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PART XI FINAL PROVISIONS Chapter 1 Repeal of Existing Law 128. Repeal of Existing Law Ordinance (l) of December 14, 1959, and Ordinance (2) of September 8, 1959, on the Federal Patent Act are repealed. Chapter 2 Transitional Provisions 129. Terms Terms that began prior to January 1, 1978, shall remain unchanged. 130. Fees (1) The amount of annual fees payable as from January 1, 1978, shall be governed by the new Law, even if the said annual fees have been paid prior to that date. (2) For patent applications the filing date of which dates back more than two years before January 1, 1978, the annual fees shall be paid, in accordance with the new Law, within six months following a request to do so by the Institute. (3) Subsection (2) shall apply mutatis mutandis to applications for patents of addition to a main patent the transformation of which is required as of January 1, 1978. 131. Applications for Patents of Addition Applications for patents of addition that are pending on January 1, 1978, and are subordinate to patent applications that are also pending shall be regarded, as from that date, as independent applications. 132. Mention of the Inventor If, for a patent application that is pending on January 1, 1978, the inventor has not yet been mentioned, he shall be mentioned within a period of three months from a request to do so by the Institute or, if the period provided for in Article 35(1) expires later, within that period. 133. Priority (1) Declarations of priority relating to patent applications that are pending on January 1, 1978, may be filed up to March 31, 1978. (2) For patent applications that are pending on January 1, 1978, the priority documents and the missing information concerning the number of the first filing shall, upon request to do so by the Institute, be produced within three months or, if the period provided for in Article 40(4) expires later, within that period. (3) Subsections (1) and (2) shall not apply when, under the earlier Law, the period for the sending of the priority declaration or for the production of the priority document has expired on or has begun prior to January 1, 1978. 134. Consultation of Files The files of patents granted prior to January 1, 1978, may not be consulted in accordance with Article 90(3) until after publication of the patent specifications. Chapter 3 Entry into Force 135. Entry into Force (1) This Ordinance shall enter into force on January 1, 1978, with the exception of Parts VII, VIII and IX. (2) Part VII shall enter into force on June 1, 1978. (3) Parts VIII and IX shall enter into force at the same time as Part VI of the Law (International Patent Applications). Transitional Provisions of the Ordinance of August 12, 1986 (1) Patent applications pending on the day of entry into force of the new Law shall be governed by that Law. (2) However, requests filed prior to the day of entry into force may not be the subject of notifications by the Institute where they satisfy the requirements of the previous Law; the Institute may nevertheless request information within the meaning of Articles 64(1) and 65(1). (3) Communications by the Institute under the previous Law, dispatched prior to the day of entry into force, shall remain valid and shall have the consequences stated therein. (4) Time limits set by the Institute which have begun to run prior to the day of entry into force shall not be amended. (5) Where examination of an application is completed before the day of entry into force, the procedure shall continue in accordance with the previous Law up to publication of the patent application or grant of the patent. |
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