Rs 232.14 Federal Law Of June 25, 1954, On Patents For Invention (Law On Patents, Lbi)

Original Language Title: RS 232.14 Loi fédérale du 25 juin 1954 sur les brevets d’invention (Loi sur les brevets, LBI)

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232.14 federal law on patents for invention (law on patents, LBI) of June 25, 1954 (Status January 1, 2012) the Federal Assembly of the Swiss Confederation, view the art. 64 and 64 of the constitution, given the message of the federal Council of April 25, 1950, thus the additional message of December 28, 1951, stop: title I General provisions Chapter 1 Conditions required for obtaining a patent and effects of the patent art. 1a. patentable inventions / I. principle A. Inventions patentable I. principle of invention patents are granted for new inventions that can be used industrially.
Reflecting in an obvious way of the State of the art (art. 7, para. 2) is not a patentable invention.
Patents are granted without State guarantee.

New content according to art. 2 FY Dec. 16. 2005 relative to the approval of the Act revising the conv. on the European patent and the mod of the Federal Act on patents, in force since Dec. 13. 2007 (2007 6479 RO; FF 2005 3569).
New content according to art. 2 FY Dec. 16. 2005 relative to the approval of the Act revising the conv. on the European patent and the mod of the Federal Act on patents, in force since Dec. 13. 2007 (2007 6479 RO; FF 2005 3569).
New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 1aA. patentable Inventions / II. The human body and its elements II. The human body and its elements the human body as such, at the various stages of its formation and development, including the embryo, can be patented.
The elements of the human body, in their natural environment, cannot be patented. However, an element of the human body is a patentable invention when it is prepared technically, if a useful effect of a technical nature is specified and if the other conditions of the art. 1 are met; art. 2 is reserved.

Introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 1bA. patentable Inventions / III. III gene sequences. Gene sequences a gene sequence or a partial gene sequence existing in their natural state is per se not patentable.
However, a sequence derived from a gene sequence or a partial gene sequence in the natural state is a patentable invention when it is prepared technically, its function is described in practice and that the other conditions of art. 1 are met; art. 2 is reserved.

Introduced by chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 2 B exclusion from patentability (B) Exclusion from patentability inventions whose implementation would undermine the dignity or integrity of living organisms, or would be otherwise contrary to the public order or good morals, cannot be patented. No patent is granted including: a. for the processes of cloning humans and the resulting clones; b. for the processes of formation of beings mixed using human gametes, human totipotent cells or embryonic stem cells human, and the beings obtained; c. for parthenogenesis with human germinal material processes and parthenotes thus obtained; d. for germinal genetic identity modification processes of human beings and the resulting germ cells; (e) for lines of stem cells from human embryos and stem cells unmodified; f. for the use of human embryos for non-medical purposes; g. for the process of modification of the genetic identity of animals likely to cause them suffering, without that overriding interests worthy of protection justify, and the animals from such processes.

Can not be patented: a. methods of treatment by surgery or therapy and diagnostic methods applied to the human body or animal; (b) plant varieties and animal breeds, as well as essentially biological plants or animals getting processes; However, are patentable, subject to para. 1, microbiological processes, or other technical processes, their products and inventions concerning plants or animals and whose technical feasibility is not limited to a plant variety or an animal breed.

New content according to chapter I of the Federal Act of 22 June 2007, in force since 1 July. 2008 (RO 2008 2551; FF 2006 1).

Art. 3 C right to the grant of the patent / I. principle C. right to the grant of the patent I. principle the right to the grant of the patent belongs to the inventor, his successor in title or the third party to whom the invention belongs to another title.
If several people together made an invention, this right belongs to them in common.
If the same invention has been made by several people independently, it belongs to that which can invoke a previous deposit or a deposit enjoy earlier priority.

Art. 4 C right to the grant of the patent / II. Under review II. Under review in the proceedings before the federal Institute of intellectual property (IPI), the one who filed the patent application is considered as being the right to require the grant of the patent.

New term according to chapter I of the Federal Act of 9 October. 1998, in force since May 1, 1999 (RO 1999 1363; FF 1998-1346).
The name of the administrative unit has been adapted in application of art. 16, al. 3, o Nov. 17. 2004 on official publications (RS 170.512.1). This mod has been taken throughout the text.

Art. 5 D. Mention of the inventor / I. right of the inventor D. Mention of inventor I. right of the inventor to the applicant in writing designate the inventor to the IPI.
The person designated by the applicant will be mentioned as the inventor in the patent register, in the publication of the patent application and of the grant of the patent as well as in the patent specification.
The al. 2 is applicable by analogy when a third party product an executory judgment establishing that it is he who is the inventor and not the person designated by the applicant.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 6 D. Mention of the inventor / II. The mention II waiver. Waiver at the mention measures prescribed by art. 5, al. 2, will not be taken if the inventor designated by the applicant renounces.
The waiver of the inventor to be mentioned as such will have no effect.

Art. 7. novelty of the invention / I. State of the art E. novelty of the invention I. State of the art is deemed to be new invention which is not included in the State of the art.
The State of the art consists of everything made accessible to the public before the filing date or priority by a description written or oral, or use any other means.
Regarding novelty, the State of the art also includes the contents of an application earlier or based on a priority over old, valid for the Switzerland, version initially filed, the filing or priority date is earlier than the date indicated in para. 2 and that has been made available to the public on that date or until after that date, provided: a. the terms of art. 138 are met when it comes to an international application; (b) that the conditions of art. 153, al. 5, of the Convention of 5 October 1973 on the European patent in its revised version of November 29, 2000 are met when it comes to a European demand resulting from an international application; c. that the taxes referred to in art. 79, al. 2, of the Convention of 5 October 1973 on the European patent in its revised version of November 29, 2000 for the valid designation of the Switzerland have been paid when it comes to a European application.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
RS 0.232.142.2 introduced by chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 7aE. novelty of the invention / II. …

II....

Introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977 2026; FF 1976 II. 1) Repealed by no I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 7bE. novelty of the invention / III. Non-prejudicial disclosures III. Disclosures of non-prejudicial if the invention has been made accessible to the public during the six months preceding the filing date or the priority date, this disclosure is not understood in the State of the art when it results directly or indirectly: a. an abuse obvious with respect to the applicant or his predecessor in title, forgotten the source. the fact that the applicant or his predecessor in title has exhibited the invention in an official or officially recognized international exhibition within the meaning of the convention of November 22, 1928, on the international exhibitions and when he declared at the time of filing and that he has produced timely and sufficient parts to support.


Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
SR 0.945.11 art. 7. novelty of the invention / IV. New use of known substances / a. first therapeutic indication IV. New to known substances a. first therapeutic use substances or compositions which, as such, are included in the State of the art, but do not meet these conditions on their use for the implementation of a method of treatment by surgery or therapy or method of diagnosis referred to in art. 2, al. 2, let. a, are deemed new insofar as they are intended for this use.

Introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
Rectified by Commission for the drafting of the SSA. fed. (art. 58 al. 1 PA - RS 171.10).

Art. 7. novelty of the invention / IV. New to known substances use / b. subsequent therapeutic Indications b. subsequent therapeutic Indications substances or compositions which, as such, are included in the State of the art, but do not meet these conditions as to their specific use compared to a first indication in accordance with art. 7 c, for the implementation of a method of surgical or therapeutic treatment or a diagnostic method referred to in art. 2, al. 2, let. a, are deemed new insofar as they serve to the manufacture of a product intended for surgical, therapeutic or diagnostic.

Introduced by art. 2 FY Dec. 16. 2005 relative to the approval of the Act revising the conv. on the European patent and the mod of the Federal Act on patents (RO 2007 6479; FF 2005 3569). New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
Rectified by Commission for the drafting of the SSA. fed. (art. 58 al. 1 PA - RS 171.10).

Art. 8F. effects of the patent / I. exclusive F. effects of the patent right I. exclusive right the patent gives the owner the right to prohibit third parties to use the invention on a commercial basis.
Usage includes the manufacture, storage, supply and the release as well as the import, export, transit and possession for these purposes.
The transit cannot be prohibited only when the owner of the patent may prohibit importation into the country of destination.

New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 8aF. effects of the patent / II. II manufacturing process. Manufacturing processes if the invention relates to a manufacturing process, the effects of the patent also extends to the direct product of the process.
If the direct products of the process are in biological matter, the effects of the patent extend in addition to products resulting from the multiplication of the subject and with the same properties. Art. 9, art. 3, is reserved.

Introduced by chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
Sentence introduced by chapter I of the Federal Act of 19 Dec. 2008, in force since July 1. 2009 (2009 2615 RO; FF 2008 257).

Art. 8bF. effects of the patent / III. Genetic information III. Genetic information if the invention relates to a product consisting of a genetic information or containing such information, the effects of the patent extends to all material in which the product is incorporated and in which the genetic information is contained and performs its function. The art. 1A, al. 1, and 9, art. 3, are reserved.

Introduced by chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
New content of the sentence according to chapter I of the Federal Act of 19 Dec. 2008, in force since July 1. 2009 (2009 2615 RO; FF 2008 257).

Art. 8cF. effects of the patent / IV. Sequences of nucleotides IV. Sequences of nucleotides protection arising out of a claim to a sequence of nucleotides that is derived from a gene sequence or partial gene sequence in the natural state is limited to the sequence of nucleotide segments that perform the function described in concrete terms in the patent.

Introduced by chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 9 g. Exceptions to the effects of the patent / I. In general G. Exceptions to the effects of the patent I. In general the effects of the patent do not extend: a. acts in the private domain for purposes not commercial; b. to acts done for experimental purposes and research used to obtain knowledge on the subject of the invention, including its uses possible. is permitted including all scientific research dealing with the subject of the invention; c. the acts necessary for obtaining a marketing authorisation of a medicinal product in Switzerland or in a country with established equivalent drug control; (d) the use of the invention for the purpose of teaching in educational institutions; e. the use of biological material for purposes of selection or of discovery and development of a plant variety purposes; f. biological material obtaining in the field of agriculture is due to random or is technically unavoidable.

Agreements that restrict or cancel the exceptions referred to in para. 1 are void.

