Rs 232.141 Order Of October 19, 1977 Relating To Patents (Ordinance On Patents, Obi)

Original Language Title: RS 232.141 Ordonnance du 19 octobre 1977 relative aux brevets d’invention (Ordonnance sur les brevets, OBI)

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232.141 Ordinance on patents (patents, OBI order) of October 19, 1977 (State on September 1, 2014) the Swiss federal Council, view the art. 35b, 40 d, al. 5, 40th, al. 5, 50A, al. 4, 56, al. 3, 59 c, al. 4, 65, 140l and 141 of the Act of June 25, 1954, on patents (Act), view the art. 13 of the Federal law of March 24, 1995 on the status and tasks of the federal Institute of intellectual (LIPI) stop: title 1 General provisions Chapter 1 relationships with the federal Institute of intellectual property art. 1competence. the federal Institute of intellectual property (IPI) performs administrative duties under the Act.
The Federal Customs Administration is responsible for the execution of the art. 86A to 86 k of the Act and art. 112 to 112f of this order.

New content according to section I of the O from 25 oct. 1995, in force since Jan. 1. 1996 (RO 1995 5164).
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.
Introduced by chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 2 date of direct mail for postal consignments originating in Switzerland, the day of the postal consignment is considered date of presentation. The evidence is made by the date of the sending post office stamp, or the stamp of the receiving post office, if the postal Office shipper fails or is illegible; If the receiving post office stamp also missing or if it is unreadable, the day of receipt of the shipment to the IPF is considered date of presentation. The sender is allowed to prove an earlier recording date.
For postal items coming from abroad, the date considered is first affixed by a Swiss post office; If the stamp is missing or if it is unreadable, this is the day of receipt of the consignment with the Institute which is considered date of presentation. The sender is allowed to prove an earlier date of receipt by a post office Swiss.

New expression according to section I of the O from 25 oct. 1995, in force since Jan. 1. 1996 (RO 1995 5164). It has taken account of this mod. throughout the text art. 3Signature documents must be signed.
When a document is not validly signed, the date on which it was presented is recognized to a document at the same and signed content provided within the period of one month following the injunction of the IPI.
It is not required to sign the request for grant of the patent (art. 24) or certificate (art. 127c). IPI can refer to other documents that are not required to be signed.

New content according to section I of the Dec. 3 O. 2004, in force since Jan. 1. 2005 (RO 2004 5025).

Art. 4 language writings addressed to the IPI must be written in German, french or Italian (official languages).
The official language chosen by the applicant at the time of the deposit is the language in which the proceedings will unfold.
The language initially chosen for the drafting of the technical documents will be maintained. Changes made to these parts in another language are not allowed. This rule applies also to partial renunciation (art. 24 of the law).
When other writings are not presented in the language adopted for the procedure, a translation into that language may be required.
As evidence, documents which are not drafted in an official language, will be taken into account only if they are accompanied by a translation in an official language. The art. 40, al. 2, 45, al. 3, and 75, al. 4, are reserved.
When the translation of a document must be produced and there are doubts about its accuracy, the IPI may require that its accuracy is attested in the time limit for this purpose. It communicates the reason for its doubt. If the certificate is not presented, the document is deemed not to have been produced.
When parts of a split request (art. 57 of the Act), an application for establishment of a new patent (art. 25, 27 and 30 of the Act) or of a patent application claiming a right of priority based on a Swiss first deposit (internal priority, art. 17, al. 1, of the Act) are not written in the official language of the earlier application or the original patent IPI sets to the applicant or the owner of the patent a deadline until the expiry of which it can produce a translation in that language.

New expression according to section I of the O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585). This mod has been taken throughout the text.
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. electronic 4aCommunication the IPI may authorize electronic communication.
It determines the technical terms and publishes them appropriately.

Introduced by chapter I of the O on March 31, 1999, in force since May 1, 1999 (RO 1999 1443).

Art. 4bPreuves doubts based on the accuracy of a writing, the IPI may require that evidence be produced.
It communicates the reason for doubts to the applicant, gives him the opportunity to respond and he sets a deadline to produce the required evidence.

Introduced by chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 5 multiple applicants when several people are co-owners of a patent application, they must designate one of them to whom IPI can send each communication, with effect for all, either appoint a common representative.
As long as either of these conditions is not met, the person named first in the request is known recipient of communications within the meaning of para. 1. If one of the other persons raises an objection, the IPI invites all concerned to act in accordance with para. 1 art. 6impossibilite notification when a formal decision can not be notified to the applicant, the holder or the agent, it is published.

New content according to point 2 of the annex to the O of 8 March 2002 on designs, in effect since July 1. 2002 (RO 2002 1122).

Art. 7 succession in case of death of the applicant, the Office sets the known heirs of him a deadline to settle the estate on the patent application; It may extend that period in an appropriate manner.

Chapter 2 art. 8Relations between the IPI and the agent until the applicant or the patent owner has a representative, IPI sends communications only to the latter.
It accepts communications of an applicant or a patentee represented.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 8aProcuration if the applicant or the owner of the patent is represented in front of IPI or if it must be represented according to the law, the IPI may require a written power of attorney.

Introduced by section I of O from 18 oct. 2006, in force since Jan. 1. 2007 (RO 2006 4483).

Art. 9 repealed by no I of O on May 11, 2011, with effect from July 1. 2011 (2011 2247 RO).

Chapter 3 time art. 10Calcul deadlines shall be calculated according to the Federal Act of 20 December 1968 on administrative procedure.
When a period is expressed in months or years, it ends the day of the last month or last year whose date matches the date from which it began to run. Absence of a corresponding date, the period ends on the last day of the last month.
When a time limit runs from the date of priority and several priorities are claimed, the earlier priority date is decisive.

New content according to section I of the O from 25 oct. 1995, in force since Jan. 1. 1996 (RO 1995 5164).
RS 172.021 new content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 11 time deadlines during the examination process will be set according to the likely volume of work of the applicant. They will be at least two months and five months at most.


Repealed by no I of O on May 21, 2008, with effect from July 1. 2008 (RO 2008 2585).

Art. 12 extension of deadlines deadlines which is stipulated in the Act or in the order may not be extended.
Other times are prolonged, when the person requesting the extension argued sufficient grounds before the expiry of the period.
A period is not suspended by requests for clarification, unless IPI response implies the opposite.


New content according to section I of the Dec. 3 O. 2004, in force since Jan. 1. 2005 (RO 2004 5025).
Repealed by no I of O on May 21, 2008, with effect from July 1. 2008 (RO 2008 2585).

Art. 13 consequences of failure of a failure time period results in the rejection of the request by the IPI, unless the law or the Ordinance provides another consequence.
Any communication which sets a time limit must indicate the consequences of failure to comply with it.
Compliance with a time limit may cause the consequences which have been indicated.

Art. The procedure 14Poursuite


The continuation of the proceedings (art. 46a of the law) is excluded when the following time limits have not been observed: a. delay to remedy the lack of signature (art. 3); b. deadlines to challenge and correct declarations of priority (art. 39, para. 2 and 3, and 39a, para. 2 and 3); c. time to deposit the biological material and enter the reference number (art. 45b and 45 d); d. deadlines in the framework examination on filing and the examination as to form (art. 46 to 52); e. the time to pay tax research (art. 53); f. the deadline for the tax claim (art. 53, para. 1, and 61 a, para. 2); (g) the time limit to request the suspension of the review (art. 62, para. 1 and 3, and 62 a al. (1); h. deadlines to pay transfer tax, the tax research and tax international (art. 121 and 122); i. deadlines for international-type search (art. 126, para. 2); j. the deadline to request a refund of annual fees (art. 127 m, para. 6); k. time to communicate the reason for payment (art. 5, al. 2) (, r of 28 April 1997 on taxes of the IPI, following IPI - RT); l. time to restore coverage of current account (art. 7, para. 3, IPI - RT).

If one of these conditions is not met, the request for continuation of the proceedings is rejected. Before rejecting the request, the IPI shall give an opportunity to the applicant to decide, within a reasonable time, on the proposed rejection.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
SR 232.148 art. 15 reinstatement in the State earlier. form and content of the application the application for reinstatement in the previous state (art. 47 of the law) will contain a statement of the facts on which it is based. Within the required time to submit the request, the omitted Act will be executed. If one of these conditions is not met, the claim for reinstatement will be declared inadmissible.
The reinstatement fee must be paid.

New content according to section I of the Dec. 3 O. 2004, in force since Jan. 1. 2005 (RO 2004 5025).

Art. 16 b. review of the request if the reinstatement fee has not been paid at the time the application was lodged, IPI prescribes the applicant additional time to make the payment.
If the facts in support of the application are not made likely, IPI sets a deadline for the applicant to remedy the default. If the grounds are insufficient, it rejects the request. Before rejecting the request, it shall give an opportunity to the applicant to decide, within a reasonable time, on the proposed rejection.
If the request is accepted, the fee for reinstatement can be returned to the applicant in whole or in part.

New content according to section I of the O from 25 oct. 1995, in force since Jan. 1. 1996 (RO 1995 5164).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Chapter 4 fees art. 17reglement on taxes the amount of taxes imposed under the Act and this order as well as the terms of payment are specified in the IPI - RT.

New content according to chapter I of the O on March 31, 1999, in force since May 1, 1999 (RO 1999 1443).
SR 232.148 art. 17aGenres of taxes to obtain or maintain a patent, the following fees must be paid: a. the filing fee; b. claim tax; (c) the examination fee; d... .e. annuities.



Introduced by section I of O from 25 oct. 1995, in force since Jan. 1. 1996 (RO 1995 5164).
Repealed by section I of the O on August 11, 1999, with effect from Jan 1. 2000 (RO 1999 2629).
Repealed by no I of O on May 21, 2008, with effect from July 1. 2008 (RO 2008 2585).

Art. 18annuites a. due date in general for every patent application and any patent, annuities are payable in advance every year at the beginning of the fourth year following the filing of the application.
Annuities expire the last day of the month in which the filing date was attributed to the patent application.
They are payable no later than the last day of the six months following the due date; a surcharge is seen if the payment is made after the last day of the third month following the due date.

New content according to section I of the O from 25 oct. 1995, in force since Jan. 1. 1996 (RO 1995 5164).
New content according to chapter I of O on May 1, 2013, in force since Jan. 1. 2014 (2013 1305 RO).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 18ab. deadline for split applications and the constitution of new patents for an application resulting from the Division of a patent application, the amount and maturity of the annual fees are based on the date of filing referred to in art. 57 of the Act.
For a patent newly constituted (art. 25, para. 2, 27 or 30 of the Act), the amount and maturity of the annual fees are based on the date of filing of the original patent.
The annual fees due at the date of filing of the split application or the application for the constitution of the new patent will be paid within six months from this date. a surcharge will be perceived when the payment takes place during the last three months.

Introduced by section I of O from 25 oct. 1995, in force since Jan. 1. 1996 (RO 1995 5164).

Art. 18bc. no respected payment time a patent application for which an annuity due has not been paid on time is rejected; a patent for which an annuity due has not been paid on time is removed from the register.
IPI writes off the patent with effect from the expiry date of the annuity unpaid; When the patent is granted after that date, he is struck with effect from the date of its issue. The licensee is advised of radiation.

Introduced by section I of O from 25 oct. 1995, in force since Jan. 1. 1996 (RO 1995 5164).

Art. 18cd. prepayment annual fees may be paid more than two months prior to maturity.
If the IPI scratches a patent, it restores the still unmatured annuity.

Introduced by section I of O from 25 oct. 1995 (RO 1995 5164). New content according to section I of the Dec. 3 O. 2004, in force since Jan. 1. 2005 (RO 2004 5025).

Art. 18. the IPI payment reminder attracts the attention of the applicant or the owner of the patent on the maturity of an annuity and indicates the end of the payment period and the consequences of failure to comply with this deadline. At the request of the applicant or the owner of the patent, the IPF may also tender advice to third parties who conduct regular payments on behalf of the applicant or the owner of the patent. No notice is sent abroad.

Introduced by section I of O from 25 oct. 1995, in force since Jan. 1. 1996 (RO 1995 5164).
New content according to section I of the Dec. 3 O. 2004, in force since Jan. 1. 2005 (RO 2004 5025).

