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PART II PATENT APPLICATION Chapter 1 General 21. Documents Required. Fees (1) The following shall be produced on the filing date of the application: (a) the request for the grant of a patent; (b) the description of the invention; (c) one or more claims; (d) the drawings to which the description or claims refer. (2) The following shall be produced on the filing date or not later than within the period laid down by the Institute: (a) the abstract; (b) two additional copies of the technical documents; (c) the power of attorney of the agent, if any. (3) The following shall be produced on the filing date of the application, or not later than 16 months following the filing date of the application or the priority date: (a) the indication of the name of the inventor; (b) the priority document, if any. (3bis) The following shall be paid within the time limit laid down by the Institute: (a) the filing fee and, where applicable, the claim fees; (b) where appropriate, the search fee and the preliminary examination fee. (4) The printing fee invoiced by the Institute shall be paid, where applicable, by the applicant within a period of one month as from completion of the examination. (5) The following shall be paid as from the third year following the filing date: the annual fees. 22. Correction of Errors (1) Errors in meaning or transcription and errors contained in the application documents may be corrected on request or ex officio; Articles 37 and 52(3) to (5) are reserved. (2) Correction of the description, claims or drawings shall not be allowed unless it is obvious that the incorrect part had no other possible meaning. Chapter 2 Requests for the Grant of a Patent 23. Form The request shall be submitted on the form supplied free of charge by the Institute. 24. Contents (1) The request shall contain the following particulars: (a) the request for the grant of a patent; (b) the title of the invention (Article 26(1)); (c) the surname and given name or corporate name or business style, the domicile or headquarters and the address of the applicant; (d) an inventory of the documents submitted; (e) the signature of the applicant or his agent. (2) The request shall also contain: (a) when an agent has been appointed, the name, domicile or headquarters and address of the agent; (b) where there are two or more applicants, the designation of the addressee; (c) where the application is a divisional application, its designation as such and the number of the initial application and the filing date claimed; (d) when priority is claimed, the declaration of priority (Article 39); (e) when immunity derived from an exhibition is alleged, a declaration to that effect (Article 44). Chapter 3 Technical Documents 25. General (1) The description of the invention, the claims, the drawings and the abstract shall constitute the technical documents. The beginning of each of these parts shall appear on a new leaf. (2) The technical documents shall be produced in triplicate. (3) They must be capable of being reproduced directly. The leaves must not be folded and only one side of them shall be used. (4) They shall be submitted on light, white, smooth, matt, durable paper of A4 format (21 x 29.7 cm). (5) The pages of the text shall leave an empty margin on the left-hand side of at least 2.5 cm; the other margins should be 2 cm. (6) All the sheets shall be numbered in Arabic figures. (7) The pages shall be typewritten or printed. Symbols and other signs and chemical or mathematical formulae may be written by hand or drawn. The spacing between lines must be at least 1-12. The type face shall be chosen in such a way that the capital letters are at least 0.21 cm high. The type must be indelible. (8) The description, claims and abstract shall not contain any drawings. (9) Units of measurement shall be expressed in accordance with the Federal Law on Metrology of June 9, 1977; other units of measurement may be used for additional information. In the case of mathematical and chemical formulae, the symbols generally accepted in the field concerned should be used. (10) In general, use shall be made only of technical terms, signs and symbols that are generally accepted in the field concerned. The terminology and signs used in the patent application shall be uniform. 26. Description (1) The description shall begin with a title that gives the invention a clear and concise technical designation. The title shall not contain any fanciful denomination. (2) [Repealed] (3) The introduction shall set out the invention in terms that allow the technical problem and its solution to be understood. (4) The description shall contain a list of the figures included in the drawings and shall indicate briefly the contents of each figure. (5) It shall contain at least one example of the execution of the invention, except where it is sufficiently described in another manner. (6) Insofar as this is not evident, the description shall explain how the subject matter of the invention may be used industrially. (7) [Repealed] (8) [Repealed] 27. Inventions in the Microbiological Field (1) Where an invention concerning a microbiological process or a product obtained by such a process entails the use or production of a microorganism to which the public does not have access and which cannot be described in the technical documents in such a way as to enable a person skilled in the art to carry out the invention, the applicant shall supplement the description of the invention by the reference in it to the deposit of a microorganism culture. (2) The culture shall be deposited, not later than on the filing date of the application, with an institution recognized by the Institute possessing a culture collection. (3) The deposited culture shall form an integral part of the description by virtue of the fact that the description refers to it. (4) The reference shall contain the following information: (a) the designation of the institution possessing the culture collection; (b) the date of deposit; (c) the serial number under which the culture is registered with the institution possessing the culture collection. (5) When the reference is furnished within 16 months of the date of deposit or of priority, it shall be deemed to have been furnished at that first date. (6) The release of samples of a culture to third parties may be made subject to the condition that those third parties communicate to the institution possessing the culture collection their names and addresses for the information of the depositor and that they undertake: (a) not to afford other persons access to the deposited culture or to a culture derived therefrom; (b) not to use it outside the scope of the Law; (c) to prove, in the event of litigation, that they have not failed to honor their undertakings under items (a) and (b). 