New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 9aG. Exceptions to the effects of the patent / II. In particular, II. Especially when a patented product is put into circulation in Switzerland or in the European economic area by the proprietor of the patent or with his consent, it can be imported and used or sold in Switzerland as a professional.
When a device allowing the use of a patented process is put into circulation in Switzerland or in the European economic area by the proprietor of the patent or with his agreement, the original purchaser or any subsequent purchaser of this device is allowed to use this process.
When the patented biological material is in circulation in Switzerland or in the European economic area by the proprietor of the patent or with his consent, it can be imported and multiplied in Switzerland insofar as this is necessary for the intended use. The resulting material should not be used for a subsequent multiplication. Art. 35A is reserved.
When a patented merchandise is put into circulation outside the European economic area by the proprietor of the patent or with his consent and only in relation to the functional features of this commodity arising from patent protection is less important, the goods may be imported in a professional capacity. Arising from patent protection is supposed to be of lesser importance if the owner of the patent does not likely otherwise.
Notwithstanding the al. 1 to 4, a patented goods cannot be released in Switzerland only with the agreement of the holder of the patent when in Switzerland or the country in circulation, the price of this commodity is imposed by the State.

Introduced by chapter I of the Federal Act of June 22, 2007 (RO 2008 2551; FF 2006 1). New content according to chapter I of the Federal Act of 19 Dec. 2008, in force since July 1. 2009 (2009 2615 RO; FF 2008 257).

Art. 10 repealed by no I of the Federal Act of 17 Dec. 1976, with effect from Jan 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 11 h. References to the existence of a protection / I. sign the patent H. References to the existence of a protection I. sign the patent products protected by a patent, or their packaging, can be fitted with the sign of the patent which consists of the Federal cross and the number of the patent. The federal Council may prescribe additional guidance.
The owner of the patent may require of those who have the right to use his invention, under a prior use or license, they affix the sign of the patent on the products they make or on their packaging.
If they do not comply at the request of the owner of the patent, they respond to him of the damage resulting, without prejudice to the right of the owner of the patent to require the affixing of the sign.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 12 h. References to the existence of protection / II. Other references II. Other references who puts into circulation or on sale its trade papers, ads of all kinds, products or goods by putting them to an another reference to the existence of protection is required to report to anyone who will make him the application number of the application or of the patent to which the reference refers.
The one who accuses others of infringing its rights or putting them warn of harm, upon request, shall provide the same information.

Art. 13J. home abroad J. home abroad anyone involved in an administrative procedure under this Act without having domicile or headquarters in Switzerland must provide a home for service in Switzerland. The home of notification is not required for:

a. the application of patent in order to recognize a filing date; (b) the payment of fees, the filing of translations, the presentation and applications after the grant of the patent and queries is resulting in notifications.

The provisions regulating the exercise of the profession of lawyer are reserved.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
New content according to point 3 of the annex to the Federal Act of 20 March 2009 on patent attorneys, in effect since July 1. 2011 (2011 2259 RO; FF 2008 327).
New content according to art. 2 of the AF on June 22, 2007, in force since July 1. 2008 (RO 2008 2677; FF 2006 1).

Art. 14 k. patent term / I. maximum K. patent term I. maximum the patent lasts at most until the expiration of 20 years from the date of filing of the patent application.


New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
Repealed by no I of the Federal Act of 17 Dec. 1976, with effect from Jan 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 15 k. patent term / II. Premature lapse II. Premature lapse of the patent expires: a. when the holder renounces a written declaration addressed to the IPI; b. when an annuity due is not paid in due time.



New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
Repealed by no I of the Federal Act of 17 Dec. 1976, with effect from Jan 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 16 L. Reserve L. Reserve applicants or holders of patent Swiss nationals may invoke the provisions of the text, linking Switzerland, of the Paris convention of March 20, 1883, for the protection of industrial property, where these provisions are more favourable than those of the present law.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
RS 0.232.01/.04 Chapter 2 right of priority art. 17 a. Conditions and effects of priority A. Conditions and effects of priority when an invention is the subject of a regular a deposit request of patent, utility or inventor, and that this takes place deposit certificate model or product its effects in one of the countries party to the Convention of the union of Paris of March 20, 1883, for the protection of industrial property or to the agreement of 15 April 1994 on aspects of intellectual property rights affecting other than the Switzerland trade (annex 1 c to the agreement establishing the World Trade Organization), it gives rise to a right of priority in accordance with art. 4 of the convention. This right may be claimed in Switzerland for the same invention within 12 months of the first deposit.
The first deposit in a country that grants reciprocity to the Switzerland has the same effects as the first deposit in a country party to the Paris convention for the protection of industrial property.
Unless provided otherwise in this Act or the order, the al. 1 as well as art. 4 of the Paris convention of March 20, 1883, for the protection of industrial property shall apply by analogy to the case of a first Swiss request.
The priority right has effect of making non-prejudicial to the depot developments since the first deposit.


New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
RS 0.232.01/.04 RS 0.632.20 new content according to art. 2 FY Dec. 16. 2005 relative to the approval of the Act revising the conv. on the European patent and the mod of the Federal Act on patents, in force since Dec. 13. 2007 (2007 6479 RO; FF 2005 3569).
Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
Introduced by chapter I of the Federal Act on Feb 3. 1995, in force since 1 sept. 1995 (RO 1995 2879: FF 1993 III 666).
Repealed by no I of the Federal Act of 17 Dec. 1976, with effect from Jan 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 18 B quality to claim the right of priority (B) quality to claim the right of priority.
Can claim the right of priority the first applicant or one who has acquired the right belonging to the first applicant to a patent application in Switzerland for the same invention.
If the first deposit, the deposit in Switzerland or both have been made by a person who was not entitled to the grant of the patent, the person entitled may take advantage of priority derived from the first deposit.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
Repealed by no I of the Federal Act of 17 Dec. 1976, with effect from Jan 1. 1978 (RO 1977-1997; FF 1976 II. 1)
New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 19. formalities C. formalities the one who wants to claim a right of priority will be given to IPI a statement and a priority document.
The right to the priority turns off if deadlines and formalities set out in the Ordinance are not observed.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 20 D. burden of proof in the event of trial D. burden of proof the recognition of the right of priority during the procedure for the grant of the patent lawsuit does not exempt the holder of the patent to prove the existence of this right in case of trial,.
The filing of the priority is assumed to be the first deposit (art. 17, para. 1 and 1).

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 20aE. prohibition to combine protection stop E. ban to combine protection when, for the same invention, the inventor or his successor in title has obtained two valid patents with the same filing or priority date, the effects of the patent based on the earlier application, insofar as the extent of the protection conferred by the two patents is the same.

Introduced by chapter I of the Federal Act on Feb 3. 1995, in force since 1 sept. 1995 (RO 1995 2879: FF 1993 III 666).

Art. 21 to 23 repealed by chapter I of the Federal Act of 17 Dec. 1976, with effect from Jan 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Chapter 3 changes related to the existence of the patent art. 24 A disclaimer / I. Conditions A. waiver partial I. Conditions the owner of the patent may renounce it partially by asking the IPI is: a. to remove a claim (arts. 51 and 55) forgotten the source. to limit an independent claim by incorporating one or more claims which depend on VHF. to limit an independent claim in another way; in this case, the limited claim must relate to the same invention and define a form of execution, which is scheduled in the published patent specification and the version of the application which determined its filing date.



New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
Repealed by art. 2 FY Dec. 16. 2005 relative to the approval of the Act revising the conv. on the European patent and the mod of the Federal Act on patents, in force since Dec. 13. 2007 (2007 6479 RO; FF 2005 3569).

Art. 25 A Disclaimer / II. Constitution of new patents II. Constitution of new patents if, as a result of a partial waiver, there are claims that cannot coexist in the same patent according to the art. 52 and 55, the patent will be limited accordingly.
The owner of the patent may request, for the eliminated claims, one or several new patents which will receive as the date of filing of the original patent.
Once the partial waiver has been entered in the register of patents, IPI sets the owner of the patent a deadline to apply for the constitution of new patents in accordance with para. 2; Thereafter, such a request will longer be allowed.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 26 B action in nullity / I. Causes of nullity B. Action in nullity I. Causes of nullity on request, the judge found the nullity of the patent: a. when the subject matter of the patent is not patentable within the meaning of art. 1, 1, 1 b and 2; b. when the invention is not exposed in the patent specification, such that a business man can run it; c. when the subject matter of the patent goes beyond the content of the patent application in the version which has determined its filing date; (d) when the owner of the patent is the inventor or his successor in title and that he was not entitled, either to another title, to the grant of the patent.

When a patent has been granted with recognition of a priority and the patent application whose priority is claimed has not resulted in a patent, the judge may require the owner of the patent, it indicates the reasons with supporting evidence; If the holder refuses, the judge will freely appreciate this attitude.

New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 27 B action in nullity / II. Partial nullity II. Nullity partial when only part of the patented invention is affected by annulment, the judge will limit the patent accordingly.
It will give the parties the opportunity to comment on new writing that he intends to give to the claim; It may also ask the opinion of IPI.
Art. 25 is applicable by analogy.

Art. 28 B action in nullity / III. Quality for Act III. Standing any person who can prove an interest may bring an action for annulment; action derived from art. 26, al. 1, let. d belongs only to the person entitled.

New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 28aC. effects of the change of the existence of the patent C. effects of the change of the existence of the patent, the patent is deemed have never produced effects to the extent where the patentee waives his title and where the judge agrees, upon request, the nullity of the title.

Introduced by art. 2 FY Dec. 16. 2005 relative to the approval of the Act revising the conv. on the European patent and the mod of the Federal Act on patents, in force since Dec. 13. 2007 (2007 6479 RO; FF 2005 3569).

Chapter 4 changes regarding the right to the grant of the patent and the patent right; Licensing art. 29. Action for assignment / I. Conditions and effects to the third A. Action for assignment I. Conditions and effects to third parties when the patent application was filed by a person who, pursuant to art. 3, was not entitled to the grant of the patent, the person entitled may request the transfer of the patent application or, if the patent has already been granted, apply for the assignment or the action in nullity.

If the judge orders the sale, license or other rights granted in the meantime to third parties fall; they have however, entitled to the grant of a license not exclusive when they already have, in good faith, used the invention professionally in Switzerland or if they made preparations to this end.
All claims for damages are reserved.
Art. 40th applies by analogy.

