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PART VIII INTERNATIONAL PATENT APPLICATIONS

Chapter 1 Scope of the Ordinance

119. Scope of the Ordinance

(1) This Part shall apply to international applications in respect of which the Institute acts as receiving Institute or designated Institute or elected.

(2) The other provisions of this Ordinance shall also be applicable, except where Article 131 of the Law or this Part provides otherwise.

Chapter 2 The Institute as Receiving Institute

120. Filing of the International Application

The international application filed with the Institute shall be made out in the Swiss official language that is a working language of the International Searching Authority competent for Switzerland. The Institute shall indicate these languages in the Swiss Journal of Patents, Designs and Marks.

121. Transmittal Fee and Search Fee

(1) The transmittal fee (Article 133(2) of the Law) shall be paid to the Institute during the month following receipt of the international application.

(2) Subsection (1) shall apply mutatis mutandis to the search fee, the amount of which shall be fixed on the basis of the agreement concluded with the International Searching Authority competent for Switzerland. The Institute shall indicate the amount of the search fee fixed by the International Searching Authority in the Swiss Journal of Patents, Designs and Marks.

122. International Fee; Other Designation Fees and Confirmation Fee

(1) The international fee, comprising a basic fee and designation fees according to Rule 15.1(ii) of the Regulations under the Patent Cooperation Treaty of June 19, 1970 (hereinafter "the Cooperation Treaty Regulations"), shall be paid to the Institute.

(2) Article 121(1) shall apply mutatis mutandis to payment of the basic fee.

(3) The designation fees according to Rule 15.1(ii) of the Cooperation Treaty Regulations shall be paid within 12 months following the filing date or priority date. Where the international application contains a priority claim, these fees may be paid within the month following filing where this term expires later.

(4) The designation fees and the confirmation fee according to Rule 15.5(a) of the Cooperation Treaty Regulations shall be paid to the Institute within 15 months following the filing date or priority date.

(5) The amounts of these fees shall be those that appear in the Schedule of Fees of the Cooperation Treaty Regulations.

122a. Invitation to Pay

(1) Where the transmittal fee, the basic fee, the search fee and the designation fee according to Rule 15.1(ii) of the Cooperation Treaty Regulations have not been paid in time, the Institute shall accord the applicant one month to pay the amount due as well as a late payment fee according to Rule 16bis.2 of the Cooperation Treaty Regulations.

(2) In case of nonpayment or partial payment within this time, the international application or the designations for the countries for which the fees have not been paid shall be considered withdrawn.

Chapter 3 The Institute as Designated Institute

123. Translation of Claims

Article 116(1), (3) and (4) shall apply mutatis mutandis to the translation of the claims of the published international application in respect of which the Institute is the designated Institute (Article 137 of the Law).

124. Conditions of Form

(1) When, for the international application, the translation or the mention of the inventor is not produced in time, or when the national application fee has not been paid within the prescribed time limits (Article 138 of the Law), the international application shall be regarded as having been withdrawn with respect to Switzerland.

(2) An applicant who has neither a domicile nor a place of business in Switzerland shall be required to appoint a representative within 20 months following the filing date or the priority date. Where Switzerland has been elected prior to the end of the 19th month as from the filing date or the priority date, the time limit shall be 30 months.

(2bis) If the time limits laid down in subsection (2) are not complied with, the Institute shall allow the applicant an additional period of one month to appoint a representative.

(3) If the priority document has not been submitted to the receiving Institute or the International Bureau within 16 months of the priority date, the priority right shall lapse.

(4) Article 52(4) shall apply mutatis mutandis when the priority document is not drafted in a Swiss official language or in English.

125. Search Report

(1) If the international application is subject to prior examination and if the international search report issues from the International Searching Authority competent for Switzerland, the search of the state of the art shall not be completed.

(2) A complementary report on the state of the art (Article 139(2) of the Law) shall be established:

(a) when the international search has not been effected for all the claims;
(b) when the international search report has not been established by the Authority competent for Switzerland, and if it is apparent from the report that the search was less extensive;
(c) when, as a result of the postponement of a date, an additional search has become necessary (Article 60(3)).

(3) The search fee for the complementary report shall be paid within two months of the invitation to do so by the examiner.

(4) In all other respects, Articles 55 to 60 shall apply mutatis mutandis.

Chapter 4 The Institute as Elected Institute

125a. Translation of Annexes to the International Preliminary Examination Report

(1) In those cases where a translation is to be submitted under Article 138(1)(c) of the Law, the annexes to the international preliminary examination report shall be translated into the same official Swiss language as that of the international application within a period of 30 months following the filing date or the priority date.

(2) If the time limit laid down in subsection (1) is not complied with, the Institute shall allow the applicant an additional period of two months. If that additional time limit is not complied with, the Institute shall declare the application to be inadmissible.

125b. Content and Consultation of Files

(1) The file of an international application shall contain, in addition to the contents set out in Article 89, the international preliminary examination report.

(2) Once the international application has entered the national phase, the file may be freely consulted.

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