Art. 19 repealed by no I of O Dec. 3. 2004, with effect from Jan 1. 2005 (RO 2004 5025).

Art. 19 introduced by section I of O from 25 oct. 1995 (RO 1995 5164). Repealed by no I of O Dec. 3. 2004, with effect from Jan 1. 2005 (RO 2004 5025).

Art. 20 restitution when a patent application is withdrawn or rejected in its entirety, the IPI renders the following taxes: a. any annuity paid in advance, not yet expired; b... .c. the search fee to the conditions set out in art. 54, al. 4; (d) the examination fee, as long as the IPI has not yet begun the substantive examination.

Repealed by section I of the O on August 11, 1999, with effect from Jan 1. 2000 (RO 1999 2629).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
Introduced by section I of O from 25 oct. 1995, in force since Jan. 1. 1996 (RO 1995 5164).

Demand title 2 Chapter 1 General art. 21pieces required any person who wishes to obtain a patent must file the following documents: a. the request for grant of the patent; (b) the description of the invention; c. at least one claim; d. the drawings referred to in the application; (e) the abstract; f. the mention of inventor; g. where appropriate, the priority document.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 22 error correction the faults of expression or transcription and errors in the application documents may be corrected on request or ex officio; the art. 37 and 52 are reserved.
The correction of the description, claims or drawings is permitted if it is evident that the erroneous part meant point something else.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Chapter 2 request for grant of the patent art. 23Forme the request must be submitted on a form approved by the IPI.

New content according to chapter I of the O on March 31, 1999, in force since May 1, 1999 (RO 1999 1443).

Art. 24 content request must contain the following indications: a. petition for grant of a patent; (b) the title of the invention (art. 26, para. 1); c. the name and first name or business name or trade, domicile or headquarters and address of the applicant; (d) a slip of the pieces presented; e....

The request must also contain:

a. when the applicant has neither home nor headquarters in Switzerland, his home of notification in Switzerland; a. when the applicant was an agent, his name, his address, as well as, where applicable, his home of notification in Switzerland; b. when there are multiple applicants, the designation of the recipient; c. when it comes to a split application, its designation as such as well as the number of the earlier application and the filing date claimed; d. where a priority is claimed , the declaration of priority (art. 39); (e) when immunity derived from an exhibition is alleged, the statement is relative (art. 44).

New content according to section I of the O from 25 oct. 1995, in force since Jan. 1. 1996 (RO 1995 5164).
Repealed by section I of O Dec. 3. 2004, with effect from Jan 1. 2005 (RO 2004 5025).
New content according to section I of the O on May 11, 2011, in effect since July 1. 2011 (2011 2247 RO).
Introduced by section I of O on May 11, 2011, in effect since July 1. 2011 (2011 2247 RO).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Chapter 3-room techniques art. 25. in general the description of the invention, the claims, the drawings and the abstract are the technical parts. The beginning of each of these parts must appear on a new worksheet.
The technical documents shall be filed in triplicate.
They must lend itself to a direct reproduction as well as electronics, in particular by scanning. The leaves should not be folded and must be used only on one side.
They should be released on soft, white, smooth, Matt and durable, format A4 (21 x 29,7 cm) paper.
Text pages must have left a blank margin of at least 2.5 cm; the other margins should be 2 cm.
All sheets shall be numbered in Arabic numerals.
Pages must be typed or printed. Symbols and other signs, chemical formulas, or mathematics can be written by hand or drawn. Line spacing must be at least 1½. The characters must be selected so that the letters are at least 0.21 cm high. The writing must be indelible.
The description, the claims and the abstract may not contain drawings.
The units of measure must be expressed according to the requirements of the order of 23 November 1994 on units; other units of measure can be used for additional guidance. For mathematical and chemical formulae, there is instead of using the symbols in use in the area.
In General, must be used the words, signs and technical symbols commonly accepted in the field in question. The terminology and the signs used in the patent application must be uniform.
Insofar as the IPI accepts the technical parts are given to him by electronic means (art. 4 (a), it may set requirements that differ from those set out in this chapter; He published these appropriately.

New content according to chapter I of the O on March 31, 1999, in force since May 1, 1999 (RO 1999 1443).
RS 941.202 new content according to section II of the Dec. 7 O. in force since Jan. 1, 2012. 2013 (2012 7193 RO).
Introduced by the I of O ch. 3 Dec. 2004, in force since Jan. 1. 2005 (RO 2004 5025).

Art. 26 description description begins with a title that is a technical designation clearly and concisely to the invention. The title does contain any fanciful denomination. The final title is set automatically.

The introduction describes the invention in terms to understand the technical problem and its solution.
The description will include an enumeration of the figures represented in the drawings and indicate briefly the content of each figure.
It must contain at least one example of the invention, unless it is sufficiently exposed in some other way.
Insofar as this is not evident, the description should explain how the object of the invention can be used industrially.
and...

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
Repealed by no I of O on August 12, 1986, with effect from Jan 1. 1987 (1986 1448 RO).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
Repealed by section I of the O on August 12, 1986, with effect from Jan 1. 1987 (1986 1448 RO).

Art. 27Liste of sequences where nucleotide or amino acid sequences are described in the patent application, the description must contain a sequence listing based on the standard prescribed in Annex C of the administrative instructions of the cooperation treaty of 19 June 1970 (PCT) patent.
A sequence listing filed after the filing date doesn't do not form part of the description.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
SR 0.232.141.1 art. 28 designs the useful surface of sheets containing drawings must not exceed 17 x 26, 2 cm, or be framed.
The drawings must be executed in lines and features indelible, uniformly thick and well-defined, without colors or washes; they must lend itself immediately to the publication or electronic reproduction.
The cuts are indicated by hatching which should not impede the reading of the reference signs and guidelines.
The scale of the drawings and graphic implementation must be such as photographic or electronic reproduction allows to distinguish easily the details. If the scale is given on a drawing, it shall be represented graphically; other indications of size are generally not allowed.
Numbers, letters and signs of reference contained in the drawings shall be simple and clear.
Reference signs used in drawings must match those used in the description or claims.
If necessary, the elements of a figure can be represented on several sheets, provided that figure could easily be made up by juxtaposition of these.
The various figures should be clearly separated from each other, but arranged without loss of place. They must be numbered consecutively in Arabic numerals, independently of the numbering of the sheets.
The drawings must not contain text; are only allowed short indications or keywords which make the drawing more understandable and are expressed in the same language as the application.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of the O on March 31, 1999, in force since May 1, 1999 (RO 1999 1443).
New content according to chapter I of O on August 12, 1986, in force since Jan. 1. 1987 (1986 1448 RO).
New content according to chapter I of O on August 12, 1986, in force since Jan. 1. 1987 (1986 1448 RO).

Art. 29 claims claims must indicate the technical features of the invention.
The claims must be drafted in a clear and as concise as possible.
They must be ordered in a systematic, clear and logical.
They should, as a general rule, not contain references to the description or drawings or, in particular, to expressions of the type "as described in part... of the description" or "as illustrated in figure... of the drawings.
Reference signs referring to the technical features of the invention, in drawings, will be rescheduled, in parentheses, in the claims, if understanding is facilitated. They do not have to limit the claims.
The claims must be numbered consecutively in Arabic numerals.

New content according to chapter I of O on August 12, 1986, in force since Jan. 1. 1987 (1986 1448 RO).

Art. 30Revendications independent when the patent application contains several independent claims in the same category or categories (art. 52 of the Act), the technical link expressing the general inventive concept must come out of these same claims.
This condition is met when the patent application contains one of the following independent claims deemed especially: a. in addition to a first claim for a process: a claim for a means of implementation of this process, a claim for the product resulting, and a claim or an application of this method, or use of this product; (b) in addition to a first claim for a product or device : a claim for a process of manufacturing of this product or this device, a claim for a means of implementation of this process and a claim for a use of this product or this dispositif.c. …

New content according to chapter I of O on August 12, 1986, in force since Jan. 1. 1987 (1986 1448 RO).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
Repealed by section I of the O on May 21, 2008, with effect from July 1. 2008 (RO 2008 2585).

Art. Dependent 31Revendications any dependent claim must refer to a preceding claim least and contain the characteristics marking the special form of execution that she intended.

A dependent claim may refer to several previous claims, insofar that it lists them in a clear and comprehensive way.
All the dependent claims must be grouped in a clear way.

New content according to chapter I of O on August 12, 1986, in force since Jan. 1. 1987 (1986 1448 RO).

Art. 31aTaxe to claim the first ten claims contained in a patent application are exempt from taxes; a claim fee is due for each additional claim.

Introduced by chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 32 form and content of the abstract the abstract contains technical information to assess if there is place to consult the issue of the application or the patent specification.
The abstract should include a summary of what is exposed and indicate the main uses of the invention.
When technical parts contain chemical formulas specific to characterize the invention, one of these last should at least be included in the abstract; its symbols will be explained.
When the technical parts have designs specific to characterize the invention, one of those at least is designated to be included in the abstract; the most important of this drawing reference signs appear in the abstract.
Any figure selected must lend itself to electronic or photographic reproduction to distinguish details even in the event of reduction.
The abstract will contain not more than one hundred fifty words.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of O on August 12, 1986, in force since Jan. 1. 1987 (1986 1448 RO).
New content according to chapter I of O on August 12, 1986, in force since Jan. 1. 1987 (1986 1448 RO).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of the O on March 31, 1999, in force since May 1, 1999 (RO 1999 1443).

Art. 33 final abstract the definitive content of the abstract is stopped automatically.


Repealed by no I of O on August 12, 1986, with effect from Jan 1. 1987 (1986 1448 RO).

Chapter 4 the mention of the inventor art. 34Forme the mention of the inventor is made in a document separate indicating its name and first name as well as its address.
It is not necessary when the information referred to in para. 1 are already included in the query.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 35 time limit if the mention of the inventor was not produced as part of the query, it can still be within a time limit of 16 months from the filing date or the priority date.
IPI prescribes to the applicant requesting a split (art. 57 of the law) a period of two months to produce the mention of the inventor, when the period prescribed in the al. 1 does not expire later.
If the mention of the inventor is not produced in time, IPI reject the patent application.

Art. 36 repealed by no I of O on August 12, 1986, with effect from Jan 1. 1987 (1986 1448 RO).

Art. 37 correction the applicant or the owner of the patent may request the correction of the mention of the inventor. This request will be attached to the declaration of consent of the person named as inventor.
If the person named as inventor is already in the publications of the IPI or is already entered in the register of patents, the correction is also entered in the register and published.
Once produced, the mention of the inventor is not rendered.

New content according to section I of the O from 18 oct. 2006, in force since Jan. 1. 2007 (RO 2006 4483).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 38 waiver to be mentioned the waiver of the inventor to be mentioned in the patent register and in the publications of the IPI is taken into consideration if the applicant presents to IPI a declaration of renunciation of the inventor at the latest within sixteen months from the date of filing or priority.
The waiver must contain the reference number of the patent application, be dated and with the signature of the inventor.
When the declaration of waiver is written in an official language or in English, a translation into one of these languages must be attached.
The declaration of waiver that meets the requirements as well as the mention of the inventor are classified separately; the existence of these titles is mentioned in the record.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
Introduced by chapter I of O on August 12, 1986, in force since Jan. 1. 1987 (1986 1448 RO).

Chapter 5: priority and immunity derived from an exhibition Section 1 priority art. Priority 39declaration priority statement contains the following information: a. the first filing date; (b) the country in which or for which the deposit was made; c. the number of deposit.

The declaration of priority is filed with the request for grant of the patent. It must be no later than sixteen months after the earliest priority date which has been claimed. Failure to comply with this deadline results in the extinction of the right of priority.
The applicant can correct the declaration of priority within 16 months from the earliest priority date which has been claimed or, where the correction results in a change of this date, within sixteen months from the date of earliest priority if corrected this period expires before; the correction may be filed at the latest at the end of the fourth month of the date of deposit.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 39adeclaration of priority if priority internal for the declaration of priority, simply indicate the reference number of the first filing in the request for grant of the patent.
The declaration of priority must be filed no later than sixteen months after the earliest priority date which has been claimed. Failure to comply with this deadline results in the extinction of the right of priority.
Art. 39, al. 3, shall apply.