Repealed by no I of the Federal Act of 17 Dec. 1976, with effect from Jan 1. 1978 (RO 1977-1997; FF 1976 II. 1)
New content according to section II 4 of the annex to the Federal Act of 5 October. 2001 on designs, in effect since July 1. 2002 (RO 2002 1456; FF 2000 2587).
Introduced by chapter I of the Federal Act of 16 Dec. 1994 (RO 1995 2606; FF 1994 IV 995). New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 30. Action for assignment / II. Partial assignment II. Partial assignment when the applicant cannot justify its right to all claims, the judge ordered the assignment of the patent or the patent application, by eliminating the claims for which the applicant has not established his right.
In this case, art. 25 is applicable by analogy.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 31 a. Action for assignment / III. Time for bringing action III. Time for bringing the action for assignment action must be brought within two years from the official date of publication of the statement of invention.
The action against a defendant of bad faith is related to no delay.

According to the new terminology "the patent specification.

Art. 32 B expropriation of the patent (B) Expropriation of the patent when the public interest so requires, the federal Council may order the total or partial of the patent expropriation.
The expropriated party is entitled to full compensation, set in case of dispute by the federal court; the provisions of chapter II of the Federal law of June 20, 1930, on expropriation shall apply by analogy.

RS 711 art. 33 C transfer of the right to the grant of the patent and the patent right C. transfer of the right to the grant of the patent and the right to the patent the right to the grant of the patent and the patent right pass to the heirs; they can be transferred to third parties, in whole or in part.
When these rights belong to several, each entitled cannot exercise them only with the consent of the other; You can however, independently dispose of his share and bring action for infringement of the patent.
The transfer of the patent application and of the patent which is the result of a legal act is valid only in the written form.
The transfer of the patent to operate independently of registration in the register of patents; However, absence of registration, the actions provided for by this Act may be directed against the former proprietor of the patent.
The rights of third parties not registered in the register of patents are not opposable to those who in good faith acquires rights to the patent.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 34 D. licensing D. licensing of the applicant or the patentee may authorize others to use the invention (Licensing).
When demand for a patent or the patent belong to several, a license may not be granted without the consent of rights holders.
Licenses not entered in the register of patents are not applicable in relation to those who in good faith acquires rights to the patent.

Chapter 5 Legal Restrictions on the rights of the patent art. 35 a. Droit-thirds derived from prior use. foreign vehicles A. right of third parties derived from prior use. foreign vehicles the patent cannot be opposed to one who, in good faith, before the filing of the application for a patent or that of the priority date, used the invention professionally in Switzerland or had made special preparations therefor.
It will be able to use the invention for the purposes of his business; This right cannot be transferred inter vivos or by succession, together with the company.
The effects of the patent do not extend to vehicles who don't stay only temporarily in Switzerland or in devices applied to these vehicles.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 35aA. Privilege of farmers / I. principle A. I. principle farmers Privilege farmers who have acquired plant multiplication material put into circulation by the holder of the patent or with his consent can, in their operations, multiply the product of the harvest they got there by the culture of this material.
In their operation, farmers who have acquired animal or animal reproductive material put into circulation by the holder of the patent or with his consent can reproduce the animals they have bred from this material or of these animals.
Farmers must obtain the consent of the owner of the patent to give to third parties, for the purpose of reproduction, the product of the harvest, the animal or the animal reproductive material concerned.
Any agreement which restricts or cancels the privilege of farmers in the area of food and feed is zero.

Introduced by art. 2 No. 2 of the AF of the Oct. 5. 2007, in force since 1 sept. 2008 (RO 2008 3897; FF 2004 3929).

Art. 35bA. Privilege of farmers / II. Scope and compensation II. Scope and compensation the federal Council determines plant species covered by the privilege of farmers; in so doing, it takes into account in particular their importance as a raw food and pet food.

Introduced by art. 2 No. 2 of the AF of the Oct. 5. 2007, in force since 1 sept. 2008 (RO 2008 3897; FF 2004 3929).

Art. 36 B rights dependent on protection / I. Inventions dependent B. rights of dependent protection I. Inventions dependent if the invention subject to a patent cannot be used without infringing a prior patent, the owner of the most recent patent is entitled to the grant of a non-exclusive licence to the extent necessary for exploitation of his invention, when the invention compared to that which is the subject of the first patent presents a considerable economic interest important technical progress.
The license for the use of the invention covered by the first patent may be transferred only in conjunction with the second patent.
The owner of the first patent may link the granting of the license on the condition that the holder of the second patent granted in turn a license for the use of his invention.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since July 1. 1995 (RO 1995 2606; FF 1994 IV 995).
New content according to art. 2 No. 2 of the AF of the Oct. 5. 2007, in force since 1 sept. 2008 (RO 2008 3897; FF 2004 3929).

Art. 36aB. dependent rights of protection / II. Dependent rights II. Dependent protection rights

When a title of protection of a plant variety cannot be achieved or exploited without infringing a prior patent, the breeder or holder of the title of protection is entitled to a non-exclusive license, to the extent necessary to obtaining and exercising his right, as long as the plant variety represents a large and economically significant progress compared to the invention protected by a patent. The criteria of the Ordinance of 7 December 1998 on seeds must be taken into account when it comes to varieties intended for agricultural or food use.
The owner of the patent may link the granting of the license on the condition that the holder of the title of protection granted to turn a license for the use of his right.

Introduced by art. 2 No. 2 of the AF of the Oct. 5. 2007, in force since 1 sept. 2008 (RO 2008 3897; FF 2004 3929).
SR 916.151 art. 37 C exploitation of the invention in Switzerland / I. Action lizenzierung C. Exploitation of the invention in Switzerland I. Action in a licence after a period of three years from the grant of the patent, but at the earliest four years after filing, any person who can prove an interest may ask the judge granting a non-exclusive license to use the invention so , until the introduction of the action, the owner of the patent has not exploited the invention extent necessary in Switzerland and provided that he cannot justify his inaction. The import is considered to be the patent in Switzerland.

At the request of the applicant, the judge may grant a license anytime soon the proceedings, subject to judgment, when, in addition to the conditions set out in para. 1, the applicant makes it likely that he has an interest to immediately use the invention and the defendant provides sufficient security; the defendant must be heard beforehand.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since July 1. 1995 (RO 1995 2606; FF 1994 IV 995).
Repealed by no I of the Federal Act of 16 Dec. 1994, with effect from July 1. 1995 (RO 1995 2606; FF 1994 IV 995).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since July 1. 1995 (RO 1995 2606; FF 1994 IV 995).

Art. 38 C exploitation of the invention in Switzerland / II. Action for revocation of the patent II. Action for revocation of the patent if licensing is not enough to meet the needs of the Swiss market, any person who can prove an interest may, after a period of two years from the grant of the first license granted pursuant to art. 37, al. 1, ask the judge to decide the forfeiture of the patent.
When the legislation of the country of which the owner of the patent is a national or in which he is established admits, after a period of three years from the grant of the patent, the action for revocation for lack of exploitation of the invention in the country, this action will be accepted in lieu of the action in licensing to the conditions set out in art. 37 for the grant of the license.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 39 C exploitation of the invention in Switzerland / III. III exceptions. Exceptions the federal Council may declare the art. 37 and 38 inapplicable with respect to nationals of countries granting reciprocity.

Art. 40. D Licence in the public interest. D Licence in the public interest when the public interest so requires, the one to which the patentee has refused, without sufficient reason, to give the required license can ask the judge granting a license to use the invention.


New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
Repealed by no I of the Federal Act of 16 Dec. 1994, with effect from July 1. 1995 (RO 1995 2606; FF 1994 IV 995).

Art. 40aE. compulsory licenses in the field of the semiconductor technology E. licenses required in the area of the semiconductor technology in the case of an invention in the field of semiconductor technology, a non-exclusive license may be granted to remedy anti-competitive declared at the end of a judicial or administrative procedure.

Introduced by chapter I of the Federal Act of 16 Dec. 1994, in force since July 1. 1995 (RO 1995 2606; FF 1994 IV 995) art. 40bF. research tools F. research Instruments anyone who intends to use a biotechnological invention patented as an instrument or as an accessory search is entitled to a non-exclusive license.

Introduced by chapter I of the Federal Act of 16 Dec. 1994 (RO 1995 2606; FF 1994 IV 995). New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 40 cG. compulsory licenses for diagnostics G. licenses mandatory for diagnosis in the case of an invention on a product or a process of diagnosis in the human domain, a non-exclusive license is granted to remedy anti-competitive declared at the end of a judicial or administrative procedure.

Introduced by chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 40dH. compulsory licenses for the export of pharmaceutical products H. licenses for the export of pharmaceutical products any person may apply to the judge granting a non-exclusive license for the manufacture of patented pharmaceutical products and their export to a country with no manufacturing capability or with inadequate capacity in the pharmaceutical sector but to which these products are needed to tackle public health problems especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics (beneficiary countries).
The countries reporting to the World Trade Organization (WTO) that they give up partially or totally to a licence referred to in para. 1 will not be considered as recipient countries in the extent of their statements. Other countries who meet the requirements of para. 1 may be of the beneficiary countries.
Only the amount of pharmaceutical products required to meet the needs of the recipient country can be produced under the license provided for in para. 1; all of this production must be exported there.
The licensee under para. 1 and any producer that manufactures licensed products must ensure that their products will be clearly identified as having been produced under a licence referred to in para. 1 and they will stand out products patented by their special packaging, or their color or their formatting, provided that these distinctions do not have a significant impact on the price of the products in the recipient country.
The federal Council shall regulate the licensing conditions of the license provided for in para. 1. it determines in particular information or notifications that the competent judge must have to decide on this grant and the measures referred to in para. 4. introduced by chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 40eH. compulsory Licences for the export of pharmaceutical products / I. provisions common to the art. 36 to 40 d I. provisions common to the art. 36 to 40 d licenses provided for in art. 36 to 40 d are granted when the efforts made by the applicant in order to obtain a license contract on reasonable commercial terms were unsuccessful within a reasonable time; in the case of a license provided in art. 40 d, a period of 30 days is considered reasonable. Such efforts are not necessary in situations of national emergency, other circumstances of extreme urgency, or in case of public non-commercial use.
The scope and duration of the license are limited to the purposes for which it was granted.
The license may be transferred only with the part of the company that operates it. It is similarly of sub-licenses.
The licence is granted mainly for the supply of the domestic market. Art. 40 d is reserved.
The owner of the patent has the right to an adequate remuneration. It is determined given the case in hand and the economic value of the license. In the case of a license provided in art. 40 d, remuneration is determined taking into account the economic value of the license in the country of import, the level of development and the health and humanitarian emergency. The federal Council specifies the method of calculation.
The judge decides the granting and the withdrawal license, its scope and duration, and the compensation to be paid. In particular, it removes the license to the person entitled if the circumstances that justified its granting cease to exist and it is likely that they will not be repeated. The adequate protection of the legitimate interests of the right is reserved. In the case of the granting of a license provided in art. 40 d remedies have no suspensive effect.

