; (e) annual fees. (2) For patent applications subject to preliminary examination (Articles 87 et seq of the Law), the applicant shall also be required to pay: (a) a search fee; (b) a preliminary examination fee in place of the examination fee. Annual Fees 18. a. Due Date in General (1) For any patent application or any patent, the annual fees shall be paid in advance for each year as of the beginning of the third year following the filing of the application. (2) Annual fees shall become due on the last day of the month in which the application was filed. (3) The annual fees shall be paid within the six months following their due date; a surcharge shall be levied if payment is made during the last three months. 18a. b. Due Date for Divisional Applications and the Constitution of New Patents (1) For an application resulting from the division of a previous patent application, the amount and due date of annual fees shall be determined by the filing date referred to in Article 57 of the Law. (2) For a newly constituted patent (Articles 25(2), 27 and 30 of the Law), the amount and due date of annual fees shall be determined by the filing date of the initial patent. (3) The annual fees due on the filing date of the divisional application or of the request for constitution of a new patent shall be paid within six months of that date; a surcharge shall be levied if payment is made during the last three months. 18b. c. Failure to Comply with a Time Limit for Payment (1) A patent application for which a due annual fee has not been paid in time shall be rejected. A patent for which a due annual fee has not been paid in time shall be struck off the Register. (2) The Institute shall cancel the patent with effect from the due date of the annual fee not paid; where the patent has not been granted until after such date, it shall be cancelled with effect from the date of its grant. The owner shall be informed of the cancellation. 18c. d. Early Payment (1) Annual fees may not be paid more than two months before their due date. If the Institute cancels a patent, it shall refund any annual fee that has not yet become due. (2) The first three annual fees and each additional period of five annual fees may be paid in advance in one single payment, subject to a reduction. (3) The time limits laid down for the payment of the third, sixth, eleventh and sixteenth annual fees, together with the rules concerning payment of a surcharge (Article 18(3)), shall apply to early payment. (4) Annual fees shall not be refunded after the due date of the first annual fee for each period paid in advance. 18d. e. Reminders The Institute shall draw the attention of the patent applicant or owner to the fact that the annual fee will become due and, where appropriate, to the possibility of making an early payment and shall inform him of the time limit for payment and of the consequences of failing to comply with that time limit. At the request of the patent applicant or owner, the Institute may also address notifications to third parties who regularly make payments on behalf of the applicant or the patent owner. No notifications shall be sent abroad. 19. Respite (1) Patent applicants and owners who produce proof of their indigence may be granted a respite, until the expiry of the fifth year following the date of filing, for the payment of the fees necessary for obtaining a patent or keeping it in force, with the exception of the filing fee. (2) A patent owner who wishes to keep his patent in force after the end of this period shall pay, in addition to the subsequent annual fees due, one-fourth of the amount in respect of which the respite was granted at the beginning of each of the sixth, seventh, eighth and ninth years. (3) If the patent is not maintained in force for more than five years from the filing date, the amounts in respect of which respite has been granted shall not be payable. (4) The respite shall lapse when the patent application or patent is assigned to a third party. The Institute shall allow the registered new applicant or patent owner a period of six months for the payment of all the fees to which the respite applies; a surcharge shall be collected when payment is effected during the last three months of that period. If the time limit for payment is not observed, the Institute shall reject the patent application or cancel the patent with effect from the date of the formal notice to pay. 19a. Conditions and effect (1) Any person who wishes to benefit from a respite shall make the appropriate request in writing and shall attach to it a certified extract from the tax register, or any other appropriate official certificate, establishing his state of indigence. (2) If the official certificate is considered insufficient, the Institute shall allow the applicant a period within which to remedy this defect. (3) The request for respite shall have no staying effect. (4) The respite shall lapse if the patent application or patent is assigned to a third party. The Institute shall allow the registered new patent applicant or owner a period of six months for the payment of all the fees to which the respite applies; a surcharge shall be levied if payment is made during the last three months of that period. If the time limit for payment is not complied with, the Institute shall reject the patent application or cancel the patent with effect from the date of the formal notice to pay. 20. Repayment When a patent application is entirely withdrawn or rejected, the Institute shall refund the following fees: (a) any annual fee paid in advance and not yet due; (b) the printing fee, if the Institute has not yet ordered the printing of the patent specification or application specification; (c) the search fee and the preliminary examination fee, in accordance with Articles 59 and 61; (d) the examination fee, if the Institute has not yet begun the substantive examination.

[Next]

HOME > Reference Room[Other Reference Information] > Information on foreign industrial property systems > Table of Contents >