Introduced by chapter I of O of 17 May 1995 (RO 1995 3660). New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 40 priority document the priority document includes: a. a copy of the technical parts of the first deposit, including compliance with original parts is attested by the authority with which took place this first deposit; (b) the certificate of that authority on the date of the first deposit.

If the document is written in an official language or in English, a translation will be filed in one of these languages.
If the priority document must be used for several applications, just present it for a patent application and to refer in time for others. The reference to the priority document has the same effects as the production of it.
The priority document shall be produced within the time limit of 16 months from the priority date. If the deadline is not met, the priority right shall expire.
The certification referred to in para. 1, let. a, is not necessary when the first application was filed or has produced its effects in one of the countries that grants reciprocity to the Switzerland; the right of the IPI to request the certificate for the purposes of the substantive examination is reserved.
It is not necessary to produce a priority document and, if necessary, a translation in an official language within the meaning of the al. 1 and 2 If the IPI has access to these documents in an electronic database that it accepts for this purpose.
When the patent application claiming internal priority, the indication of the number of the first patent application has the same effect as the production of the priority document.

New content according to chapter I of O of 17 May 1995, in force since 1 sept. 1995 (RO 1995 3660).
Introduced by chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
Introduced by chapter I of O of 17 May 1995, in force since 1 sept. 1995 (RO 1995 3660).

Art. 41 pieces of priority further if it is apparent from the priority document filed on which is based the claimed priority is that partially a first deposit within the meaning of the Paris Convention of March 20, 1883, for the protection of industrial property, the IPI may require delivery of parts of deposits earlier, needed to elucidate the facts.

SR 0.232.01/.04 art. 42 priority multiple when several inventions have been separately the subject of applications for protection and they are grouped in Switzerland in a single patent application, it can be given to the conditions provided for in art. 17 of the Act, as many statements of priority that there deposits.
The al. 1 also applies where domestic priority is claimed.

Introduced by chapter I of O of 17 May 1995, in force since 1 sept. 1995 (RO 1995 3660).

Art. 43 priority in case of split applications


In the event of separation of the application (article 57 of the law), the priority validly claimed for the earlier application also applies to a split request, provided that the applicant does not renounce the right of priority. Art. 57, al. 2, of the Act is reserved.
When multiple priorities have been claimed (article 42), the applicant must specify those that relate to the split request.
IPI sets the applicant a deadline of two months to produce the priority document (art. 40), when the period provided for in art. 40, al. 4, does not expire later.
The al. 1 and 2 apply also where domestic priority is claimed.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of O of 17 May 1995, in force since 1 sept. 1995 (RO 1995 3660).
Introduced by chapter I of O of 17 May 1995, in force since 1 sept. 1995 (RO 1995 3660).

Art. 43aDocument priority for the first deposit in Switzerland the IPI established a priority for the first Swiss deposit document on request. Determine the technical documents originally filed (art. 46 d).
It establishes a priority document as soon as possible to count when the filing date is assigned permanently and is more likely to be changed under art. 46C, al. 2 and 5.

Introduced by section I of O from 25 oct. 1995 (RO 1995 5164). New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Section 2 immunity derived from an exhibition of art. 44 declaration of immunity derived from an exhibition the declaration concerning immunity derived from an exhibition (art. 7B, let. b of the Act) includes the following: a. the exact designation of the exhibition; b. a declaration for the effective presentation of the invention.

It must be filed with the request for grant of a patent, failing which the immunity derived from the exhibition turns off.
Art. 43, al. 1 and 2, shall apply by analogy to split requests.

Art. 45 pieces required documents relating to immunity derived from an exhibition must be given within four months of the filing date.
These parts must have been issued during the exhibition by the competent authority and contain the following information: a. a statement that the invention has actually been exposed; b. the opening day of the exhibition; (c) the date of the first disclosure of the invention, if it does not coincide with the opening day; d. one-piece, authenticated by the above-mentioned authority, used to identify the invention.

If these parts are written in an official language or in English, a translation into one of these languages must be filed.
Art. 43, al. 3, shall apply by analogy to split requests.

Chapter 6Indications of the source of genetic resources and TK art. 45 description of the invention referred to the source of genetic resources and traditional knowledge in the sense of art. 49a of the law.
A source within the meaning of para. 1 includes: a. the country provider of genetic resources within the meaning of art. 2 and 15 of the Convention of 5 June 1992 on biological diversity; (b) the multilateral system within the meaning of art. 10, al. 2, of the international treaty of November 3, 2001 on plant genetic resources for food and agriculture; c. the indigenous and local communities within the meaning of art. 8, let. j, of the agreement of 5 June 1992 on biological diversity; (d) the country of origin of genetic resources within the meaning of art. 2 of the agreement of 5 June 1992 on biological diversity; e. sources ex-situ such as genebanks or botanical gardens; d. the scientific literature.

RS 0.451.43 RS 0.910.6 Chapter 7depot of biological material art. 45b deposit when an invention is on the biological material or that it involves manufacturing or use of biological material not available to the public and when it cannot be described to allow a professional man to run it, it is considered exposed according to the provisions of art. 50 and 50A of the Act that: a. If a sample of the biological material was deposited with a deposit institution recognized at the date of filing or, if priority is claimed, at the priority date; (b) if the description contains, on the filing date, the information available to the applicant on the characteristics of the biological material; etc. If the patent application has, at the date of filing, the indication of the filing institution and the reference number of the deposited biological material.

Art. 45 c recognised Depository Institutions are recognized as deposit taking institutions international deposit institutions that have acquired this status in accordance with art. 7 of the Budapest Treaty of 28 April 1977 on the international recognition of the deposit of microorganisms for the purposes of the procedure (the Budapest Treaty) patent.
IPI can recognize others as depository institutions provided that they guarantee a conservation and a delivery of the samples conform to this order, that they have scientific recognition and be independent of the applicant and of the applicant on the legal, economic and organizational plans.
It maintains a list of the recognised depository institutions.

SR 0.232.145.1 art. 45 d discount of the reference number of the deposit when it is possible to establish the relationship between the patent application and the deposited biological material, the applicant may give the reference number of the deposit within sixteen months from the date of filing or, if priority has been claimed, from the priority date.
Reference number discount expires no later than one month after the applicant has provided that there is a right of consultation of the file or that he requested the publication of the patent application.

Art. 45th availability of deposited biological material A from the date of filing and during the duration of the retention referred to in art. 45 h, the applicant makes, so unconditional and irrevocable, the biological material deposited at the disposal of the deposit institution for purposes of sampling (art. 45f).
The applicant agrees to make a new deposit or to appoint a third party to this effect if necessary under art. 45I. when the deposit is made by a third party, the applicant must produce supporting documents attesting that the applicant has made the deposited biological material available in accordance with the al. 1 and 2.

Art. 45f access to the biological material the deposit institution makes the biological material filed by any person who in fact the request by the delivery of a sample.
Access to the biological material must be required with the IPI. This passes a copy of the request to the institution deposit and the applicant or the owner of the patent as well as to the applicant when the deposit has been made by a third party.
Before the publication of the issue of the application (art. 60), are allowed to obtain samples: a. the applicant; b. any person able to prove that the applicant gave her grievance to violate his rights under the patent application or put cautioned against such a violation; c. any person able to prove that it is for the benefit of authorisation from the applicant.

Samples are made available to anyone who requests from the publication of the issue of the application. Until the grant of the patent for which the deposited biological material has been made available in accordance with art. 45th, access to said material is limited, on request of the applicant, to the delivery of a sample to an independent expert appointed by the applicant.
In case of rejection or withdrawal of the application for which the deposited biological material has been made available in accordance with art. 45th, access to said material set out in paras. 3 and 4 is limited, on request of the applicant and for 20 years from the filing date of the patent application, on delivery of a sample to an independent expert appointed by the applicant.
The applicant presents the queries referred to in paras. 4 and 5 to the IPI to the later 17 months after the date of filing or priority.
May be nominated as an expert any person: a. recognized as such by the IPI; (b) on which the applicant and the applicant agreed.

Art. 45g Declaration of commitment for access to samples, the applicant must make a commitment, to the applicant or to the holder of the patent, and, when the deposit has been made by a third party, to the applicant, during the term of validity of any exclusive right in respect to the deposited biological material, do not put samples of deposited biological material or material that in would be derived at the disposal of third parties and to use it only for purposes experimental.
The applicant or the holder of the patent, and, when the deposit has been made by a third party, the applicant may require the applicant to take this commitment.
If a sample is given to an independent expert, it is required to make a declaration whereby he assumes the commitment referred to in para. 1. with respect to the expert, the applicant is considered a third party within the meaning of para. 1.

The applicant is not required to make a commitment not to use the biological material for experimental purposes if it is used for operation as a result of a compulsory license.

Art. 45: shelf life the deposited biological material is kept for five years from the receipt of the most recent request in the back of a sample, but in any case at least five years beyond the expiry of the term of legal protection of all exclusive rights relating to the deposited biological material.

Art. 45I new deposit of biological material so deposited biological material ceases to be available from the institution of deposit, it is lawful to proceed, at the request of the latter, to a new deposit under conditions identical to those laid down in the Budapest Treaty.
The biological material must be filed within three months from the request of the institution of deposit.
For any new deposit, the depositor must certify in a statement with his signature that the biological material which is the subject of the new deposit is the same as that originally deposited.
The new deposit is treated as if it had been made on the date of the original deposit.

SR 0.232.145.1 art. 45J deposit according to the Budapest Treaty in case of deposit according to the Budapest Treaty, the declaration of provision, the declaration of commitment, and shelf life are governed exclusively by this Treaty and the regulations of April 28, 1977, of the Budapest Treaty on the international recognition of the deposit of microorganisms for the purposes of patent procedure.

RS 0.232.145.1 RS 0.232.145.11 title 3 the patent application review Chapter 1Examen upon the filing and examination as to form art. 46 date of filing is deemed date of filing the date on which documents filed by the applicant contain: a. an indication reflecting the will to request the grant of a patent; b. information to identify the applicant or to attach it, etc. a description of the invention or a reference to an earlier patent application.

The communication containing the indication referred to in para. 1, let. a, and the information referred to in para. 1, let. b, should be written in an official language or in English. The description of the invention referred to in para. 1, let. c, may be drafted in another language.
The reference to an earlier application referred to in para. 1, let. c, shall: a. specify the reference number and the date of filing of the earlier application as well as the office with which it was filed; (b) be drafted in an official language or in English; c. indicate that it replaces the description of the invention and any drawings.

When the documents filed contain a reference to an earlier patent application, a copy of the request must be filed, as well as a translation in an official language in cases where it is not drafted in an official language. Art. 50, al. 4, is reserved. It is not necessary to produce a copy of the earlier application and, where appropriate, a translation in an official language if the IPI has access to them in an electronic database that it accepts for that purpose or if the earlier application has been filed with IPI in an official language.

Art. 46 has review at the time of filing if it is apparent from the examination of the exhibits that they do not fulfill the minimum conditions set out in art. 46, al. 1, let. a and c, as appropriate in relation to art. 46, al. 3, IPI does not consider them as a request.
If the exhibits do not meet other conditions set out in art. 46, the IPI shall notify the defects to the applicant if you have information to contact him. The applicant may remedy the defects within three months as of the filing of the pleadings. If the parts have been filed in several parts, the period runs from the time when the first part was filed.
When the conditions set out in art. 46 are not met after the expiry of the period provided for in para. 2, IPI does not consider the exhibits filed as a request. It notifies to the applicant indicating the reasons and him returns filed as long as you have the information to join.

Art. 46b certificate of deposit after the filing date set, the IPI shall issue a certificate of filing to the applicant.
When the filing date referred to in art. 46C, al. 2 and 5, is modified later, the IPI shall notify the applicant.

