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


TABLE OF CONTENTS

SWITZERLAND

Patent Regulations

as last amended on October 25, 1995
ENTRY INTO FORCE: January 1, 1996

Part I General Provisions
Chapter 1 Relations with the Federal Institute of Intellectual Property
1. Competence/ 2. Date of Postal Submissions/ 3. Signature/ 4. Language/ 5. More than One Applicant/ 6. Impossibility of Delivering a Communication/ 7. Succession
Chapter 2 Representation
8. Relation of the Institute with the Agent/ 9. Right of Representation
Chapter 3 Terms
10. Calculation/ 11. Duration/ 12. Extension Terms/ 13. Consequences of Failure to Observe a Time Limit/ 14. Continuation of the Procedure
Restoration to Prior State
15. a. Form and Contents of the Application/ 16. b. Examination of the Request
Chapter 4 Fees
17. Ordinance on Fees/ 17a. Types of Fees
Annual Fees
18 a. Due Date in General/ 18a. b. Due Date for Divisional Applications and the Constitution of New Patents/ 18b. c. Failure to Comply with a Time Limit for Payment/ 18c. d. Early Payment/ 18d. e. Reminders/ 19. Respite/ 19a. Conditions and effect/ 20. Repayment

Part II Patent Application
Chapter 1 General
21. Documents Required. Fees/ 22. Correction of Errors
Chapter 2 Requests for the Grant of a Patent
23. Form/ 24. Contents
Chapter 3 Technical Documents
25. General/ 26. Description/ 27. Inventions in the Microbiological Field/ 28. Drawings/ 29. Claims/ 30. Independent Claims/ 31. Dependent Claims/ 32. Form and Content of the Abstract/ 33. Final Abstract
Chapter 4 Mention of the Inventor
34. Form/ 35. Time Limit/ 36. [Repealed]/ 37. Rectification/ 38. Renunciation of Mention
Chapter 5 Priority and Immunity Derived from an Exhibition
Section 1 Priority/ 39. Priority Declaration/ 39a. Priority Declaration with Respect to Domestic Priority/ 40. Priority Document/ 41. Additional Priority Documents/ 42. Multiple Priority/ 43. Priority in the Case of Divisional Applications/ 43a. Priority Document Concerning an Initial Filing in Switzerland
Section 2 Immunity Derived from an Exhibition/ 44. Declaration of Immunity Derived from an Exhibition/ 45. Requisite Documents

Part III Examination of the Patent Application
Chapter 1 Examination on Filing and Examination as to Form
Section 1 Examination on Filing/ 46. Assignment of Filing Date
Section 2 Examination as to Form/ 47. Subject Matter of the Examination/ 48. Appointment of an Agent in the Case of Residence Abroad/ 49. Filing Fee and Claim Fee/ 50. Formal Defects in the Technical Documents/ 51. Amendments to the Technical Documents/ 52. Other Submissions Relating to the Application
Chapter 2 Decision on the Procedure for Examination as to Substance
53. Sorting/ 54. Decision Regarding Examination
Chapter 3 Search on the State of the Art in the Preliminary Examination Procedure
55. Payment of the Search Fee/ 56. Preliminary Examination/ 57. Report on the State of the Art/ 58. Exemption from the Search Fee/ 59. Repayment of the Search Fee/ 60. Additional Search Fee/ 61. Preliminary Examination Fee/ 61a. Examination Fee
Chapter 4 Examination as to Substance
Section 1 General Provisions/ 62. Postponement of Examination/ 62a. Postponement of Examination Where Domestic Priority is Claimed/ 63. Rapid Procedure/ 64. Amended Technical Documents/ 65. Filing Date of Divisional Applications/ 66. Classification
Section 2 Purpose and Completion of Examination/ 67. Procedure without Prior Examination/ 68. Prior Examination Procedure/ 69. End of Examination
Chapter 5 Preparation of Publication of the Application or Grant of the Patent
70. Postponement of Publication or Grant/ 71. Calculation of the Printing Fee/ 72. Delaying Period
Chapter 6 Opposition During the Prior Examination Procedure
73. Form and Content/ 74. Competence of the Chairman of the Division/ 75. Language/ 76. Representation of the Opposing Party/ 77. Opposing Party Excluded from Procedure/ 78. Rebuttal of the Opposition/ 79. Amendment of the Claims/ 80. Exchange of Statements. Debates/ 81. Final Decision of the Opposition Division

Part IV Appeals in the Prior Examination Procedure
82. Applicable Law/ 83. [Repealed]/ 84. [Repealed]/ 85. Language/ 86. [Repealed] (to 88.)