28. Drawings (1) The usable surface of the leaves containing the drawings shall not exceed 17 x 26.2 cm, or be framed. (2) The drawings shall be executed in indelible, even and well-defined lines, without colors or washes; they must permit direct printing. (3) Cross sections shall be indicated by hatching, which must not affect the reading of reference marks and the clarity of outlines. (4) The scale of the drawings and the graphic execution shall be such that all details may be readily distinguished in a photographic reproduction. If the scale is indicated on a drawing, it must be represented graphically; other indications of size shall in general not be allowed. (5) Numbers, letters and reference marks appearing on the drawings shall be simple and clear. (6) The reference marks used on the drawing shall correspond to those used in the description or claims. (7) If necessary, the elements of a figure may be represented on several sheets, on condition that the complete figure may be readily assembled by placing the sheets side by side. (8) The various figures shall be clearly separated from one another but arranged without loss of space. They shall be numbered consecutively in Arabic figures, independently of the numbering of the sheets. (9) The drawings shall not contain any textual matter; only short indications or keywords making the drawing more comprehensible and in the same language as the application shall be allowed. 29. Claims (1) The claims shall indicate the technical characteristics of the invention. (2) The claims shall be drafted as clearly and concisely as possible. (3) They shall be arranged in a systematic, clear and logical manner. (4) In general, they shall not contain references to the description or to the drawings or, in particular, expressions like "as described in part �c of the description" or "as illustrated in figure �c of the drawings." (5) The reference marks which, in the drawings refer to the technical characteristics of the invention shall be repeated between brackets in the claims if the understanding of the claims is thereby facilitated. They shall not have the effect of limiting the claims. (6) The claims shall be numbered consecutively in Arabic numerals. 30. Independent Claims (1) Where a patent application contains more than one independent claim, of the same or different categories (Article 52 of the Law), the technical link expressing the general inventive concept should transpire from the claims themselves. (2) This condition shall be deemed met, in particular, where the patent application contains one of the following combinations of independent claims: (a) in addition to a first claim for a process: a claim for a means of implementing that process, a claim for the product resulting therefrom, and a claim for either an application of the process or a use of the product; (b) in addition to a first claim for a product: a claim for a process for the manufacture of that product, a claim for a means of implementing the process and a claim for the use of the product; (c) in addition to a first claim for a device: a claim for a process for the operation of the device and a claim for the manufacture of the device. 31. Dependent Claims (1) A dependent claim shall refer to at least one previous claim and contain the characteristics identifying the special form of execution that constitutes its subject matter. (2) A dependent claim may refer to more than one previous claim on condition that such claims be clearly and exhaustively enumerated. (3) All the dependent claims shall be grouped together in a clear manner. 32. Form and Content of the Abstract (1) The abstract shall contain the technical information whereby it may be ascertained whether the patent specification or the application specification should be consulted. (2) The abstract shall contain a summary of the invention described and state the main uses of the invention. (3) Where the technical documentation contains chemical formulae for characterizing the invention, one at least of those formulae must be given in the abstract; its symbols must be explained. (4) Where the technical documentation contains drawings needed to characterize the invention, one of those drawings at least should be designated for inclusion in the abstract; the most important reference signs given in that drawing will be shown in brackets in the abstract. (5) Any figure selected must be capable of being reduced by photographic means. (6) The abstract shall not contain more than 150 words. 33. Final Abstract (1) The final wording of the abstract shall be decided upon ex officio. (2) [Repealed] Chapter 4 Mention of the Inventor 34. Form (1) The name of the inventor shall be mentioned in a separate text that shall contain only the following particulars: (a) the name and given name and the address of the inventor; in the event of changes of civil status, the previous name shall also be indicated; (b) the declaration by the applicant that no one else has, to his knowledge, contributed to the invention; (c) if the applicant is not the inventor, or is not the only inventor, a declaration stating the manner in which he acquired the right to the grant of the patent; (d) the title of the invention and, if known, the number of the patent application; (e) the name and the given name or corporate name or business style and the address of the applicant. (2) [Repealed] (3) If the mention of the inventor is not written in either an official language or in English, a translation into one of those languages shall be attached. 35. Time Limit (1) If the mention of the inventor is not produced at the same time as the application, it may be filed within a period of 16 months from the filing date or priority date. (2) The Institute shall allow an applicant who files a divisional application (Article 57 of the Law) a period of two months within which to produce the mention of the inventor, insofar as the time limit provided for in subsection (1) does not expire later. (3) If the mention of the inventor is not produced in good time, the Institute shall reject the patent application. 36. [Repealed] 37. Rectification (1) The patent applicant or owner may request rectification of the mention of the inventor. Such request shall be accompanied by a declaration of the consent of the person wrongly mentioned as the inventor. The fee invoiced to that end shall be paid within the time limit laid down by the Institute. (2) If the person wrongly mentioned as the inventor has already been registered in the Patent Register, the rectification shall also be registered and published. (3) Once produced, the mention of the inventor shall not be returned. 