Art. missing parts of the description or missing drawings 46C the applicant may put the missing parts of the description or missing drawings within three months as of the filing of the pleadings. If the parts have been filed in several parts, the period runs from the time when the first part was filed.
Is deemed date of filing the date which were filed missing parts of the description or missing drawings insofar as it does not follow a later date under art. 46, al. 1. the applicant may, as an exception to the al. 2, require that attributed to the patent application filing date is the date referred to in art. 46, al. 1: a. If the missing part of the description or missing drawings appeared in full in the earlier application the priority of which is claimed; (b) if the documents filed contain a reference to the earlier application; etc. If the reference is written in an official language or in English and indicates that the content of the earlier application is an integral part of the application.

The applicant must present the request referred to in para. 3 within the period specified in para. 1 and specify where in the earlier application to find the missing parts of the description or missing drawings. It must also produce, within the period specified in para. 1, a copy of the earlier application, and a translation in an official language if it is not drafted in an official language. It is not necessary to produce a copy of the earlier application and, where appropriate, a translation in an official language if the IPI has access to them in an electronic database that it accepts for that purpose or if the earlier application has been filed with IPI in an official language.
The applicant may request within a period of one month after the IPI has issued the certificate of deposit (art. 46 (b) that the missing parts of the description or missing drawings that he deposited in accordance with para. 2 are considered non-existing to maintain the filing date.

Art. 46 d technical documents initially filed technical exhibits filed at the filing date or that returns the patent application are considered to be technical documents initially filed.

Art. 46th split request when a split request is in accordance with art. 57, al. 1, let. has and b of the Act, the IPI admits the filing date claimed is still properly as long as the substantive examination does not lead to a different conclusion.

Art. 47 formal examination at the same time to the examination of the conditions for the award of the filing date, the IPI verifies: a. If an address for service in Switzerland must be indicated (art. 48); b. If a request for grant of a patent, if at least a claim and an abstract are filed and if they meet the requirements (art. 48 a-48 c); c. If the mention of the inventor is filed (art. 48); d. If the filing fee was paid (art. 49); e. If technical parts meet the requirements which do not concern their contents (art. 50).

New content according to section I of the O on May 11, 2011, in effect since July 1. 2011 (2011 2247 RO).

Art. 48Domicile notification in Switzerland when the applicant not domiciled or without seat in Switzerland did not home notification in Switzerland (art. 13 of the law), the IPI invites him to do so or to indicate the name of an agent with a notification in Switzerland domicile (art. 48, para. 2, of the Act) within a period of three months of the filing of the pleadings.
If the parts have been filed in several parts, the period provided for in para. 1 runs from the time when the first part was filed.

New content according to section I of the O on May 11, 2011, in effect since July 1. 2011 (2011 2247 RO).

Art. 48 a request for grant of a patent when the form provided for this purpose (art. 23) has not been used for the request for grant of the patent or the application does not meet the requirements (art. 24), the IPI invites the applicant to remedy the defects within the period specified in para. 2, if you have information to contact him.
The applicant may remedy the defects within three months as of the filing of the pleadings. If the parts have been filed in several parts, the period runs from the time when the first part was filed.

Art. 48b claims when the applicant has not filed claims and the patent application contains no reference to an earlier application to the senses of the art. 46, al. 3, indicating that it replaces also claims, the IPI urged it to drop one or several claims within the period specified in para. 2, if you have information to contact him.

The applicant may file one or more claims in the three months of the filing of the pleadings. If the parts have been filed in several parts, the period runs from the time when the first part was filed.

Art. 48 c abstract when the applicant has not filed abstract, IPI invites him to do so within the period specified in para. 2, if you have information to contact him.
The applicant may file the abstract in the three months of the filing of the pleadings. If the parts have been filed in several parts, the period runs from the time when the first part was filed.
If the period referred to in para. 2 is not observed and if the patent application is not rejected for another reason, IPI wrote an abstract against compensation for expenses.
It stops automatically the content of the abstract for the purpose of publishing the patent application.

Art. 48 Mention of the inventor where the applicant did not mention of inventor, IPI invites him to produce the mention of the inventor in the time limit applicable under art. 35 art. 49 application fee when the applicant has not paid the filing fee, the IPI invites him to do so within the period specified in para. 2, if you have information to contact him.
The applicant can pay the filing fee within three months as of the filing of the pleadings. If the parts have been filed in several parts, the period runs from the time when the first part was filed.

Art. 50 defects of technical parts in the consideration of the technical parts, IPI checks: a. If the necessary translations have been produced (art. 4); (b) if the number of copies prescribed were filed (art. 25, al. 2); c. If the required presentation has been respected (art. 25, para. 1 and 3 to 7, and 28, para. 1 and 2).

When the technical parts do not meet the requirements, the IPI invites the applicant to remedy the defects within the period specified in para. 3, if you have information to contact him.
The applicant may remedy the defects within three months as of the filing of the pleadings. If the parts have been filed in several parts, the period runs from the time when the first part was filed.
When a first Swiss deposit technical parts are written in English, but they also meet the requirements, the IPI may set a time limit of 16 months from the filing date or priority for the filing of a translation in an official language.

Art. 51 amendments to the technical documents once assigned filing date, only changes can still be made to the technical parts to the beginning of the substantive examination are those required by the IPI or those in which the requester is authorized under this order.
The applicant may change once the claims on its own initiative within sixteen months from the date of filing or priority. For this purpose, it must file, within this period, a corrected version of the amended claims.
IPI sends the applicant changes of the technical documents submitted by derogation to the al. 1 and 2.

Art. 52 review of other parts the IPI invites the applicant to correct the defects to which it is possible to remedy present declarations of priority or priority given timely documents and, if necessary, to produce the translation of the priority document (art. 40, para. 2) and parts of an earlier application (article 41). If the applicant does not comply with the request, the priority right turns off.
The al. 1 apply by analogy to the statement and the documents concerning immunity derived from an exhibition (arts. 44 and 45).

Chapter 2Report on the State of the art Section 1 at the request of the applicant art. 53 request and payment of the search fee against payment of the search fee, the applicant may request, within 14 months from the filing date or, if he claimed a priority, the date of priority, the IPI to establish a report on the State of the art. Failure to comply with this deadline results in the extinction of his right.
If the search fee has not been paid at the time when the request was made, the applicant must pay within two months of the invitation of the IPI or within 14 months from the date of filing or of priority if this period expires before. The request is deemed to be submitted only when the search fee has been paid.

Art. 53 payment of the claims fees if the technical documents contain more than ten claims, the applicant must pay taxes to claim for supernumerary claims (art. 31 (a) within two months of the invitation of the IPI or within 14 months from the filing date or priority if this period expires before.
In case of non-payment or partial payment, IPI does not consider, for research, the supernumerary claims from the last. It shall prepare the report on the State of the art on the basis of the remaining claims.

Art. 54 basis of the report on the State of the art the IPI prepared the report on the State of the art based on technical, modified parts applicable under arts. 46 to 50. Art. 53, art. 2, is reserved.
On request, IPI may agree to prepare the report on the basis of technical documents written in English, provided that they meet the other requirements set out in art. 46 to 50. It communicates with the applicant in the official language chosen by the latter.
When a priority is claimed or corrected after the presentation of the request referred to in art. 53, it is not taken into consideration for the research on the State of the art.
The IPI shall prepare the report on the State of the art provided that the patent application has been withdrawn or rejected at the time of the presentation of the request referred to in art. 53 if the patent application is withdrawn or rejected later IPI has yet to begin research, it does not report and renders the search fee.

Art. 54 a sequence listing if the invention which must be the subject of the research is for sequences of nucleotides or amino acid, IPI may require the applicant to provide electronic form a list of sequences based on the standard in Annex C to the PCT administrative instructions.

SR 0.232.141.1 art. 55 content of the report on the State of the technical report on the State of the art lists the documents that IPI was able to determine at the end of his research at the time of the report and that can help to assess whether the invention in the patent application is new and if it is not in an obvious way of the State of the art.
The documents are listed in connection with the claims to which they relate. If necessary, IPI highlights the critical parts of each document.
The report on the State of the art made the distinction between: a. documents that were published before the claimed priority date; b. the documents that have been published between the priority date and the filing date; (c) documents that were published after the filing date.

The report is written in the language of the proceedings.
It indicates the classification code of the invention in the patent application according to the International Patent Classification established by the Strasbourg agreement of March 24, 1971.

SR 0.232.143.1 art. 56 research incomplete on the State of the art when he feels that he is not able to carry out a meaningful search into the State of the art on the basis of the claimed subject matter considered entirely or in part, the IPF the set in a reasoned statement or establishes, insofar as possible, a partial report on the State of the art. The declaration or the partial report are published instead of the report on the State of the art.

Art. 57 lack of unity where he considers that the patent application does not meet the requirements of unity of invention, the IPI shall prepare a report on the State of the art to parts of the patent application which relate to the invention or the plurality of inventions within the meaning of art. 52, al. 2, of the Act referred to in the first place in the claims.
He informed the applicant that he must pay, within the time limit, a fee for each additional invention research if it wishes that the search report covers one or more additional inventions. The deadline set by the IPI goes two weeks at least six weeks.
The report is prepared in the parts of the application which relate to inventions for which the applicant has paid search fees.

Art. 58 transmission of the report on the State of the art once the report on the State of the established art, IPI transmits without delay to the applicant with a copy of all documents listed in the report.

Section 2 at the request of a third art. 59 request and payment of the search fee if no report on the State of the art within the meaning of the art. 53 to 58, nor any research international-type within the meaning of art. 126 and 127 have been required, any person entitled to require the consultation of the file under art. 90 may request the Institute to prepare a report on the State of the art on payment of a tax.

The request is deemed submitted when the search fee has been paid.

Art. 59 in basis of the report on the State of the art report on the State of the art is established: a. before the publication of the issue of the application, on the basis of the technical parts, modified as appropriate under arts. 46 to 50, or of the technical documents written in English in accordance with art. 54, al. 2; (b) after the publication of the issue of the application and to the grant of the patent, on the basis of the published technical documents; where applicable, the claims amended under art. 51, al. 2, are decisive; c. after the grant of the patent on the basis of the published patent, possibly limited as a result of an opposition procedure, a procedure of partial waiver or civil procedure.

If a priority is claimed or corrected after the submission of an application under art. 59, it is not taken into consideration for the research on the State of the art.

Art. 59b content of the report on the State of the art content of the report on the State of the art is governed by art. 55. the art. 56 and 57 shall apply by analogy.

Art. 59 c submission of the report on the State of the art once the report on the State of the established art, IPI forward it without delay to the applicant together with a copy of all documents listed in the report.
It makes a copy of the report to the file and shall inform the applicant or the owner of the patent.
The report is not published.

Chapter 3Publication of the patent application art. 60 object and form the patent application is published in the form of a booklet. This contains: a. the indications of the request (art. 24) which will be recorded in the patent register (art. 60, al. 1, of the Act), the description, claims and drawings, amended if necessary pursuant to arts. 46 to 50 and 52; b. the abstract; c. the classification; (d) where applicable, the report on the State of the art (arts. 53 to 58) or the international-type search (arts. 126 and 127).

If the applicant has filed claims amended under art. 51, al. 2, these are published in addition to the claims referred to in para. 1, let. a. If the preparation of a report on the State of the art or international-type search has been requested, and if the report or research are not available at the end of the technical preparations for the publication, report or research are published separately.
The publication is done exclusively in electronic form.

New content according to section I of the O on May 11, 2011, in effect since July 1. 2011 (2011 2247 RO).

Art. 60. a language issue of demand is published in an official language.
When the report on the international-type search (arts. 126 and 127) in English, it is published in that language.

Art. 60 early Publication b the applicant may require the early publication if the filing date has been assigned, and if the patent application satisfies the requirements provided for by this order.

Art. 60 c no publication the Institute does not publish the specification demand: a. when the patent application was withdrawn or rejected definitively by 17 months after the date of filing or priority; b. when the applicant required the substantive examination according to the accelerated procedure and that the patent specification is published before the issue of the application (art. 58A of the law); c. when it comes to an international application or an application of patent which is the result of an international application, oud. When the patent application is the result of the conversion of a European patent or a European patent application and the European patent application or the European patent are already published.

Art. 61 repealed by no I of O on May 21, 2008, with effect from July 1. 2008 (RO 2008 2585).