Introduced by chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Chapter 6 fees art. 41. obtaining and maintaining in force a patent, as well as the processing of special applications assume the payment of taxes provided by the order.


New content according to Chapter 4 of the annex to the Federal Act of 24 March 1995 on the status and tasks of the federal Institute of intellectual property, in force since Jan. 1. 1996 (RO 1995 5050; FF 1994 III 951).

Art. 42 to 44 repealed by section 4 of the annex to the Federal Act of 24 March 1995 on the status and tasks of the IPI, with effect from Jan 1. 1996 (RO 1995 5050; FF 1994 III 951).

Art. 45 and 46 repealed by chapter I of the Federal Act of 17 Dec. 1976, with effect from Jan 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Chapter 7 continued the procedure and reinstatement in the prior art. 46aA. further processing A. continuation of the procedure when the applicant or the owner of the patent has not observed a period prescribed by law or specified by the IPI, it may file an application for continuation of the procedure at the IPI.
He must make this request within two months from the receipt of the notification of the IPI for failure to comply with the time limit, but at the latest within six months from the expiry of the unobserved time limit. In addition, during these times, it must fully implement the omitted Act, complete if there is place the patent application and pay the fee for continuation of the procedure.
Admission of the request for continuation of the proceedings has the effect of restoring the situation that would have resulted from the performance of the Act in time. Art. 48 is reserved.
The continuation of the procedure is excluded when the following time limits have not been observed: a. deadlines that need not be respected with respect to the IPI; b. time limits for filing a request for continued processing (al. 2); c. deadlines to apply for reinstatement (art. 47, al. 2); d. deadlines to submit a patent application accompanied by a claim of the right of priority and a declaration of priority (art. 17, 19); e... .f. time for the modification of technical parts (art. 58, al. 1); g... h. time limits for filing a request for supplementary protection certificate (art. 140f, para. 1, 146, al. 2 and 147, para. 3); i. any other time fixed by order, and whose failure preclude the continuation of the procedure.

Introduced by chapter I of the Federal Act on Feb 3. 1995, in force since 1 sept. 1995 (RO 1995 2879: FF 1993 III 666).
New content according to section 23 of the annex to the Federal Act of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).
New content according to art. 2 of the AF on June 22, 2007, in force since July 1. 2008 (RO 2008 2677; FF 2006 1).
Repealed by art. 2 FY Dec. 16. 2005 relative to the approval of the Act revising the conv. on the European patent and the mod of the Federal Act on patents, with effect from Dec. 13. 2007 (2007 6479 RO; FF 2005 3569).
Repealed by art. 2 of the AF on June 22, 2007, with effect from July 1. 2008 (RO 2008 2677; FF 2006 1).

Art. 47 B reintegration in prior State B. Reintegration in its previous state when the applicant or the patentee make it likely they were prevented, without their fault, to observe a time limit prescribed by the Act or the regulations or allotted by the Institute, they will be, at their request, reinstated in its previous state.
The request must be made within two months from the end of the impediment, but at the latest within a period of one year from the expiry of the time limit, the authority with which the omitted Act had to be done; at the same time, the omitted Act must be performed.
Reintegration is not admitted in the case provided for in para. 2 above (time limit to request reinstatement).
The acceptance of the request has the effect of restoring the situation that would have resulted from the performance of the Act in good time; art. 48 is reserved.

New content according to chapter I of the Federal Act on Feb 3. 1995, in force since 1 sept. 1995 (RO 1995 2879; FF III 666 1993).

Art. 48 C reserve for the third C. Reserve in favour of third parties the patent may not be opposed to that during the periods indicated below, has in good faith, used the invention professionally in Switzerland or made special preparations therefor: a. between the last day of the time limit for the payment of an annuity (...) and the day has been made a request or a request for continuation of the proceedings (art. 46 (a) of reintegration (art. 47); b. between the last day of the priority period (art. 17, para. 1) and the day where the patent application has been filed.

The right acquired by a third party is governed by art. 35, al. 2. the person claiming a right based on the al. 1, let. a, will pay to the owner of the patent with fair compensation, from the moment where the patent has been reinstated.
In case of dispute, the judge rules on the existence and scope of the rights claimed by a third party and fixed the amount of the allowance provided for in para. 3. new content according to chapter I of the Federal Act on Feb 3. 1995, in force since 1 sept. 1995 (RO 1995 2879; FF III 666 1993).
Reference repealed by section 4 of the annex to the Federal Act of 24 March 1995 on the status and tasks of the IPI, with effect from Jan 1. 1996 (RO 1995 5050; FF 1994 III 951).
New content according to chapter I of the Federal Act on Feb 3. 1995, in force since 1 sept. 1995 (RO 1995 2879; FF III 666 1993).

Chapter 8representation and supervision art. 48a A. Representation A. Representation draw is required to be represented in an administrative procedure provided for in this Act.
Anyone who does not wish to lead as part of an administrative procedure provided for in this Act must be represented by an agent with a notification in Switzerland domicile.

Art. 48b B. monitoring B. Surveillance art. 13 of the law of 20 March 2009 on patent attorneys applies by analogy to the agents not registered in the register.

RS 935.62 title second grant of the patent Chapter 1 application of patent art. 49 a. Forme of application / I. In general a. form of application I. In general who wants to get a patent should apply a patent with the IPI.
The application shall include: a. a request for the grant of the patent; (b) a description of the invention and, in the case of a claim involving a sequence derived from a gene sequence or partial gene sequence, a description concrete of the function performed the sequence derived; c. one or several claims; (d) the drawings to which refer the description or the claims; e. an abstract.



New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
Repealed by section 4 of the annex to the Federal Act of 24 March 1995 on the status and tasks of the IPI, with effect from Jan 1. 1996 (RO 1995 5050; FF 1994 III 951).

Art. 49aA. form of application / II. Indication of the source of genetic resources and traditional knowledge II. Indication of the source of genetic resources and traditional knowledge patent application must contain information about the source: a. of the genetic resource to which the inventor or the applicant has had access, if the invention relates directly to this resource; b. the traditional knowledge of indigenous communities or local related to genetic resources to which the inventor or the applicant has had access as long as the invention relates directly to this knowledge.

If the source is known to the applicant or the inventor, he must confirm it in writing.

Introduced by chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 50 B presentation of the invention / I. In general (B) disclosure of the invention I. In general the invention must be set out in the patent application, such that a business man can run it.


New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
Repealed by no I of the Federal Act of 17 Dec. 1976, with effect from Jan 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 50aB. disclosure of the invention / II. Biological material II. Biological material when an invention involves manufacturing or use of biological material and that it cannot be described adequately, the presentation must be supplemented by the deposit of a sample of the biological material and, in the description, by indications of the essential characteristics of this material and a reference to the deposit.
When, for an invention which is on matter organic as a product, manufacturing cannot be described adequately, the presentation must be completed or replaced by the deposit of a sample of matter, and in the description, by reference to the deposit.
The invention is deemed exposed to the senses of the art. 50 once the sample of the biological material has been deposited no later than on the date of filing of the application with a deposit institution recognized and that demand for such patent as filed initially contains data related to the biological material and the reference to the deposit.

The federal Council shall regulate the requirements related to the depot, to information, to the biological material and the reference to the filing and access to the deposited samples.

Introduced by chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 51. claims / I. scope C. claims I. scope the invention will be defined in one or more claims.
The claims determine the scope of protection conferred by the patent.
The description and drawings are used to interpret the claims.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 52C. claims / II. Reven - the independent claims II. Reven - the independent claims each independent claim cannot define a single invention only, namely: a. a; forgotten the source. a product, a way for the implementation of a process or device; OUC. the application of a process; Oud. the use of a product.

A patent may contain several independent claims when they define a plurality of inventions linked so that they form a single general inventive concept.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 53 and 54 repealed by chapter I of the Federal Act of 17 Dec. 1976, with effect from Jan 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 55. claims / III. Reven - the dependent claims III. Reven - the dependent claims the special forms of execution of the invention defined by an independent claim may be the subject of dependent claims.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 55 introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) Repealed by section 4 of the annex to the Federal Act of 24 March 1995 on the status and tasks of the IPI, with effect from Jan 1. 1996 (RO 1995 5050; FF 1994 III 951).

Art. 55bD. abstract D. abstract the abstract is used exclusively for purposes of technical information.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 56 E. Filing Date. In general e. Date of deposit. Generally the day on which the last of the following is filed is deemed date of filing: a. an explicit or implicit grant of patent application; (b) indications allowing the identity of the applicant; c. something that, at first glance, appears to be a description.

For mailings the defining moment will be when they will have been transferred to the post Switzerland at the address of the IPI.
The federal Council shall regulate the terms, in particular the language in which the elements referred to in para. 1 must be filed, the filing date and the publication if later filed missing part of the description or a drawing is missing, and the replacement of the description and drawings by reference to a previously filed patent application.

New content according to art. 2 of the AF on June 22, 2007, in force since July 1. 2008 (RO 2008 2677; FF 2006 1).
New content according to Chapter 6 of the appendix to the Federal Act of 30 April 1997 on the organisation of the post, in effect since Jan. 1. 1998 (RO 1997 2465; FF 1996 III 1260).
Introduced by according to art. 2 of the AF on June 22, 2007, in force since July 1. 2008 (RO 2008 2677; FF 2006 1).

Art. 57th. Filing Date. In general / II. In the event of demand II Division. In the case of Division of the application a patent application resulting from the Division of an earlier application will bear the same date of filing as the latter: a. If, in its filing, it has been designated expressly split request; (b) If, at the time of the filing of the application split, the earlier application was still pending; etc. insofar as its object will not beyond the content of the earlier application in its original version.



New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
Repealed by art. 2 of the AF on June 22, 2007, with effect from July 1. 2008 (RO 2008 2677; FF 2006 1).

Art. 58E. changing technical documents F. changing technical documents the applicant must have at least an opportunity to change technical parts before the conclusion of the review process.
Technical parts must not be changed in such a way that the purpose of the amended application beyond their content.