38. Renunciation of Mention (1) The renunciation by the inventor of a mention in the Patent Register and in the publications of the Institute shall be taken into consideration only if the applicant files with the Institute, prior to the end of the examination, a declaration of renunciation made by the inventor. (2) The declaration shall contain the title of the invention and the number of the patent application, if the latter is known; it shall also be dated and shall bear the signature of the inventor. (3) Article 34(3) shall apply mutatis mutandis. (4) The declaration of renunciation meeting the requirements and the mention of the inventor shall be filed separately; the existence of these documents shall be recorded in the file. Chapter 5 Priority and Immunity Derived from an Exhibition SECTION 1 PRIORITY 39. Priority Declaration (1) The priority declaration shall include the following particulars: (a) the filing date of the first application; (b) the country in which or in respect of which the application was filed; (c) the number of that application. (2) The priority declaration, with the exception of the number, shall be produced together with the application for the grant of a patent. (2bis) The priority declaration may also be produced within a period of two months as from the filing date subject to payment of the fee invoiced to that end within the time limit laid down by the Institute. If such time limit is not complied with, the priority right shall lapse. (3) The number shall be indicated within the period allowed for the production of the priority document (Articles 40(4) and 43(3)) if it does not appear in that document. (4) If a priority declaration has been produced in good time, other priority declarations (Article 42), relating to non-prior first applications, may be filed within three months following the filing date. 39a. Priority Declaration with Respect to Domestic Priority (1) For the priority declaration, it shall be sufficient to state the number of the initial application. That number must be filed together with the application for the grant of a patent. (2) However, the priority declaration may be submitted within two months of the filing date on payment of a fee during that period of time. If the time limit is not complied with, the priority right shall lapse. (3) If a priority declaration has been produced in good time, other priority declarations (Article 42) relating to initial filings that are not of earlier date may be submitted within three months following the filing date. 40. Priority Document (1) The priority document shall include: (a) a copy of the technical document of the first application, the conformity of which with the original documents shall be certified by the authority with which the first application was filed. (b) a certificate from that authority attesting to the filing date of the first application. (2) If the document is written neither in a Swiss official language nor in English, a translation thereof shall be produced in one of those languages. (3) If the priority document has to serve for more than one patent application, it shall be sufficient to file it for one patent application and refer to it in good time for the others. Reference to the priority document shall have the same effects as its actual filing. (4) The priority document shall be produced within a period of 16 months as from the priority date. Failure to comply with this time limit shall cause the priority right to lapse. (5) The certification referred to in subsection (1)(a) shall not be required when the first filing took place or produced its effects in one of the countries that grants reciprocity to Switzerland; the right of the Institute to demand certification for the purposes of the examination as to substance is reserved. (6) Where a patent application claims a domestic priority, the statement of the number of the initial patent application shall have the same effect as production of the priority document. 41. Additional Priority Documents If it is apparent from the priority document that the application on which the priority claimed is based constitutes only in part a first application within the meaning of the Paris Convention for the Protection of Industrial Property of March 20, 1883, the Institute may demand the provision of such documents relating to prior applications as are necessary to clarify the facts. 42. Multiple Priority (1) Where separate applications for protection have been filed for more than one invention, those inventions being then grouped in Switzerland in a single patent application, as many priority declarations as there were applications may be filed, subject to the conditions specified in Article 17 of the Law. (2) Subsection (1) shall also apply where domestic priority is claimed. 43. Priority in the Case of Divisional Applications (1) In the case of a divisional application (Article 57 of the Law), a validly claimed priority for the initial application shall also apply for a divisional application insofar as the applicant does not renounce his priority right in writing. Article 57(2) of the Law shall remain unaffected. (2) Where more than one priority has been claimed (Article 42), the applicant shall specify the priorities that relate to the divisional application. (3) The Institute shall allow the applicant a period of two months within which to produce the priority document (Article 40), insofar as the time limit provided for in Article 40(4) does not expire later. (4) Subsections (1) and (2) shall also apply where a domestic priority is claimed. 43a. Priority Document Concerning an Initial Filing in Switzerland On request, the Institute shall issue a priority document subject to the fee invoiced to that end having been paid. SECTION 2 IMMUNITY DERIVED FROM AN EXHIBITION 44. Declaration of Immunity Derived from an Exhibition (1) The declaration of immunity derived from an exhibition (Article 7b(b) of the Law) shall include the following particulars: (a) the exact designation of the exhibition; (b) a declaration concerning the actual presentation of the invention. (2) It shall be produced with the application for the grant of a patent, failing which the immunity derived from the exhibition shall lapse. (3) Article 43(1) and (2) shall apply mutatis mutandis to divisional applications. 45. Requisite Documents (1) The documents concerning the immunity derived from an exhibition shall be filed within four months following the date of filing. (2) These documents shall have been issued in the course of the exhibition by the competent authority and shall contain the following particulars: (a) a certificate attesting that the invention actually was displayed; (b) the opening date of the exhibition; (c) the date of the first disclosure of the invention where it does not coincide with the opening date; (d) a document, authenticated by the above-mentioned authority, whereby the invention may be identified. (3) If these documents are not written in either an official language or English, a translation into one of these languages shall be filed. (4) Article 43(3) shall apply mutatis mutandis to divisional applications.

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