Chapter 4 review the substance of Section 1 provisions general art. review 61aTaxe and claims fees before the start of the review on the merits, the applicant must, at the invitation of the IPI, pay the examination fee within the time limit.
If the technical documents contain more than ten claims, and if the applicant has not paid the claims for the supernumerary claims (art. 31 (a) fees or not the has paid only in part (art. 53, he must pay the claim fees due within two months of the invitation of the IPI.
In case of non-payment or partial payment, the supernumerary claims are barred from the last.

Introduced by section I of O from 25 oct. 1995 (RO 1995 5164). New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 62Suspension of the substantive examination as long as the substantive examination is not completed, the applicant may request that it be suspended if it establishes: a. that he filed for the same invention, in addition to his Swiss patent application, a European patent application designating Switzerland; ETB. that applications have the same filing or priority date.

The substantive examination is suspended at least until the moment where: a. the is either rejected or withdrawn definitively, European patent application is deemed to be withdrawn for the Switzerland; b. the period of opposition against the European patent has expired without being used. OUC. a decision on the opposition against the European patent has become enforceable.

The applicant may request the suspension as long as the substantive examination is not completed if it establishes: a. He presented for the same invention, in addition to the Swiss patent application, an international application; ETB. that applications have the same filing or priority date.

The substantive examination is suspended at least until the moment where: a. the international application is withdrawn or rejected definitively for the Switzerland; b. the opposition period against the international demand from patent has expired without having been used; c. a decision on opposition against the patent from the international application has become enforceable; Oud. in the case of a patent application European outcome of an international application, the time limit provided for in rule 159 of the regulations of 7 December 2006 of the Convention on the European patent has expired.

The queries referred to in paras. 1 to 4 have no suspensive effect on the deadlines already set.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
SR 0.232.142.21 art. 62aSuspension of the review on the merits in the case of the priority claim internal when a patent application is the basis for the claim of an internal priority and that the examination procedure inside is not complete, the applicant may request examination at the bottom be suspended until the grant of the patent from the subsequent application.
If the subsequent patent application is rejected or withdrawn permanently, the examination inside resumes.
The queries referred to in para 1 have no suspensive effect on the deadlines already set.

Introduced by chapter I of O of 17 May 1995 (RO 1995 3660). New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. Accelerated 63procedure the applicant may request that the examination at the bottom be undertaken under an expedited procedure. Until the expiry of 18 months from the date of filing or priority, this request may be made if technical parts meets the requirements set out in art. 46 to 52.
The claim is deemed made when the tax charged to that effect by the IPI has been paid.

New content according to chapter I of O on August 12, 1986, in force since Jan. 1. 1987 (1986 1448 RO).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to section I of the Dec. 3 O. 2004, in force since Jan. 1. 2005 (RO 2004 5025).

Art. 64Modification of technical parts at the beginning of the review on the merits, the applicant can modify the technical parts on its own initiative.
After receipt of the first notification, the applicant can modify once again technical of its own parts, provided that the changes are sent at the same time as the response to the notification. Any other modification is permitted only with the approval of the IPI.
Changes of technical parts must not extend the object of the patent application changed beyond the content of the technical documents originally filed (art. 46 d).
When a claim is amended or reformulated in substance, the applicant must indicate, at the request of the IPF, in which part of the technical documents originally filed (art. 46 d) the redefined object has been exposed for the first time.
It appears from examination on the merits that the purpose of the amended patent application has been extended beyond the content of the technical documents originally filed (art. 46 d), IPI sets a deadline for the applicant to respond. May: a. renounce the amendment insofar as the disclosure of the invention is not questioned; forgotten the source. provide evidence that the invention was already exposed in the technical documents originally filed.

If the applicant does not renounce the amendment or if it fails to overrule the objections of the IPF, it rejected the patent application.

If the applicant communicates to the IPI let him deny the change until the decision becomes enforceable, examination at the bottom back on the basis of this waiver.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 65Date of filing a request split at the request of the IPF, the applicant should indicate in which part of the technical documents originally filed (art. 46 d) the object defined in the split application has been exposed for the first time.
If it turns out that the date of filing to a split at the time of the examination on filing (art. 46) application is claimed wrongly, art. 64, al. 4 to 7, shall apply by analogy.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 66 ranking each patent application is classified according to the international patent classification established by the agreement of March 24, 1971 Strasbourg. The applicant must provide the information necessary for this purpose.
IPI can change the ranking until the grant of the patent.

RS 0.232.143.1 new content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Section 2 purpose and end of examination art. 67procedure the IPI examines first whether the patent application shall be the subject of a notification under art. 59, al. 1, of the Act. If this is the case, it rejects the patent application when the applicant fails to overrule the objections either by altering the technical parts, or in some other way.
If the patent application does not meet the provisions of arts. 49A, 50, 50A, 51, 52, 55 and 57 of the Act, nor to those of the present order, the IPI sets a deadline for the applicant to remedy the defects. If defects are only partially corrected, it can, if it thinks fit, make other notifications.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 68 repealed by no I of O on May 21, 2008, with effect from July 1. 2008 (RO 2008 2585).

Art. 69Fin of the examination if the conditions required for the grant of the patent are met, the IPI shall inform the applicant of the date scheduled for the end of the review process at least one month in advance. With this announcement, communicate also changes the title and the abstract as well as the corrections within the meaning of art. 22. If technical initial or parts of the changes provided pursuant to para. 1 meet the provisions of the act as well as those of the present order, the applicant is deemed approved the version in which the patent will be granted.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Chapter 5 Preparation of the grant of the patent art. 70 repealed by no I of O on May 21, 2008, with effect from July 1. 2008 (RO 2008 2585).

Art. 71 repealed by no I of O on August 11, 1999, with effect from Jan 1. 2000 (RO 1999 2629).

Art. Suspensive 72delai requests seeking registration interim or final changes to the registry of patents, as well as the withdrawal of the patent application, that reach the IPI after the date scheduled for the end of the examination procedure are known have been presented only after the grant of the patent.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Chapter 6procedure of opposition art. 73 form and content the opposition must be trained in writing and filed in duplicate within nine months following the publication of the registration in the register of patents. It contains: a. full name, or the reason for trade, and the address of the opponent and, where appropriate, his home of notification in Switzerland; (b) the number and the title of the updated patent in question; c. a declaration stating the extent to which the patent is put in issue by the opposition; d. the grounds for opposition (art. 1 a, 1 b and 2 of the Act); e. motivation indicating all the facts and evidence relied on.

The opposition fee must be paid within the opposition period provided in art. 59 c of the Act.
The documents cited as evidence by the opponent will be attached to the record.

New content according to section I of the O on May 11, 2011, in effect since July 1. 2011 (2011 2247 RO).

Art. 74 examination of the opposition if the opposition does not meet the requirements set out in art. 73, al. 1, let. a to e, and 2, and if the defects are not corrected before the expiry of the opposition period (art. 59 c of the Act), the IPI is not material.
If the opposition fulfils the conditions set out in para. 1, but does not meet other requirements of the law or of this order, the IPI sets a reasonable the opponent additional deadline so he can regularize her. He advised at the same time he declares the opposition inadmissible if this period is not used.
If the opponent does not, even on invitation, writing it invokes as evidence, the IPI is not required to take them into consideration.

Art. 75 language the opposition procedure takes place in the language in which the patent in question is written.
Other writings submitted by parties or the opposition can also be produced in another official language (art. 4, para. 1).
Any change of the technical documents (art. 81) must be filed in the language of the proceedings.
When a piece invoked as evidence is written in an official language or in English, IPI may require a translation in the language adopted for the procedure to be produced. If the translation is not filed, it is not required to take this means of evidence into consideration.

Art. 76 parties the parties are the owner of the patent and the opponent.
In the case of transfer of the patent art. 33, al. 3, of the Act applies by analogy.

Art. 77 home of notification of the parties the opponent who must indicate a home of notification in Switzerland (art. 13 of the law) is required to communicate this within the opposition period, or within any longer period allowed by the IPI. IPI at the same time notify the opponent he will declare the opposition inadmissible if the extension is not used.
The owner of the patent which must indicate a home of notification in Switzerland is required to communicate this within the time limit set by the IPI. If it does not meet this obligation, it is excluded from the procedure.


New content according to section I of the O on May 11, 2011, in effect since July 1. 2011 (2011 2247 RO).
New content according to section I of the O on May 11, 2011, in effect since July 1. 2011 (2011 2247 RO).
New content according to section I of the O on May 11, 2011, in effect since July 1. 2011 (2011 2247 RO).
Repealed by no I of O on May 11, 2011, with effect from July 1. 2011 (2011 2247 RO).

Art. 78 plurality of oppositions when several oppositions are filed against the same patent, the IPI brings them together in a single procedure.

Art. 79 number of copies and pieces attached subject to art. 73, al. 1, a copy of the written proceedings and the attachment is handed to the IPI and a copy for every other party; otherwise, the IPI may grant an extension to the requesting party or copies useful at the expense of the latter.

Art. 80 response to opposition the IPI addressed opposition to the owner of the patent; He invites her to respond and, if necessary, to produce modified parts. Sets it a reasonable deadline for this purpose.

Art. 81 change patent the amendment of the claims, description and drawings shall be allowed only if a ground of opposition within the meaning of art. 59 c of the Act makes it necessary.
The patent may not be amended to the point: a. its purpose extends beyond the content of the technical documents originally filed (art. 46 d), forgotten the source. that its material scope be expanded.

Art. 82 exchange of submissions the IPI communicates the response of the owner of the patent and, if necessary, changes in technical parts to the opponent. When several oppositions have been filed, he also wears his knowledge the other oppositions.
IPI invites the opponent to decide if the owner of the patent has changed the technical parts or if it is expedient for other reasons. It sets him a reasonable deadline.
It may invite the parties to a further exchange of memories.

Art. 83 notice of the IPI ethics commission may ask, at the request of one of the parties or ex officio, a notice to the Federal Commission of ethics for biotechnology in the non-human field.
It communicates to the parties notice of the ethics commission and gives them the opportunity to comment in writing.

Art. 84 the IPI oral proceedings may, at the request of one of the parties or ex officio, invite the parties to participate in oral proceedings if it appears that it is clean to elucidate the facts.
The procedure is not public. Exceptionally, the IPI may, at the request of one of the parties or ex officio, a public procedure if major public interests justify. A summary record of the proceedings is drawn up.
The deliberations take place behind closed doors.

Art. 85 final decision when the pieces are ready to be judged, the IPI decides:

a. the patent's entirely or partially revoked and that, to that extent, the opposition is admissible; (b) that it is maintained without change and that the opposition is rejected, ouc. It can be maintained in an amended form on the basis of the technical parts exposed or modified during the opposition proceedings, and that the opposition is rejected for the surplus.

If the patent is maintained as amended and the decision became enforceable, IPI invites, as appropriate, the holder of the patent to adapt the technical parts. If it does not give the invitation or the amended technical documents are not in line with the decision of the IPI, the patent is revoked.
If the technical parts changed during the opposition proceedings respond to right away at decision of the IPI, the applicant is deemed approve the version in which the patent is maintained.

Art. 86 opposition fee and expenses if the objection is allowed, the opposition fee is generally returned to the opponent; If she admitted it partially, the tax is rendered proportionally. IPI does not render the opposition fee if specific circumstances, especially when the opponent has deliberately delayed the procedure.
Costs are allocated.

Art. 87 registration and publication the IPI entered in the patent register and publishes the revocation, the maintenance of the patent or the patent under a form changed. He donated a new patent document to the patent holder.

Art. 88 law the Federal Act of 20 December 1968 on administrative procedure applies to the opposition procedure insofar as not otherwise provided by this order.

RS 172.021 Title 4 folder, register of patents and publications of the IPI Chapter 1 file art. 89 content the IPI holds for each patent application and every patent a file documenting the course followed by the procedure for review and on the amendments concerning the existence of the patent and the right to the patent.
Who joined the parts a compelling title and says it discloses manufacturing or business secrets may ask that he be classified separately. The existence of such securities is mentioned in the record.