Part V Patent Files and Patent Register
Chapter 1 File
89. Contents/ 90. Inspection of Documents/ 91. Information on Patent Applications/ 92. Keeping of Documents
Chapter 2 Patent Register
93. Keeping of the Register/ 94. Contents of the Register/ 95. Consultation. Extracts from the Register
Chapter 3 Modifications
Section 1 Modifications Affecting the Existence of the Patent/ Partial Renunciation
96. a. Form/ 97. b. Contents/ 98. c. Registration and Publication/ 99. Limitation by the Court
Constitution of New Patents
100. a. Request/ 101. b. Claims/ 102. c. Description
Section 2 Modifications Affecting the Right to the Grant of a Patent and the Right to the Patent; Changes of Agent/ 103. Partial Allowance of an Action for Assignment/ 104. Mention in the File/ 105. Provisional or Final Recording in the Patent Register/ 106. Cancellation of Third-Party Rights/ 107. Changes of Agent

Part VI Publications of the Institute
108. Publication Organ/ 109. Patent Specification and Application Specification/ 110. Other Official Publications/ 111. [Repealed] (to 113.)

Part VII European Patent Applications and European Patents
114. Scope of the Ordinance/ 115. Filing with the Institute/ 116. Translation/ 117. Register and File/ 117a. Patent Marking/ 118. Transformation/ 118a. Annual Fees

Part VIII International Patent Applications
Chapter 1 Scope of the Ordinance
119. Scope of the Ordinance
Chapter 2 The Institute as Receiving Institute
120. Filing of the International Application/ 121. Transmittal Fee and Search Fee/ 122. International Fee; Other Designation Fees and Confirmation Fee/ 122a. Invitation to Pay
Chapter 3 The Institute as Designated Institute
123. Translation of Claims/ 124. Conditions of Form/ 125. Search Report
Chapter 4 The Institute as Elected Institute
125a. Translation of Annexes to the International Preliminary Examination Report/ 125b. Content and Consultation of Files

Part IX International-Type Searches
126. Conditions/ 127. Procedure

Part X Supplementary Protection Certificates For Medicinal Products
Chapter 1 Scope of Application
127a. Scope of Application
Chapter 2 Application for Certificate
127b. Application; Fee/ 127c. Content of the Request/ 127d. Publication of a Notice of Application
Chapter 3 Examination of Application
127e. Examination on Filing of the Application/ 127f. Examination of the Conditions for Issuing a Certificate
Chapter 4 Grant of Certificate
127g. Grant of Certificate
Chapter 5 Publication of Rejection of the Application for a Certificate, of the Premature Lapse of the Certificate, of its Invalidity or of its Suspension
127h. Publication of Rejection of the Application for a Certificate, of the Premature Lapse of the Certificate, of its Invalidity or of its Suspension
Chapter 6 File and Register
127i. File/ 127k. Register
Chapter 7 Fees
127l. Annual Fees/ 127m. Refund of Annual Fees

Part XI Final Provisions
Chapter 1 Repeal of Existing Law
128. Repeal of Existing Law
Chapter 2 Transitional Provisions
129. Terms/ 130. Fees/ 131. Applications for Patents of Addition/ 132. Mention of the Inventor/ 133. Priority/ 134. Consultation of Files
Chapter 3 Entry into Force
135. Entry into Force
Transitional Provisions of the Ordinance of August 12, 1986

[Last updated 1 April 2004]
fy[fW,Ìæ
HOME > Reference Room[Other Reference Information] > Information on foreign industrial property systems >