New content according to art. 2 of the AF on June 22, 2007, in force since July 1. 2008 (RO 2008 2677; FF 2006 1).

Art. 58aG. Publication of patent applications G. Publication of the IPI patent applications published patent applications: a. immediately after the expiry of a period of 18 months from the filing date or, if a priority has been claimed, from the priority date; (b) before the expiration of the period referred to in the let. a on request of the applicant.

The publication includes the description and claims as well as, as appropriate, the drawings, the abstract, as long as it is available before the end of the technical preparations for publication, a report on the State of the art and a search international-type within the meaning of art. 59, al. 5. If this report or this search have not been published with the patent application, they are separately.

Introduced by chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Chapter 2 review of the patent application art. 59 a. Objet examination A. subject to review if the subject of a patent application is not or is only partially compliant with the art. 1, 1 a, 1 b and 2 IPI informs the applicant indicating the reasons and he sets a deadline to meet.
If the patent application does not meet other requirements of this Act or the order, the IPI shall set a time limit for correcting defects.

IPI examines not whether the invention is new or whether it stems from an obvious way of the State of the art.
The applicant may, on payment of a fee: a. ask, within the time limit of 14 months from the filing date or, where priority is claimed, from the priority date, that the Institute establish a report on the State of the art; b. ask, within the period of six months from the date of filing of a first request IPI to realize international-type search.

If no report within the meaning of para. 5, let. has been established or no search within the meaning of para. 5, let. b carried out, any person entitled to request the consultation of the file in accordance with art. 65 may, upon payment of a fee, request the establishment by the IPI for a report on the State of the art.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
Repealed by no I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1)
New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 59aB. end of review B. end of the examination if the conditions of the grant of the patent are met, IPI communicates to the applicant that the procedure has ended....
IPI rejects the request if: a. it is not withdrawn, although a patent may not be issued for the reasons referred to in art. 59, al. 1, forgotten the source. defects reported in accordance with art. 59, al. 2 are not corrected.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
Repealed by section 4 of the annex to the Federal Act of 24 March 1995 on the status and tasks of the IPI, with effect from Jan 1. 1996 (RO 1995 5050; FF 1994 III 951).

Art. 59B introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) Repealed by no I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 59cC. Opposition C. Opposition within the period of nine months from the date of publication of the registration in the register of patents, anyone can oppose to the IPI the patent granted by the latter. The opposition must be trained in writing and reasoned.
The opposition may be based only on the fact that the subject matter of the patent is excluded from patentability in the sense of the art. 1 a, 1 b and 2.
If the IPI accepts the opposition in whole or in part, it may revoke the patent or maintain in its modified form. The decision on opposition is likely to appeal to the Administrative Tribunal federal.
The federal Council shall regulate the modalities, including the procedure.

Introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 59 d introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) Repealed by no I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).


Chapter 3 the patent register; publications made by the IPI; electronic communication with the authorities art. 60 patent a. Registre A. register of patents the IPI delivers the patent by adding it to the registry of patents.
The patent register contains the following information: the number of the patent, the symbols of the classification, the title of the invention, the date of deposit, the name and domicile of the owner of the patent and, if so, indications of priority, the name and domicile of the agent, the name of the inventor's business.
He enrolled in addition all changes concerning the existence of the patent or the right to the patent.


New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
Repealed by no I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 61 B publications / I. Concerning patent applications and patents registered B. Publications I. Concerning patent applications and patents registered the IPI publishes: a. the patent application, with the indications mentioned in art. 58, art. 2; (b) the registration of the patent in the register of patents, with the indications referred to in art. 60, al. 1 c. the radiation of the patent to the patent register; d. changes entered in the register concerning the existence of the patent and the right to the patent.


IPI determines the publication organ.

New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
Introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) Repealed by no I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).
Introduced by chapter I of the Federal Act of 9 October. 1998 (RO 1999-1363; FF 1998-1346). New content according to section II 4 of the annex to the Federal Act of 5 October. 2001 on designs, in effect since July 1. 2002 (RO 2002 1456; FF 2000 2587).

Art. 62 repealed by no I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 63 B publications / II. The II patent specification. The IPI patent specification made it seem a booklet for each patent.
The issue contains the description, the claims, the abstract and, where appropriate, drawings, as well as the indications listed in the register (art. 60, para. 1) new content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 63A introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) Repealed by no I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 64 C the patent document C. the patent Document as soon as the presentation of invention is ready to be published, the IPI established the patent document.
This document consists of the attestation that the conditions required by law to get the patent have been met, and a copy of the statement of invention.

According to the new terminology "the patent specification.
Corrected text according to the ACF of Jan. 9. 1959 (1959 77 RO).
According to the new terminology "the patent specification.

Art. 65D. Consultation of the file D. Consultation of the file after the publication of the patent application, any person may consult the file. The federal Council may restrict this right of consultation when manufacturing or business secrets or other overriding interests are opposed.
The federal Council defines the cases in which the record may be consulted before publication of the patent application. It regulates including consultation of patent applications which have been rejected or withdrawn before publication.

New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 65aE. communication-electronic tion with authorities E. Communica - tion electronic with the authorities the federal Council may authorize the IPI to regulate the electronic communications under the General provisions of the Federal procedure.
Records may be kept and kept in electronic form.
The patent register may be kept in electronic form.
IPI can make its data available to third parties, including online; It may require compensation for this service.
IPI publications may be submitted in electronic form; the electronic version does however have faith that if data are published exclusively in electronic form.

Introduced by section 6 of the schedule to the Federal Act of 19 Dec. 2003 on the electronic signature, in force since Jan. 1. 2005 (RO 2004 5085; FF 2001 5423).

Third civil and penal sanctions Chapter 1 common provisions for the protection of civil law and criminal law art. 66 a. Conditions of liability A. Conditions of liability is subject to civil and criminal, prosecution in accordance with the following provisions: a. those who illicitly use the patented invention. Imitation is considered to be a use; b. one who refuses to report to the competent authority the source and quantity of the products manufactured or implemented traffic illicitly which are in his possession and designate the recipients and the amount of products that were distributed to commerciaux.c buyers. one who, without the consent of the proprietor of the patent or of that which is for the benefit of a license, take the sign of the patent affixed on a product or on its packaging; d. who incites to commit one of these acts, which is cooperating in promotes or facilitates enforcement.

New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 67 B reversal of the burden of proof B. reversal of the burden of proof when the invention relates to a method for manufacturing a new product, any product of the same composition will be presumed, until proven otherwise, manufactured according to the patented process.
The al. 1 is applicable by analogy to the case of a manufacturing process of a product known, when the patent holder makes it likely that the patent has been violated.

Art. 68 C safeguard of manufacturing or business secrets C. backup the secret of manufacturing or business secrets of manufacturing or business parties will be saved.
It will be given knowledge to the opposing party of the own to reveal these secrets to the extent compatible with their backup evidence.

Art. 69 D. sale or destruction of products or facilities D. sale or destruction of products or facilities in the event of conviction, the judge may order the confiscation and the realization or the destruction of illicitly manufactured products or instruments, equipment and other means intended primarily for their manufacturing.
The net proceeds of the sale will be used first to pay the fine, then the costs of investigation and court costs, and finally to settle the debt, permanently fixed, opposing in damages and coverage of his trial. the surplus will return to the former owner of the items sold.
Even in case of acquittal or dismissal of the action, he may order the destruction of the instruments, equipment and other means intended primarily to the infringement of the patent.

New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since July 1. 1995 (RO 1995 2606; FF 1994 IV 995).
New content according to chapter I of the Federal Act of 16 Dec. 1994, in force since July 1. 1995 (RO 1995 2606; FF 1994 IV 995).

Art. 70 E. Publication of the judgment E. Publication of the judgment the judge may permit the party which has been successful to publish the judgment at the expense of the other party; he fixed the manner and timing of the publication.
In criminal matters (art. 81 to 82), the publication of the judgment is governed by art. 68 of the penal code.

RS 311.0 new content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 70aF. F. Communication of judgements the courts judgments Communication communicate free IPI enforceable judgements in their entirety.

Introduced by chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 71 g. ban to stagger actions G. ban to stagger stocks who filed one of the actions foreseen in art. 72, 73, 74 or 81 and who, subsequently, based on another patent, again the same person due to the same Act or a similar act, operates bear court fees and costs as a result of the new trial, unless he makes probable that he was not able, without that there was fault on his part asserting the other patent also in the earlier proceedings.

New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Chapter 2 special provisions for the protection of civil law art. 72. Action in cessation of the Act or removal of the State of fact A. Action in cessation of the Act or removal of the State of affairs

Who is threatened or reached in his rights by one of the acts referred to in art. 66 may request the cessation of this Act or the removal of the State of affairs resulting.


Introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) Repealed by no I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 73 B action in damages B. damages Action who either intentionally or by negligence or carelessness, commits any of the acts referred to in art. 66 is required according to the provisions of the code of obligations to repair the damage.

The action for damages may be brought once the patent granted; However, the defendant may be required to repair the damage caused from the moment where he had knowledge of the content of the application patent, but at the latest from the day of publication.


RS 220 Abroge by ch. II 12 of annex 1 to the CPC on Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).
New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
Introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) Repealed by no I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 74 C action in finding C. Action in finding those who can prove an interest may bring an action tending to have established the existence or the absence of a statement of fact or a legal relationship to which this Act attaches effects, including: 1. what a determined patent exists right; 2. that the defendant has committed one of the acts referred to in art. 66; 3. that the plaintiff not committed any of the acts referred to in art. 66; 4. that a particular patent cannot be opposed to the applicant in application of a provision legal; 5. for two patents determined, the conditions laid down by art. 36 for the granting of a license are met or are not; 6. that the applicant is the author of the invention that is the subject of a request of patent or of a patent committed; 7. that a particular patent fell lapse because it violates the prohibition to combine protection.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 75B. standing of D. quality licensees to act from licensees that which has an exclusive license may bring an action to the senses of the art. 72 and 73 regardless of the registration of the licence in the register, provided that the license agreement is not ruling it out explicitly.
Any licensee may intervene in proceedings under art. 73 to assert the damage he suffered.

New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 76 repealed by no II 12 of annex 1 to the CPC on Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 77th. measures interim E. measures interim any person requesting interim measures may in particular require the judge: a. what he orders them to ensure the preservation of evidence, to preserve the State of affairs or to provisionally prevention or cessation of the disorder; b. to order an accurate description: 1 processes which she claims they are applied illegally 2. products which she claims that they are illegally as well as technical means used for this production;

(c) to order the seizure of these objects.