Introduced by the section I of the O on March 31, 1999 (RO 1999 1443). Repealed by no I of O Dec. 3. 2004, with effect from Jan 1. 2005 (RO 2004 5025).

Art. 90 consultation of the parts before the publication of the issue of demand or before the grant of the patent, if it comes before, are allowed to view the file: a. the applicant and his representative b. persons able to prove that the applicant complains them violate the rights arising from a patent application or that he puts them cautioned against such a violation; c. third parties able to prove that the applicant or his representative consents.

These people are also allowed to consult rejected or withdrawn patent applications.
After the stage referred to in para. 1, any person may consult the file.
Those who, under para. 1 or 2, plans to consult the record must indicate in advance to IPI the date at which he plans to do.
If consultation of successful titles classified to share (art. 89, para. 2) is required, IPI is pronounced after hearing the applicant or the owner of the patent.
When the public interest so requires, the federal Department of justice and police may authorize the IPI to leave the services of the federal administration access to the file.
On request, parts for consult will be issued in the form of copies.
General requirements for mutual legal assistance are reserved.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to section I of the O from 18 oct. 2006, in force since Jan. 1. 2007 (RO 2006 4483).
New content according to section I of the Dec. 3 O. 2004, in force since Jan. 1. 2005 (RO 2004 5025).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to section I of the O from 18 oct. 2006, in force since Jan. 1. 2007 (RO 2006 4483).

Art. 91 repealed by no I of O on May 21, 2008, with effect from July 1. 2008 (RO 2008 2585).

Art. 92Conservation of the IPI documents retains the original or a copy of documents relating to patents written off completely for five years from radiation.
It retains the original or the copy of the documents relating to patent applications withdrawn or rejected for five years from the withdrawal or rejection, but for ten years at least from the date of filing.

New content according to section I of the Dec. 3 O. 2004, in force since Jan. 1. 2005 (RO 2004 5025).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Chapter 2 register of patents art. 93 keeping of the register the IPI keeps a register of granted patents.
Published patent applications are entered temporarily. Once the patent is granted, provisional registrations are required for final.


Introduced by chapter I of the March 31, 1999 (RO 1999 1443) O. Repealed by no I of O Dec. 3. 2004, with effect from Jan 1. 2005 (RO 2004 5025).

Art. 94 contents of register patents are permanently registered with the following: a. the patent number; (b) the ranking; c. title of the invention; d. filing date; e. the reference number of the patent application; f... .g. date of grant of the patent; h. priorities and immunities derived from exhibitions; i. name or business name or trade , domicile or headquarters and address of the owner of the patent; k. the name and address of the representative, if it has been established; l. name and domicile of the inventor, if it has not given up mentioning; rights Mr. conceded, as well as restrictions on the right of self-determination ordered by courts or the authorities responsible for the enforcement; n. changes relating to the existence of the patent or the patent right; o. changes of domicile or headquarters of the owner of the patent; p. agent or address changes; q. current opposition proceedings and the conclusions of the final decision.

Published patent applications are registered provisionally with the corresponding indications.
IPI can still register temporarily or permanently other information deemed useful.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
Repealed by section I of the O on May 21, 2008, with effect from July 1. 2008 (RO 2008 2585).
New content according to section I of the O on May 11, 2011, in effect since July 1. 2011 (2011 2247 RO).
New content according to section I of the O on May 11, 2011, in effect since July 1. 2011 (2011 2247 RO).
Introduced by chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 95Consultation, extracts of the register the patent register can be consulted freely.
On request, the IPI established extracts from the patent register.

New content according to section I of the O from 18 oct. 2006, in force since Jan. 1. 2007 (RO 2006 4483).

Chapter 3 changes Section 1 changes to the existence of the patent art. 96 waiver partial a. form the declaration of partial renunciation of a patent (art. 24 of the law) must be submitted in two copies.
She will be unconditional.
It is subject to a tax.

New content according to section I of the Dec. 3 O. 2004, in force since Jan. 1. 2005 (RO 2004 5025).
New content according to section I of the Dec. 3 O. 2004, in force since Jan. 1. 2005 (RO 2004 5025).

Art. 97 b. content disclaimer statement should give rise to doubt as to the legal scope of the claims; the art. 1, 1A, 2, 51, 52 and 55 of the Act also govern the new layout of the claims.
The description, the drawings and the abstract cannot be changed. The disclaimer will nevertheless include a statement like this: parts of the description and drawings that would be incompatible with the new layout of the claims should be considered to have been eliminated.
If the declaration of partial renunciation is not compliant with the, IPI sets the owner of the patent a deadline to remedy the default. When the default has been partially corrected, the IPI may, if it deems it useful, make other notifications.


Repealed by no I of O on May 21, 2008, with effect from July 1. 2008 (RO 2008 2585).

Art. 98 c. registration and publication if the declaration of partial renunciation is in conformity with the requirements, it is registered.
IPI publishes it and the attached to the patent specification; a new patent document is given to the owner of the patent.
At the same time, IPI sets a deadline of three months to the owner of the patent to request the constitution of new patents (article 25 of the law).

Art. 98ad. Limitation of partial abandonment an application for a partial waiver is inadmissible as long as an opposition to the patent may be formed and that an enforceable decision has not been made about the opposition.

Introduced by chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 99 limitation by the judge


Art. 98 shall apply by analogy where the patent has been limited by the judge (art. 27 or 30 of the Act).

Art. Constitution of new patents a. request 100 provisions governing patent applications apply to the constitution of a new patent application (art. 25, 27, al. 3 or 30, para. 2, of the Act); the art. 101 and 102 are reserved.

Art. 101 b. claims for each new patent to be according to art. 100, a new claim at least will be made within the limits of the eliminated claims of the original patent and based on art. 24 of the Act.


Repealed by no I of O on May 21, 2008, with effect from July 1. 2008 (RO 2008 2585).

Art. 102 c. Description with respect to the description and drawings, we can return to the original patent specification; It is necessary to add a statement like this: parts of the description and drawings in the n..., patent specification that would be incompatible with the claims of this patent, must be considered to have been eliminated.
If the referral provided for in para. 1 raises a doubt as to the legal scope of the patent, the parts of the original patent specification needed to the intelligence of the new patent claims will be reproduced in an appropriate form.

Section 2 amendments on the right to the grant of the patent and the right to the patent; changes of representative art. 103 partial admission of an action for assignment so the judge ordered the assignment of a patent application by eliminating certain claims (art. 30 of the Act), the plaintiff who succumbed may form one or more patent applications with the eliminated claims. They will have to date of filing one of demand assigned and will be, for the remainder, treated as split applications (art. 57 of the Act).
If the judge ordered the assignment of a patent by eliminating certain claims (art. 30 of the Act), the patentee who succumbed may, with the eliminated claims, require the establishment of one or more new patents (art. 100 to 102).
Once in possession of the final judgment of assignment, the IPI prescribes to the applicant or the patentee who succumbed a period for the filing of new patent applications or a request in constitution of new patents.

New content according to section I of the O from 25 oct. 1995, in force since Jan. 1. 1996 (RO 1995 5164).

Art. 104 mention in the record before the grant of a patent, are mentioned in the folder: a. changes in applicant; b. changes in business name or trade; c. other changes, such as changes of residence of notification in Switzerland or agent, the concession of rights and restrictions on the right of disposal ordered by the courts or enforcement authorities.

Art. 105, al. 2 to 4, shall apply by analogy.
The purchaser of a patent application includes it in the State where she is at the moment where the convincing title manages to IPI.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to section I of the O on May 11, 2011, in effect since July 1. 2011 (2011 2247 RO).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 105 provisional or definitive entry in the register of patents are registered temporarily or permanently in the patent register: a... .b. changes concerning the right to the patent; c. changes in business name or trade; d. other changes, such as the change of representative, the concession of rights and restrictions on the right of disposal ordered by the courts or enforcement authorities.

All changes must be evidenced by a written declaration of the holder or of the previous applicant or through another successful title; the art. 106 and 107 are reserved. Successful titles form part of the record.

While an exclusive licence is provisionally or finally entered in the register, no other incompatible licenses with it don't will be temporarily or permanently registered for the same patent.
A sublicence is registered provisionally or permanently when it is attested by a statement written licensee temporarily or permanently registered, or by another sufficient probative title. Moreover, the right of the licensee to grant sublicenses must be established.
and...

Repealed by section I of the O on May 21, 2008, with effect from July 1. 2008 (RO 2008 2585).
New content according to section I of the O from 25 oct. 1995, in force since Jan. 1. 1996 (RO 1995 5164).
Introduced by section I of O from 25 oct. 1995 (RO 1995 5164). Repealed by section I of the O on May 21, 2008, with effect from July 1. 2008 (RO 2008 2585).
New content according to section I of the O from 25 oct. 1995, in force since Jan. 1. 1996 (RO 1995 5164).
Repealed by section I of O from 18 oct. 2006, with effect from Jan 1. 2007 (RO 2006 4483).

Art. 106Radiation of rights of third parties at the request of the applicant or the owner of the patent, the IPI removes the right to a third party mentioned in the file or temporarily or permanently in the register of patents if an express declaration of waiver of one third or one other document equivalent is presented.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 107 changes of agent agent changes are mentioned in the file or entered temporarily or permanently to the patent register upon submission of a power of Attorney in favor of the new representative.
For IPI, the appointment of a new representative is the revocation of power of Attorney in favor of the previous one.


Repealed by no I of O from 18 oct. 2006, with effect from Jan 1. 2007 (RO 2006 4483).

Chapter 4 Publications of the art Institute. 108Organe of the IPI publication determines the publication organ.
On request and against reimbursement of expenses, IPI establishes copies on paper published exclusively in electronic form.

New content according to section I of the Dec. 3 O. 2004, in force since Jan. 1. 2005 (RO 2004 5025).

Art. 109Fascicule of the patent the patent specification is published on the day of the grant of the patent.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Title 5 Restrictions on rights deriving from the patent Chapter 1 Art. farmers ' Privilege 110Liste of plant species plant species covered by the farmers ' privilege are those of annex 1 of the Ordinance of 25 June 2008 on the protection of varieties.

New content according to art. 19 o of 25 June 2008 on the protection of varieties, in effect since Sept. 1. 2008 (RO 2008 3595).
RS 232.161 Chapter 2 compulsory licenses for the export of pharmaceutical products art. 111 content of legal action when the beneficiary country is a member of the world Organization (WTO), the plaintiff must join the action for the grant of a compulsory license for the export of pharmaceuticals the notification to the Council on aspects of intellectual property rights relating to trade (TRIPS Council) in which the beneficiary country: a. defines the quantity of the pharmaceutical product needed to cover its needs; b. says have no manufacturing capability or have inadequate capacity, unless it is one of the least developed countries according to the Organization of United Nations (UN) list; etc is said to have issued a compulsory licence for import of the pharmaceutical product covered, insofar as the latter is patented in its territory.

If the beneficiary country is not a member of the WTO, the plaintiff must present a statement to the IPI which has value to a notification within the meaning of para. 1. the notification referred to in para. 1 and the declaration referred to in para. 2 provide full proof of the information contained therein, as long as the inaccuracy of their content has not been proven.
Legal action also contains: a. evidence that efforts to obtain a contractual license (art. 40th of the Act) were unsuccessful; (b) the quantities of production that the plaintiff has plan to manufacture and mentions of the licences already issued if she knowledge; c. the measures of the plaintiff to identify pharmaceutical products manufactured under license (article 111A); d. the Internet address to which are published the the information referred to in art. 111 b. art. 111A measures to identify products the licensee must clearly identify the pharmaceutical products manufactured under license by means of appropriate measures.
Are considered measures including indications affixed on the packaging or on media product, like the bulbs, the dimpled plates and containers, and on all documents including related that State that the product is being a compulsory license for the export of pharmaceutical products and it is exclusively for export in the country indicated.
The measures must be proportionate and should not have a significant impact on the price of the products.


Art. 111b duty of publication of the licensee the licensee shall, from the granting of the license to publish the following information on its website or on the WTO: a. the name of the products pharmaceuticals for which the license has been granted; (b) the production quantity; c. recipient countries; d. measures to distinguish products manufactured under license of the patented products (art. 40 d al. 4 of the Act).

Art. 111 Obligation of the IPI to inform and notify if the beneficiary country is a member of the WTO, the IPI shall communicate to the TRIPS Council the granting of a licence within the meaning of art. 40 d of the Act. The communication contains the following information: a. the name and address of the licensee; (b) the name of the products pharmaceuticals for which the license has been granted; c. the production quantities and the quantities supplied; d. recipient countries; (e) the duration of the license; f. the Internet (Article 111b) address.

If the beneficiary country is not a member of the WTO, IPI publishes the data mentioned in para. 1 on its Internet site.
The courts shall communicate to IPI information so that it can fulfil its obligation to inform and notify.

Title 6Intervention of the Administration of customs art. 112 scope the Customs Administration is empowered to intervene in the event of introduction into the customs territory and exit the territory of goods infringing a patent valid in Switzerland.

Art. 112a request for intervention of the patentee or the licensee with standing (applicant) must present the request for intervention to the General Directorate of customs.
The General Directorate of Customs makes its decision on the request no later than 40 days after receipt of all of the supporting documents.
The request is valid for two years, unless she specifies a shorter validity period. It may be renewed.

Introduced by c. I. 5 O 6 June 2014 on time of order fixing the area of Federal Administration of customs, in effect since Sept. 1. 2014 (2014 2051 RO).

Art. 112b detention of goods when the Customs Office holding goods, he keeps them in filing against collection of a fee or he stores them at a third party at the expense of the applicant.
It transmits the applicant name and address of the declarant, holder or owner, an accurate description and the quantity of the goods retained goods as well as the name of the sender in Switzerland or abroad.
If, before the expiry of the period provided for in art. 86, al. 2 or 3, of the Act, that the applicant cannot obtain interim measures, the Customs Office shall return the goods without delay.

Art. 112c samples the applicant may apply for delivery or sending samples for review or inspection of the goods detained. Instead of samples, the Customs Administration may also give him some photographs of the goods if they allow him to conduct this review.
The applicant may submit this request to the Directorate-General of customs as demand response or during the detention of goods, directly to the Customs Office holding the goods.

Art. 112D Protection of secrets of manufacturing and Business Administration of Customs shall inform the declarant, the holder or the owner of the goods of the possibility of refuse samples on submission of a reasoned request. It shall set him a reasonable time to submit this application.
If the Customs Administration authorizes the applicant to inspect the goods retained, it takes account, to fix the time inspection, appropriately in the interests of the applicant, on the one hand, and those of the declarant, the holder or the owner, on the other hand.

Art. 112th Conservation of evidence in case of destruction of the goods the Customs Administration maintains samples taken during one year after the communication addressed to the declarant, holder or owner in accordance with art. 86, al. 1, of the Act. After expiry of this period, she invites the declarant, holder or owner to regain possession of the samples or to bear the costs for the continuation of their conservation. If the declarant, the possessor or owner does not comply with this request or if it does not communicate its decision within 30 days, the Customs Administration destroyed the samples.
Instead of samples, the Customs Administration may take photographs of the goods destroyed as long as this measure to guarantee the preservation of evidence.

Art. 112f fees the fees for the intervention of the Customs Administration are fixed in the order of 4 April 2007 on the salaries of the Federal Customs Administration.

SR 631.035 art. 113 repealed by no I of O from 25 oct. 1995, with effect from Jan 1. 1996 (RO 1995 5164).

Title 7 European patent applications and European patents art. 114 scope of the order this title applies to European patent applications and European patents, which have effect in Switzerland.
The other provisions of this order shall also apply, unless that art. 109 of the Act and this title otherwise provided in art. 115 filing with the IPI people who have their domicile or headquarters in Switzerland are entitled, as the applicant or representative, to be filed with the IPI of European patent applications other than divisional applications.
IPI mentioned on the application documents the day where they managed him.
Taxes under the convention of 5 October 1973 on the European patent must be paid directly to the European Patent Office.

[RO 1977 1711, 1979 621 art. 1, 1995 4187, 1996 793, 1997 1647 art. 1, 2007 3673 art. 1 3674 art. 1]. See now the conv. the EPC reviewed at Munich Nov. 29. 2000 (RS 0.232.142.2) art. 116 repealed by section I of O on March 14, 2008, with effect from May 1, 2008 (RO 2008 1659).

Art. 117 registry and file in the Swiss patent register Europeans (art. 117 of the Act) are recorded: a. the indications mentioned in the register of European patents at the time; (b) the information referred to in the European register of patents about the opposition, limitation or revocation proceedings; c. plus, the particulars provided for Swiss patents.

The IPI registered indications in the language of the procedure used by the European Patent Office; If this language is English, registration is done in German, the owner of the patent may request at any time that the inscription is made in french.
The language adopted according to para. 2 becomes the language in which runs the procedure (art. 4).
The IPI keeps a record of each European patent.

New content according to the section I of the O on March 14, 2008, in force since May 1, 2008 (RO 2008 1659).
New content according to chapter I of the O of 17 October. 2007, in force since Dec. 13. 2007 (2007 6085 RO).
New content according to the section I of the O on March 14, 2008, in force since May 1, 2008 (RO 2008 1659).

Art. 117aSigne of the patent for patents Europeans with effect in Switzerland, the sign of the patent (article 11 of the Act) consists of the followed "EP/CH" indication of the number of the patent.

Introduced by chapter I of O of 17 May 1995, in force since 1 sept. 1995 (RO 1995 3660).

Art. 118Transformation when a European patent application or a European patent are transformed into a Swiss patent application, IPI sets a deadline of two months to the applicant for: a. pay the filing fee (art. 17, para. 1, let. a); (b) produce the translation (art. 123 of the Act); c. provide a home of notification in Switzerland (art. 13 of the law).

Already matured annuities are payable within six months following the invitation of the IPI; a surcharge is perceived when the payment is made during the last three months.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to section I of the O on May 11, 2011, in effect since July 1. 2011 (2011 2247 RO).

Art. 118aannuites the European patent gives rise each year to the payment in advance of annuities collected by IPI. the first payment is due for the year following the year in which the grant of the European patent has been mentioned in the Bulletin of patents, but the more early at the beginning of the fourth year following the filing of the application.

Introduced by section I of O from 25 oct. 1995 (RO 1995 5164). New content according to chapter I of O on May 1, 2013, in force since Jan. 1. 2014 (2013 1305 RO).

Title 8 international patent applications Chapter 1 scope of the order of art. 119. this title applies to international applications for which the IPI acts as a receiving office, designated office or elected office.
The other provisions of this order shall also apply, unless that art. 131 of the Act or otherwise provided in this title.

New content according to chapter I of O of 17 May 1995, in force since 1 sept. 1995 (RO 1995 3660).

Chapter 2 the Institute as receiving office art. 120depot of the international application


The international application filed with the IPI must be written in French, German or English.
The IPF corresponds with the applicant in french or German.

New content according to chapter I of the O on March 31, 1999, in force since May 1, 1999 (RO 1999 1443).

Art. 121 transmission tax and tax research tax of transmission (art. 133, para. 2, of the Act) shall be paid to the Institute within one month following the receipt of the international application.
The al. 1 apply by analogy to the search fee, whose amount is fixed according to the agreement reached with the administration responsible for the Switzerland international, competent research. IPI publishes the amount of the search fee fixed by the international authority in the publication organ.

New content according to section I of the O 2 Dec. 1991, in effect since July 1. 1992 (RO 1991 2565).
New content of the sentence according to point 2 of the annex to the O of 8 March 2002 on designs, in effect since July 1. 2002 (RO 2002 1122).

Art. 122Autres tax payment of other taxes is based on the regulations of June 19, 1970, of the cooperation treaty (regulations under the cooperation treaty) patent.
The amounts of the fees are given in the schedule of fees of the regulations under the cooperation treaty.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
SR 0.232.141.11 art. 122 introduced by section I of the O 2 Dec. 1991 (1991 2565 RO). Repealed by no I of O on May 21, 2008, with effect from July 1. 2008 (RO 2008 2585).

Art. 122bRestauration of the right of priority against payment of a tax, IPI restores the priority period under rule 26.3 of the regulations under the cooperation treaty, if the applicant has not been able to observe the deadline, although he made proof of all due care required by the circumstances.
The decision of the IPI is final.

Introduced by section I of O from 18 oct. 2006, in force since Jan. 1. 2007 (RO 2006 4483).
RS 0.232.141.11 Chapter 3 the IPI as a designated office art. 123Protection interim where the international application has not been published in a Swiss official language, the injured can claim only the damage it suffered from the day where the applicant: a. has delivered to the defendant a translation of the claims in a Swiss official language; forgotten the source. has made it available to the public through IPI.

Anyone who gives a translation of the claims of a published international application to IPI must indicate the number of that application.
The IPI recorded the date where the translation is produced. It only checks the completeness of it.
It makes accessible translation without delay and set the day where it made possible consultation.
If the translation is corrected, paras. 1 to 4 shall apply by analogy.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 124Conditions for the opening of the national phase within 30 months from the date of filing or priority, the applicant must perform the following acts with the IPI: a. mention the inventor in writing; b. where applicable, indicate the source (art. 45); c. pay the filing fee; d. produce a translation in a Swiss official language if the international application is written in another language.

If the applicant has not met the conditions set out in para. 1, the international application is considered withdrawn for the Switzerland.
As the applicant has neither domicile nor headquarters in Switzerland, shall be provided a home of notification in Switzerland (art. 13 of the law) within the period specified in para. 1 if it did not notice home within that period, the IPI him sets a deadline of two months to do. He rejected the request in the event of failure to comply with this deadline.
If the priority document is not presented with the receiving Institute or to the international Bureau within 16 months of the priority date, the priority right shall lapse.
Art. 52, al. 1, apply by analogy where the priority document is not written in a Swiss official language or in English.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content of the 1 and 2 sentences according to section I of the O on May 11, 2011, in effect since July 1. 2011 (2011 2247 RO).

Art. 125Restauration of the right of priority against payment of a tax, IPI restores the priority period under rule 49.2 of the regulations under the cooperation treaty, if the applicant has not been able to observe the deadline, although he made proof of all due care required by the circumstances.

New content according to section I of the O from 18 oct. 2006, in force since Jan. 1. 2007 (RO 2006 4483).
RS 0.232.141.11 Chapter 4 the PII as an office elected art. 125a translation of the annexes to the report of international preliminary examination in cases where a translation must be filed under art. 138, al. 1, let. d of the Act, the annexes to the international preliminary examination report must be translated in the same Swiss official language than that of the international patent application within 30 months of the date of filing or priority.
If the deadline set for the al. 1 is not observed, the IPI shall set the applicant an additional period of two months. If this delay is not observed, IPI declared the application inadmissible.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 125b content and consultation of the file of an international application contains, in addition to the content provided in art. 89, the international preliminary examination report.
As soon as the international application entered into national phase, the record may be consulted freely.

Art. 125cRestauration of the right of priority against payment of a tax, IPI restores the priority period under rule 49.2 of the regulations under the cooperation treaty, if the applicant has not been able to observe the deadline, although he made proof of all due care required by the circumstances.

Introduced by section I of O from 18 oct. 2006, in force since Jan. 1. 2007 (RO 2006 4483).
RS 0.232.141.11 title 9 international-type search art. 126 conditions within the meaning of art international-type search. 15, al. 5, PCT may be required for a first Swiss patent application.
The request must be submitted to the IPI in the six months following the filing date. The international-type search fee must be paid at the same time. The amount of the tax is fixed by the authority competent for the Switzerland international research, unless otherwise provided by the IPI - RT.
If the language in which the patent application is written is not a working language of the authority for the Switzerland international, competent research, a translation in a working language must be presented simultaneously.
IPI does not examine whether the patent application and the translation meet the other conditions laid down in the Treaty of cooperation, including the requirements of form valid for international applications.
The international-type search is performed on the basis of the technical parts, modified if necessary at the end of the examination on filing and the examination as to form (art. 46 to 50).
The international-type search is performed on request based on the technical documents produced in English, if the technical parts meet the other requirements set out in art. 46 to 50.