If a party requires a description, it must make it likely the breach or imminent breach of a right which she holds.
If the opposing party invokes the manufacturing or business secrets, the judge takes the necessary steps to save it. He may forbid the requesting party to participate in the establishment of the description.
The description is made, that there was a seizure or not, by a member of the federal Patent Court, who can appeal to an expert if necessary. It is made, if necessary, in collaboration with the competent cantonal authorities.
The opposing party has the opportunity to comment on the description until it is brought to the attention of the applicant.

New content according to Chapter 4 of the annex to the Federal Act of 20 March 2009 on TFB, into force since Jan. 1. 2012 (RO 2010 513, 2011 2241; FF 2008 373).

Art. 78 repealed by no 11 of the annex to the Federal Act of 24 March 2000 on the fors, with effect from Jan 1. 2001 (RO 2000-2355; FF 1999 2591).

Art. 79 and 80 repealed by section II 12 of annex 1 to the CPC on Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).

Chapter 3 special provisions for the protection of criminal law art. 81A. penal provisions / I. A. provisions patent Violation criminal I. infringement of the patent, one who intentionally commits any of the acts referred to in art. 66 is, on complaint of the injured party, punished to a custodial sentence of a year or a monetary penalty.
The right to complain is prescribed by six months from the day which injured him was the author of the offence.
If the author made profession of such acts, the pursuit held of office. The punishment is a custodial sentence of more than five years or a fine. In the case of a custodial sentence, a penalty is also pronounced.

New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
Introduced by chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 81aA. penal provisions / II. False information about the source II. False information about the source one that intentionally provides false information referred to in art. 49A is punished with a fine of 100,000 francs at most.
The judge may order the publication of the judgment.

Introduced by chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 82 A penal provisions / III. Fallacious allusion to the existence of protection III. Hint misleading to the existence of a protection is punished who intentionally, puts into circulation or on sale its papers business, ads of all kinds, products or goods with a mention to make believe, incorrectly, that the products or goods are protected by this Act of the fine.
The judge may order the publication of the judgment.

New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 83 B application of the General provisions of the CP (B) Application of the General provisions of the CP General provisions of the Swiss penal code are applicable as this Act does not provide otherwise.

RS 311.0 art. 84 C for C. For the competent authority for the prosecution and judgment of an offence is that of the place where the author has acted or that of the place where the result has occurred; If locations are taken into account, or if the offence is committed by several co-authors, the competent authority is that of the place where the first statement was opened.
The competent authority to pursue and judge the main author is also competent to continue and judge the instigator and the accomplice.

Art. 85 D. Competence of the cantonal authorities / I. In general d. Competence of the cantonal authorities. In general the pursuit and trial of offences the responsibility of cantonal authorities.
Judgments, pronounced administrative and dismissal orders must be communicated in full shipping to the public prosecutor of the Confederation, immediately and free of charge.

Art. 86 D. Competence of the cantonal authorities / II. Exception of nullity of the patent II. Exception of nullity of the patent if the accused raises the exception of nullity of the patent, the Court may lay down a suitable period to bring the action in nullity, warning him of the consequences of inaction; If the patent has not been examined as to novelty and inventive step and if the judge has doubts as to its validity, or if the accused makes plausible circumstances making it seem the exception of nullity as well-founded, the judge may outsource to the injured party a reasonable period of time for the action to have found that the patent is properly warning him also of the consequences of inaction.
If the action is brought in good time, the criminal proceedings will be suspended until the action has been the subject of a final decision; in the meantime the prescription will be suspended.


New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
Repealed by no 11 of the annex to the Federal Act of 24 March 2000 on the fors, with effect from Jan 1. 2001 (RO 2000-2355; FF 1999 2591).

Chapter 4Intervention of the Administration of customs art. 86 has A. denunciation of goods suspicious A. denunciation of suspicious goods

The Customs Administration shall inform the holder of the patent when there is reason to suspect that the import, export or transit of goods infringing a patent valid in Switzerland are imminent.
In this case, the Customs Administration is empowered to detain the goods for three days to allow the licensee to file an application within the meaning of art. 86b, al. 1 art. 86b B. application B. application for action if the owner of the patent or the licensee with standing has concrete evidence leading to suspicion that the import, export or the impending goods transit infringing a patent valid in Switzerland, he may apply in writing to the Customs Administration to refuse the entry into circulation of these goods.
The applicant provides the Customs Administration all the information available to it and which it needs to rule on the request; He gave her, including a precise description of the goods.
The Customs Administration decides on the request. It can collect a fee to cover administrative costs.

Art. 86 C. Retention of goods C. Retention of the goods if, following a request within the meaning of art. 86b, al. 1, the Customs Administration has reasons for suspecting the import, export or transit of goods infringing a patent valid in Switzerland, it shall inform the applicant, on one hand, and the declarant, holder or owner of the goods, on the other hand.
To enable the applicant to obtain provisional measures, she holds the goods during 10 working days at most as from the time of the information within the meaning of para. 1. If the circumstances warrant, it can detain the goods for a period of 10 working days at most.

Art. 86 D. samples D. samples on request, the Customs Administration is entitled, for the duration of retention of the goods, to deliver or send to the applicant for review samples or let him examine the detained goods on-site.
The applicant bears the costs related to collection and sending of the samples.
Once the samples examined, these must be returned, as far as this is justified. If samples remain with the applicant, they are subject to the provisions of the customs legislation.

Art. 86th E. Protection of manufacturing or business secrets E. Protection of secrets of manufacturing or business at the same time as the communication referred to in art. 86, al. 1, the Customs Administration shall inform the declarant, the holder or the owner of the goods of the possibility, provided for in art. 86, al. 1, to deliver samples to the applicant or to let him examine the detained goods on-site.
The declarant, the holder or the owner of the goods may request to attend the review in order to protect his manufacturing or business secrets.
On a reasoned request of the declarant, the holder or the owner of the goods, the Customs Administration may refuse delivery of samples.

Art. 86F F. application for destruction of goods / I. Procedure F. application for destruction of goods I. Procedure when filing an application within the meaning of art. 86b, al. 1, the applicant may request in writing to the Customs Administration the destruction of the goods.
When a request for destruction is filed, the Customs Administration shall inform the declarant, the holder or the owner of the goods in the context of the information referred to in art. 86, al. 1. demand destruction does not give rise to an extension of the time limits provided for in art. 86, al. 2 and 3, for obtaining interim measures.

Art. 86g F. application for destruction of goods / II. Approval II. Approved the destruction of the goods requires the approval of the declarant, holder or owner.
The approval is deemed to be acquired when the declarant, the possessor or owner of the goods is opposed not expressly to their destruction deadlines prescribed in art. 86, al. 2 and 3.

Art. 86 h F. application for destruction of goods / III. Means of evidence III. Means of evidence before the destruction of the goods, the Customs Administration takes samples and keep them as evidence for possible action for damages.

Art. 86i F. application for destruction of goods / IV. Damages IV. Damages if the destruction of the goods proved unfounded, the applicant responds only damage resulting.
If the declarant, the possessor or owner of the goods gives his approval in writing to their destruction and that it turns later unfounded, the applicant may be required to pay damages.

Art. 86j F. application for destruction of goods / V. costs V. costs the applicant shall bear the costs related to the destruction of the goods.
The question of the costs of the removal and conservation of samples within the meaning of art. 86 h is decided by the judge in assessing damages under art. 86i, al. 1 art. 86 k G. statement of liability and damages G. statement of liability and damages if the retention of goods may cause damage, the Customs Administration may her subordinate to the condition that the applicant provide a statement of responsibility. If the circumstances warrant, it may, instead, require the applicant to provide adequate securities.
The applicant is required to repair the damage caused by the detention of goods and samples if the interim measures have not been ordered or if they have proved to be unfounded.

Fourth title...

Art. 87 to 90 repealed by section I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 91 to 94 repealed by section 10 of the schedule to the Federal Act of 4 October. 1991, with effect from Feb. 15. 1992 (1992 288 RO; 1991 II 461 FF).

Art. 95 repealed by no I of the Federal Act of 17 Dec. 1976, with effect from Jan 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 96 to 101 repealed by section I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 102 and 103 repealed by chapter I of the Federal Act of 17 Dec. 1976, with effect from Jan 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Art. 104 to 106 repealed by section I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 106 introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) Repealed by no I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 107 and 108 repealed by chapter I of the Federal Act of 17 Dec. 1976, with effect from Jan 1. 1978 (RO 1977-1997; FF 1976 II. 1)

Fifth title requests European patent and European patent Chapter 1 law applicable art. 109Champ of the Act; relationship with the convention on the European patent application of the law; relationship with the convention on the European patent this title applies to European patent applications and European patents which have effect in Switzerland.
The other provisions of this Act apply, unless otherwise provided in the convention of 5 October 1973 on the grant of European patents (European patent convention) or this title.
The text of the convention on the European patent, which binds the Switzerland WINS on this Act.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)
RS 0.232.142.2 Chapter 2 effects of the application of European patent and the European patent, changes of the existence of the European patent art. 110 A principle I. effects A. principle I. effects the European patent and the European patent application to which a filing date has been assigned produce the same effects that a patent application submitted to the IPI and a patent issued by this office in Switzerland.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)
New content according to art. 2 FY Dec. 16. 2005 relative to the approval of the Act revising the conv. on the European patent and the mod of the Federal Act on patents, in force since Dec. 13. 2007 (2007 6479 RO; FF 2005 3569).

Art. 110aA. principle i. effects / II. Changes of the existence of the patent II. Changes of the existence of the patent any changes as to the existence of the European patent as a result of a final decision of the European Patent Office has the same effect that a change as a result of a judgment rendered in Switzerland.

Introduced parl'art. 2 FY Dec. 16. 2005 relative to the approval of the Act revising the conv. on the European patent and the mod of the Federal Act on patents, in force since Dec. 13. 2007 (2007 6479 RO; FF 2005 3569).

Art. 111B. temporary protection conferred by the European patent application B. Provisional Protection conferred by the European patent application published European patent application does not give the applicant the protection under art. 64 of the European patent convention.