RS 0.232.141.1 new content according to chapter I of the O on March 31, 1999, in force since May 1, 1999 (RO 1999 1443).
RS 232.148 new content according to chapter I of the O on March 31, 1999, in force since May 1, 1999 (RO 1999 1443).
Introduced by chapter I of O of 17 May 1995 (RO 1995 3660). New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
Introduced by chapter I of O of 17 May 1995 (RO 1995 3660). New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 127procedure if the conditions set out in art. 126 are met, the IPI shall send the documents required by the International Searching Authority.
IPI addressed to the applicant the search report with a copy of the documents which are mentioned; a copy is placed on the record of the patent application.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Title additional 10Certificats of protection for medicines and plant protection products Chapter 1 scope of application article 127a this title applies to supplementary certificates of protection for medicines and plant protection products.
The other provisions of this order shall apply unless the title seventh of the Act or otherwise provided in this title.

New content according to chapter I of the O on March 31, 1999, in force since May 1, 1999 (RO 1999 1443).

Chapter 2 certificate request art. 127b request; tax demand must contain: a. a request for the grant of the certificate; (b) a copy of the first official authorization to market in Switzerland; c. a copy of the information about the drug or the operating instructions of the plant protection product such that they have been authorized by the competent authority.


The filing fee must be paid within the time fixed by the IPI.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to section I of the O from 25 oct. 1995, in force since Jan. 1. 1996 (RO 1995 5164).

Art. 127c contents of the request the request for issuance of the certificate must contain the following information: a. the name or business name of the applicant and his address and, where applicable, his home of notification in Switzerland; (b) when the applicant was an agent, his name, his address, as well as applicable, domiciled in Switzerland notification; (c) the number of the patent on which is based the request (basic patent); (d) the title of the invention protected by the basic patent; e. the date of the first official authorization to market the product in Switzerland; (f) an identification of the product designated by the authorisation for placing on the market as well as its registration number; g....

New content according to section I of the O on May 11, 2011, in effect since July 1. 2011 (2011 2247 RO).
New content according to section I of the O on May 11, 2011, in effect since July 1. 2011 (2011 2247 RO).
Repealed by section I of O Dec. 3. 2004, with effect from Jan 1. 2005 (RO 2004 5025).

Art. 127d Publication of a notice of the application a notice of the application was published.
The following are published: a. the name or business name of the applicant and his address; (b) if applicable, the name and address of the representative; c. the date of filing of the application; (d) the number of the basic patent; (e) the title of the invention protected by the basic patent; f. the date of the first official authorization to market the product in Switzerland; (g) a designation of the product covered by the authorization so that registration number.

The publication is made after the conclusion of the review according to art. 127th. Chapter 3 review of the application of art. 127th review during the filing of the application when the request is received, the IPI examines if it has been filed within the required and if it meets the conditions laid down in art. 127b and 127c.
If the request does not meet the conditions laid down in para. 1, the IPI shall set the applicant two months to complete.
If this time limit is not observed, IPI declared the application inadmissible.

Art. 127f review of the conditions of issue of the certificate the IPI examines whether the requirements for the issuance of the certificate (art. 140b and 140 c, para. 2 and 3, of the Act) are met.
If these conditions are not met, the IPI rejects the request.

New content according to chapter I of the O on March 31, 1999, in force since May 1, 1999 (RO 1999 1443).

Chapter 4 issue of the certificate art. 127g if the conditions required for the issue of the certificate are met, the IPI issues the certificate by adding it to the registry of patents.
The issue of the certificate is published with the following indications: a. the provided an addition basic patent number; (b) the name or business name of the holder of the certificate as well as his address; c. if applicable, the name and address of the representative; (d) date of filing of the application; (e) the number of the basic patent; (f) the title of the invention protected by the basic patent; (g) the date of the first official authorization placing on the market of the product in Switzerland; h. a designation of the product covered by the authorization as well as his registration number; i. the date of expiry of the term of protection of the certificate.

Chapter 5 Publication of the rejection of the request of certificate, from premature extinction of the certificate, its nullity and suspension art. 127: the rejection of the certificate application, premature extinction of the certificate, its nullity and suspension are published.
The following are published: a. number of the basic patent has an addition, except in the case of rejection of the certificate application; (b) the name or the business name of the applicant or the holder of the certificate as well as address c. number of the basic patent; (d) the title of the invention protected by the basic patent; e. the date of the first official authorization to market the product in Switzerland; e. one designation of the product covered by the authorization as well as his registration number; g. the date of rejection of the certificate, of the premature termination of the certificate request, of its nullity or its suspension.

Chapter 6 folder and register art. 127i folder on the certificate is attached to the record of the basic patent.
The certificate file can be accessed freely.
The certificate receives the number of the basic patent provided an addition.

Art. 127 k registry listings for the certificate are available on the sheet of the registry relating to the basic patent.
The following information must be included: a. the provided an addition basic patent number; (b) the name or business name of the holder of the certificate as well as his address; c. if applicable, the name and address of the representative; (d) date of filing of the application; (e) the number of the basic patent; (f) the title of the invention protected by the basic patent; g. the date of the first official marketing authorisation on the market of the product in Switzerland; h. a designation of the product covered by the authorization as well as his registration number; i. date of issue of the certificate; k. the expiration date of the term of protection of the certificate; l. granted rights, as well as restrictions on the right of self-determination ordered by the courts or enforcement authorities; Mr. changes relating to the existence of the certificate or the right certificate; n. changes of domicile or seat social of the holder of the certificate; o. change of agent or of domicile or seat.

IPI may be temporarily or permanently other information deemed useful.
Registrations for the rights granted on the basic patent, as well as restrictions on the right to dispose of the patent ordered by courts or authorities of the execution, are presumed to be valid for the certificate to the same extent as for the basic patent.

Chapter 7 fees art. 127lannuites when the annuity to pay does not cover an entire year, its amount is, for each month begun of the duration of the certificate, to one-twelfth of the annuity that would be due for the year in question, rounded up to the higher franc or whole.
Annuities expire the last day of the month in which: a. the duration of the certificate starts to run; (b) the certificate is issued, if it is issued after the expiration of the maximum term of protection of the patent.

Annual fees are payable no later than the last day of the six months following the due date; a surcharge is seen if the payment is made after the last day of the third month following the due date.

New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).

Art. 127 m refund of annual fees in the event of invalidity of the certificate, annual fees are refunded for the period which elapsed between the moment of the entry into force of res judicata of the finding of nullity and the date on which the certificate would have expired.
In case of waiver of the certificate, annual fees are refunded in proportion to the duration of the certificate for which the holder has renounced the certificate.
When the official authorization for placing on the market of a product is revoked, annual fees are refunded in proportion to the duration of the certificate for which the authorization is revoked.
When the official authorization for placing on the market of a product is suspended, annual fees are refunded in proportion to the period for which the authorization is suspended.
In all these cases, only the entire annual fees are reimbursed.
The refund is made only upon request; must be presented within two months as of: a. the finding of invalidity of the certificate; b. the waiver certificate; c. revocation of official approval, according to para. 3; (d) the end of the suspension of the official authorisation according to para. 4. Title 11 final provisions Chapter 1 repeal of the law art. 128 (1) order of December 14, 1959 and order related to the Federal law on patents for invention of September 8, 1959 (2) are repealed.

[RO 1959 2041 2161, 1972 2503]
[RO 1959 758 1032 2161, 1972 2505]

Chapter 2 provisions transitional art. 129 time delays that began before January 1, 1978 are unchanged.

Art. 130 taxes the amount of the annual fees payable from 1 January 1978 is determined by the new law, even if these annuities have been paid before that date.
For patent applications whose filing date is more than two years prior to January 1, 1978, annuities must be paid, in accordance with the new law, within six months following the invitation of the IPI.
The al. 2 applies by analogy to the patent applications additional to a main patent, whose transformation is required after January 1, 1978.

Art. 131 additional patent applications applications for additional patent pending on January 1, 1978, subordinated to also pending patent applications are, from this date, considered as independent applications.

Art. Mention of the inventor 132


If, for a pending patent application on January 1, 1978, the inventor is not yet mentioned, it must be within a period of three months from the invitation of IPI or, if the time limit provided for in art. 35, al. 1, expires later, within that period.

Art. 133 priority declarations of priority relating to patent applications that are pending on January 1, 1978 can be produced up to March 31, 1978.
For patent applications pending on 1 January 1978, the priority documents and the missing information on the number of the first filing must, on invitation of the IPI, be produced within three months or, if the time limit provided for in art. 40, al. 4, expires later, within that period.
The al. 1 and 2 do not apply where, according to the previous law, the deadline for the submission of the declaration of priority, or for the production of the priority document is expired or has begun to run prior to January 1, 1978.

Art. 134 consultation of records records of patents granted prior to 1 January 1978 may be consulted in accordance with art. 90, al. 3, after the publication of the papers of patents.

Chapter 3 entry into force art. 135. this order comes into force on January 1, 1978, with the exception of the seventh, eighth and ninth titles.
The seventh title comes into force on June 1, 1978.
The eighth and ninth titles come into force at the same time as the sixth title of the law (international patent applications).

The sixth title of the Federal ACT entered into force on 1 June 1978 (1978 RO, 550).

Final provisions of the amendment of August 12, 1986 patent applications pending the day of the entry into force of the new law are governed by the latter.
However, requests filed prior to the day of the entry into force, may subject to notifications on behalf of IPI when they meet the requirements of the previous law; IPI can, however, request the information from the senses of the art. 64, al. 1, and 65, al. 1 communications of the Institute according to the old law, shipped before the date of the entry into force, remain valid, with the consequences that they indicate.
The time allowed by the IPI that started running before the day of the entry into force are not changed.
If the examination of the patent application has ended before the day of the entry into force, the procedure continues according to the old law up to the publication of the patent application or the grant of the patent.

Transitional provisions of the amendment on May 21, 2008 patent applications filed on the day of the entry into force of the amendment of this order may 21, 2008 are governed by the new law.
The writings given before the entry into force cannot be notifications if they meet the requirements of the previous law.
Communications of the Institute according to the old law shipped before the entry into force remain valid, with the legal consequences that they indicate.
The time allowed by the IPI that started running before the entry into force unchanged.
A report on the State of the art (arts. 53 to 58) may be required only for patent applications that were filed the day of the entry into force or at a later date.
Only patent applications that are filed on the day of the entry into force or later are published.
Only the patents granted in accordance with the new law may be the subject of an opposition (art. 73 to 88).
When parts were filed earlier before, sometimes after the entry into force, is deemed date of filing one where the first part is filed.

RO 1977 2027 abbreviation introduced by section I of O from 25 oct. 1995, in force since Jan. 1. 1996 (RO 1995 5164).
RS RS 172.010.31 232.14 new content according to art. 19 o of 25 June 2008 on the protection of varieties, in effect since Sept. 1. 2008 (RO 2008 3595).
New content according to section I of the O from 25 oct. 1995, in force since Jan. 1. 1996 (RO 1995 5164).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
Introduced by chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
Introduced by chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
Formerly before art. 62. formerly before art. 62. new content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
Formerly little. 5. new content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
Formerly little. 6. new content according to art. 19 o of 25 June 2008 on the protection of varieties, in effect since Sept. 1. 2008 (RO 2008 3595).
Introduced by art. 19 o of 25 June 2008 on the protection of varieties, in effect since Sept. 1. 2008 (RO 2008 3595).
Formerly little. 5. new content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
New content according to chapter I of O on May 21, 2008, in force since July 1. 2008 (RO 2008 2585).
Introduced by chapter I of O of 17 May 1995, in force since 1 sept. 1995 (RO 1995 3660).
New content of the title according to section I of the O on March 31, 1999, in force since May 1, 1999 (RO 1999 1443).
Introduced by chapter I of O of 17 May 1995, in force since 1 sept. 1995 (RO 1995 3660).
New content of the title according to section I of the O on March 31, 1999, in force since May 1, 1999 (RO 1999 1443).
Formerly title final. New content according to chapter I of O of 17 May 1995, in force since 1 sept. 1995 (RO 1995 3660).
RO 1986 1448 RO 2008 2585 State on September 1, 2014

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