However, the injured can avail itself, by the action for damages, the damage caused by the defendant from the time where it had knowledge of the content of the European patent application, but at least since the day of publication of the application by the European Patent Office.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)

Art. 112-116 repealed through art. 2 FY Dec. 16. 2005 relative to HQ for approval. on the application of art. 65 of the conv. on the European patent and the amendment of the Federal Act on patents, with effect from May 1, 2008 (RO 2008 1739; FF 2005 3569).

Chapter 3 Administration of European patent art. 117 A Swiss Register of European patents A. Swiss Register of European patents as soon as the grant of the European patent has been mentioned in the European Patent Bulletin, the IPI enrolled him in the Swiss Register of European patents with the information referred to in the European patent register.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)

Art. 118 B publications B. Publications the IPI publishes the inscriptions brought to the Swiss Register of European patents.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)

Art. 119 introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) Repealed by section 4 of the annex to the Federal Act of 24 March 1995 on the status and tasks of the IPI, with effect from Jan 1. 1996 (RO 1995 5050; FF 1994 III 951).

Art. 120 introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) Repealed by section 3 of the annex to the Federal Act of 20 March 2009 on patent attorneys, with effect from July 1. 2011 (2011 2259 RO; FF 2008 327).

Chapter 4 processing of the European patent application art. 121a causes transformation A. Causes of the transformation of the European patent application can be transformed into Swiss patent application: a. in the case provided for in art. 135, al. 1, let. a, of the European Patent Convention; (b) in the event of failure to comply with the time limit under art. 14, al. 2, of the convention on the European patent, when the initial application in Italian; c.......

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)
New content according to art. 2 FY Dec. 16. 2005 relative to the approval of the Act revising the conv. on the European patent and the mod of the Federal Act on patents, in force since Dec. 13. 2007 (2007 6479 RO; FF 2005 3569).
Repealed by section I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).
Repealed by no I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 122 B legal effects B. legal effects if the request for conversion is made in good and due form and given in due time to the IPI, the patent application is deemed to be filed on the date of filing of the European patent application.
Documents accompanying the European patent application or the European patent which were presented at the European Patent Office are deemed have been simultaneously submitted to the IPI.
The rights attached to the European patent application are acquired.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)

Art. 123C. translation translation if the language in which the original text of the European patent application is written is not a Swiss official language, the IPI shall set a time limit to submit a translation in an official Swiss language.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)

Art. 124D. Reserve for the patent convention European D. Reserve for the convention on the European patent subject to art. 137, al. 1, of the convention on the European patent, the provisions in force for Swiss patent applications apply to from patent applications of the transformation.
The claims of a patent application resulting from the conversion of the European patent cannot be written in a way that the protection conferred by the patent is extended.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)

Chapter 5 provisions concerning the protection of civil law and criminal law art. 125 A ban to combine protection / I. rule of patent European A. prohibition to combine protection I. rule of the EPC insofar as, for the same invention, a Swiss patent and a European patent having effect in Switzerland were issued to the same inventor or to his successor in title with the same date of filing or priority , the Swiss patent is more effect from the date on which: a. the time limit for opposition to the European patent is expired; forgotten the source. the opposition proceedings led definitely to the continuance in force of the European patent.

Art. 27 shall apply by analogy.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)

Art. 126 A ban to combine protection / II. Transformation II from patent rule. Rule of the patent from the processing insofar as, for the same invention, a patent from a Swiss or international patent application (art. 131 ss) and a from a converted European patent application patent were granted to the same inventor or to his successor in title with the same date of filing or priority, the cited patent in the first place no longer carry effect from the date on which was issued from patent the converted European patent application.
Art. 27 shall apply by analogy.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)

Art. 127 B rules of procedure / I. Limitation of partial waiver B. rules of procedure I. Limitation of partial waiver request for a disclaimer the European patent is inadmissible as long as opposition to this patent can be formed before the European Patent Office and until a final decision has not been made about the opposition, limitation or revocation.

Introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) New content according to art. 2 FY Dec. 16. 2005 relative to the approval of the Act revising the conv. on the European patent and the mod of the Federal Act on patents, in force since Dec. 13. 2007 (2007 6479 RO; FF 2005 3569).

Art. 128 B rules of procedure / II. Stay of proceedings / a. Civil Procedure II. Stay of proceedings a. Civil Procedure the judge may suspend the proceedings on a European patent and particular defer judgment: a. as long as the European Patent Office has not ruled definitively on the limitation or revocation of the patent; (b) when the validity of the patent is disputed and that one of the parties to the dispute demonstrates that an opposition may still be filed before the European Patent Office or that the opposition is not the subject of a decision final; c. as long as the European Patent Office has not definitively ruled on the petition for review filed under s. 112 Convention on the European patent.

Introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) New content according to art. 2 FY Dec. 16. 2005 relative to the approval of the Act revising the conv. on the European patent and the mod of the Federal Act on patents, in force since Dec. 13. 2007 (2007 6479 RO; FF 2005 3569).

Art. 129 B rules of procedure / II. Stay of proceedings / b. Procedure b. criminal, Procedure criminal if in the case provided for in art. 86, the accused raises the exception of nullity of the European patent, the judge may lay down, as an opposition to this patent can still be formed before the European Patent Office or an intervention in opposition proceedings is still possible, a reasonable period of time for opposition or to intervene in the opposition proceedings.
Art. 86, al. 2, shall apply by analogy.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)

Chapter 6 letters rogatory emanating from the European Office of the patent art. Transmission 130autorite transmission the IPI authority receives the letters rogatory emanating from the European Patent Office and shall forward them to the competent authority.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)

Sixth title applications international patent Chapter 1 law applicable art. 131Champ of the Act; relationship with the Treaty of cooperation scope of the law; relationship with the Treaty of cooperation this title applies to international applications for patent within the meaning of the patent cooperation treaty of 19 June 1970 (cooperation treaty), to which the IPI acts as a receiving office, designated office or elected office.
The other provisions of this Act are applicable, unless the cooperation treaty or the present title is prepared otherwise.

The text of the cooperation treaty which binds the Switzerland WINS on this Act.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997, 1978 550; FF 1976 II. 1)
RS 0.232.141.1 new content according to chapter I of the Federal Act on Feb 3. 1995, in force since 1 sept. 1995 (RO 1995 2879; FF III 666 1993).

Chapter 2: applications filed in Switzerland art. 132 A receiving Office ro the IPI acts as a receiving office within the meaning of art. 2 of the cooperation treaty for international applications originating from Swiss nationals or persons who have their headquarters or their home in Switzerland.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997, 1978 550; FF 1976 II. 1)

Art. 133 B procedure B. Procedure the Treaty of cooperation and, in addition, this Act apply to the procedure before the IPI, acting as receiving office.
Extra taxes prescribed by the cooperation treaty, the international application gives rise to the payment of a tax of transmission seen by the IPI.
Art. 13 is not applicable.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997, 1978 550; FF 1976 II. 1)

Chapter 3 applications designating the Switzerland; Office elected art. 134 A designated Office and elected A. designated Office and elected office office the IPI is designated office and office elected within the meaning of art. 2 of the cooperation treaty for international applications requesting protection of the invention in Switzerland, if they do not have the effect of a European patent application.

Introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) New content according to chapter I of the Federal Act on Feb 3. 1995, in force since 1 sept. 1995 (RO 1995 2879; FF III 666 1993).

Art. 135 B effects of international demand / I. principle B. effect of the international application I. principle if a date of filing has been granted, the international application for which the IPI acts as a designated office, in Switzerland the same effect a request for Swiss patent presented in good and due form to this office.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997, 1978 550; FF 1976 II. 1)

Art. 136 B effects of international demand / II. Right of priority II. Right of priority even if the first application was filed in Switzerland or only for Switzerland, the right of priority according to art. 17 can only be claimed for an international application.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997, 1978 550; FF 1976 II. 1)

Art. 137 B effects of international demand / III. Provisional protection III. Provisional protection art. 111 and 112 of this Act apply by analogy to international applications published according to art. 21 of the cooperation treaty, for which the Institute is designated office.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997, 1978 550; FF 1976 II. 1)

Art. 138C. form Conditions C. formal requirements the applicant must, for IPI, within a period of 30 months from the date of filing or priority: a. indicate in writing the name of the inventor; b. deliver particulars of the source (art. 49A); c. pay the filing fee; d. present a translation in an official Swiss language If the international application is not drawn up in one of these languages.

Introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 139D....

D....

Introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997, 1978 550; FF 1976 II. 1) Repealed by no I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 140. prohibition to combine protection E. ban to combine protection insofar as, for the same invention with the same priority date two patents have been granted to the same inventor or to his successor in title, from national patent ceases to effect when the resulting patent of the international application is issued that the priority of the national application is claimed for the patent from the international application or that the priority of the international application is for the patent from domestic demand.
Art. 27 shall apply by analogy.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997, 1978 550; FF 1976 II. 1)

Title additional Septiemecertificats of protection Chapter 1 additional certificates of protection for drugs art. 140aA. principle A. principle the IPI shall issue, on request, complementary protection (certificates) certificates for active ingredients or compositions of active ingredients of a medication.
In this chapter, refers to products, active ingredients or compositions of active principles.

New content according to chapter I of the Federal Act of 9 October. 1998, in force since May 1, 1999 (RO 1999 1363; FF 1998-1346).

Art. 140b B. Conditions B. Conditions the certificate is issued if, at the time of the request: a. the product as such, a method of manufacture of this product or its use are protected by a patent; (b) the product obtained official authorisation of placing on the market as a medicinal product in Switzerland.

The certificate is issued on the basis of the first authorization.

Art. 140 c C. law v. law the right to the certificate belongs to the owner of the patent.
Only one certificate is issued for each product.
However, if several applications from several different covering the same product hold patents are pending, and if no certificate has yet been issued, each holder may obtain a certificate.

Introduced by chapter I of the Federal Act of 9 October. 1998, in force since May 1, 1999 (RO 1999 1363; FF 1998-1346).
Introduced by chapter I of the Federal Act of 9 October. 1998, in force since May 1, 1999 (RO 1999 1363; FF 1998-1346).

Art. 140d D. object of protection and effects D. object of protection and effects within the scope of the protection conferred by the patent, the certificate protects all the uses of the product as a medicinal product that have been authorized before the expiry of the certificate.
The certificate confers the same rights that the patent and is subject to the same restrictions.

Art. 140th E. term of protection E. term of protection the certificate is valid from the expiration of the maximum term of the patent and for a period corresponding to the time which elapses between the date of filing within the meaning of art. 56 and the date of the first authorization to market the product as a medicinal product in Switzerland, less than five years.
It is valid for up to five years.
The federal Council may stipulate that the authorization in the European economic area (EEA) is the first authorization within the meaning of para. 1, if it is earlier than granted in Switzerland.

Art. 140f F. time limit for the filing of the application F. time limit for the filing of the application the application for a certificate must be filed: a. within a period of six months from the grant of the first authorization to market the product as a medicinal product in Switzerland; (b) within a period of six months from the grant of the patent If it takes place after the first authorisation granted.

If these deadlines are not met, IPI declared the application inadmissible.

Art. 140g (G) issuance of the certificate G. issue of the certificate the IPI issues the certificate by adding it to the registry of patents.

Art. 140 h H. Taxes H. Taxes the certificate gives rise to the payment of a tax deposit and annuities.
Annual fees must be paid in advance and once for the duration of the certificate.


New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
Repealed by no I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 140i I. premature Extinction. suspension I. premature Extinction. suspension certificate turns off when: a. the holder renounces by a written request addressed to the IPI; b. the annual fees are not paid in due time; c. the authorization for placing on the market of the product as a drug is revoked.

When authorization is suspended, the certificate is also. The suspension does not interrupt the duration of the certificate.
The authority that grants permissions communicates to the IPI revocation or suspension of the authorization.

Art. 140 k K. nullity K. invalidity certificate is draw if: a. it has been issued in violation of art. 140b, 140 c, al. 2, 146, al. 1, or 147, al. 1; b. the patent turns off before the expiration of its duration maximum (art. 15); c. the nullity of the patent is found; (d) the patent is limited so that his claims cover the product for which the certificate has been issued; e. after the extinction of the patent, there are grounds which would justify the finding of nullity of the patent within the meaning of the let. c or a restriction within the meaning of the let. d. any person may bring an action in finding in invalidity of the certificate to the competent authority for the recognition of the nullity of the patent.

New content according to chapter I of the Federal Act of 9 October. 1998, in force since May 1, 1999 (RO 1999 1363; FF 1998-1346).

Art. 140l L. Procedure, register, publications


L. Procedure, register, publications the federal Council regulates the procedure for the issue of certificates, their entry in the register of patents as well as the publications of the IPI.
It takes account of the regulation in the European Community.

Art. 140 m M. Droit M. applicable law the provisions of the first, second, third and fifth titles of this Act apply by analogy, insofar as the provisions relating to certificates do provide nothing.

Chapter 2Certificats complementary of protection for plant protection products art. 140n. the IPI shall issue on request, additional protection (certificates) certificates for active ingredients or compositions of active substances of a plant protection product.
The art. 140, art. 2 to 140 m shall apply by analogy.

Title final provisions and transitional art. 141 A enforcement A. enforcement the federal Council takes measures for enforcement of this Act.
It may in particular issue provisions on the institution of examiners and opposition divisions, on the distribution of business between them and the procedure before them, as well as delays and taxes.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
New content according to section 23 of the annex to the Federal Act of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).

Art. 142 b. transition from the old to the new law / I. patents B. transition from the old to the new law I. patents patents that has not yet fallen into forfeiture the day of the entry into force of the amendment on June 22, 2007 of this Act are governed on that date by the new law. The causes of invalidity, however, continue to be governed by the old law.

Introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
Sentence introduced by section 3 of the annex to the Federal Act of 20 March 2009 on patent attorneys, in effect since July 1. 2011 (2011 2259 RO; FF 2008 327).

Art. 143 b. transition from the old to the new law / II. II patent applications. Patent applications patent applications pending the day of the entry into force of the amendment on June 22, 2007 of this Act are governed on that date by the new law.
However, continue to be dealt with by the old law: a. immunity derived from an exhibition; b. patentability, if it depends on conditions more favourable according to the old law.

Introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) New content according to chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 144 introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) Repealed by no I of the Federal Act of June 22, 2007, with effect from July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 145 b. transition from the old to the new law / III. Liability III. Liability the liability is governed by the provisions in force during the performance of the Act.
The art. 75 and 77, al. 5, are applicable to the license agreements concluded or confirmed after the entry into force of the amendment on June 22, 2007, of this Act.

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
Introduced by chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).

Art. 146C. supplementary certificates of protection for plant protection products / I. authorization before the entry into force C. supplementary protection certificates for phytosanitary products I. authorization before the entry into force of a supplementary protection certificate can be issued for any product which, at the time of the entry into force of the amendment of October 9, 1998, of this Act, is protected by a patent and for which the authorisation for placing on the market referred to in art. 140b has been granted after January 1, 1985.
The certificate request must be filed within the six months following the entry into force of the amendment of October 9, 1998, of this Act. If the deadline is not met, IPI declared the application inadmissible.

Introduced by chapter I of the Federal Act on Feb 3. 1995 (RO 1995 2879: FF 1993 III 666). New content according to chapter I of the Federal Act of 9 October. 1998, in force since May 1, 1999 (RO 1999 1363; FF 1998-1346).
1999 1363 RO; FF 1998 1346.

Art. 147C. supplementary certificates of protection for plant protection products / II. Patent expired II. Patents expired certificates are also granted on the basis of patents that have expired at the end of their maximum, between 8 February 1997 and the entry into force of the amendment of October 9, 1998, of this Act.
The term of protection of the certificate is calculated according to art. 140th; its effects begin at the time of the publication of the certificate request.
The application must be filed within two months following the entry into force of the amendment of October 9, 1998, of this Act. If the deadline is not met, IPI declared the application inadmissible.
Art. 48, al. 1, 2 and 4, shall apply by analogy to the period which elapsed between the expiry of the patent and the publication of the application.

Introduced by chapter I of the Federal Act on Feb 3. 1995 (RO 1995 2879: FF 1993 III 666). New content according to chapter I of the Federal Act of 9 October. 1998, in force since May 1, 1999 (RO 1999 1363; FF 1998-1346).
1999 1363 RO; FF 1998 1346.

Art. 148D. transitional provision relating to the amendment of December 16, 2005, of the Patent Act D. transitional provision relating to the amendment of December 16, 2005, of the Patent Act it is not necessary to present a translation of the specification of the patent in accordance with art. 113, al. 1, for patents Europeans who are not published in a Swiss official language if the mention of the grant of the patent or, in the case of the maintenance of the patent as amended, the mention of the opposition decision or, in the case of the limitation of the patent, the mention of the limitation was published in the Bulletin of patents less than three months before the entry into force of the amendment of December 16, 2005 of this Act.
After the entry into force of the amendment of December 16, 2005, of this Act, art. 114 and 116 remain applicable to translations that were given to the respondent in accordance with art. 112, made available to the public through IPI or submitted to the IPI under art. 113. introduced by art. 2 FY Dec. 16. 2005 relative to HQ for approval. on the application of art. 65 of the conv. on the European patent and the mod of the Federal Act on patents, in force since May 1, 2008 (RO 2008 1739; FF 2005 3569).
RO 1977 RO 1977 1997 1997, 1999 1363 RO 1977 1997 RO 1977-1997, 1999 1363 RO 1977-1997, 1995-2879, 2007 6479 Date of entry into force: 1 January 1956 art. 89 al. 2, 90 al. 2 and 3, 91 al. 2 and 3, 96 al. 1 and 3, 101-al. 1, 105 al. 3: 1 October 1959 RO 1955 893 new content according to chapter I of the Federal Act on Feb 3. 1995, in force since 1 sept. 1995 (RO 1995 2879; FF III 666 1993).
[RS 1-3]. In the disp. mentioned are currently the art. 122 and 123 of the Constitution of 18 April 1999 (RS 101).
New content according to section 11 of the annex to the Federal Act of 24 March 2000 on the fors, in force since Jan. 1. 2001 (RO 2000-2355; FF 1999 2591).
FF 1950 I 933 FF 1952 I 1 new content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
Formerly before art. 47. new content according to chapter I of the Federal Act on Feb 3. 1995, in force since 1 sept. 1995 (RO 1995 2879; FF III 666 1993).
Introduced by section 3 of the annex to the Federal Act of 20 March 2009 on patent attorneys, in effect since July 1. 2011 (2011 2259 RO; FF 2008 327).
New content according to Chapter 6 of the annex to the Federal Act of 19 Dec. 2003 on the electronic signature, in force since Jan. 1. 2005 (RO 2004 5085; FF 2001 5423).
Introduced by chapter I of the Federal Act of 22 June 2007, in force since July 1. 2008 (RO 2008 2551; FF 2006 1).
Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)
Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)
Introduced by chapter I of the Federal Act of 17 Dec. 1976, with effect from Jan 1. 1978 (RO 1977-1997; FF 1976 II. 1) New content according to art. 2 FY Dec. 16. 2005 relative to the approval of the Act revising the conv. on the European patent and the mod of the Federal Act on patents, in force since Dec. 13. 2007 (2007 6479 RO; FF 2005 3569).
Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)
Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)
Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)
Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997; FF 1976 II. 1)
Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997, 1978 550; FF 1976 II. 1)

Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997, 1978 550; FF 1976 II. 1)
Introduced by chapter I of the Federal Act of 17 Dec. 1976, in force since June 1, 1978 (RO 1977 1997, 1978 550; FF 1976 II. 1)
Introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977-1997; FF 1976 II. 1) New content according to chapter I of the Federal Act on Feb 3. 1995, in force since 1 sept. 1995 (RO 1995 2879; FF III 666 1993).
Introduced by chapter I of the Federal Act on Feb 3. 1995, in force since 1 sept. 1995 (RO 1995 2879: FF 1993 III 666).
New content according to chapter I of the Federal Act of 9 October. 1998, in force since May 1, 1999 (RO 1999 1363; FF 1998-1346).
Little. introduced by chapter I of the Federal Act of 9 October. 1998, in force since May 1, 1999 (RO 1999 1363; FF 1998-1346).
Introduced by chapter I of the Federal Act of 9 October. 1998, in force since May 1, 1999 (RO 1999 1363; FF 1998-1346).
New content according to chapter I of the Federal Act of 17 Dec. 1976, in force since Jan. 1. 1978 (RO 1977-1997; FF 1976 II. 1)
ACF from 18 oct. 1955 ACF Sept. 8. 1959 (RO 1959 891) State on January 1, 2012

Related Laws

2007 Patent Law
1967 Patent Law