Designs Ordinance (DesO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.
Section 1 Registration Procedure
Art. 8 Filing
1 The official form or a form approved by the IPI must be used for filing the application for registration. 2 If an application is filed that is otherwise formally valid and contains all the information required, the IPI may waive the requirement to submit the form.
Art. 8 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833).
Art. 9 Application for registration
1 The application for registration shall include: a. the application to register the design; b. the surname and first name or the company name and the address of the applicant; c. the number of designs included in the filing; d. a reference number for each filed design; e. at least one representation of each filed design; f. information about the products for which the designs are to be used; g. the surname, first name and domicile of the persons who created the design. 2 The application for registration must be supplemented, where applicable, with the following: a. the address for service of the applicant in Switzerland; abis. in the case of two or more applicants, the designation of the recipient in accordance with Article 4 paragraph 1 and their address for service where applicable; ater. the name and address of the representative, where applicable, and their address for service in Switzerland; b. the declaration of priority in accordance with Article 23 of the DesA; c. the applicat
Para. 1 let. g — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833). Para. 2 let. a — Amended by No I of the O of 11 May 2011, in force since 1 July 2011 (AS 2011 2245). Para. 2 let. abis — Inserted by No I of the O of 11 May 2011 (AS 2011 2245). Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833). Para. 2 let. ater — Inserted by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833).
Art. 10 Requirements for representations of the design and dimensions of a multiple application
1 The representations of the design must be suitable for reproduction. 2 A multiple application must not weigh more than 5 kg and may not exceed dimensions of 30cm in any direction, irrespective of the number of designs filed within the application.
Art. 11 Declaration of priority and priority document
1 The declaration of priority within the meaning of the Paris Convention of 20 March 1883 for the Protection of Industrial Property shall include the following information: a. the date of the first filing; b. the country in which the first filing was made; c. the countries for which the first filing was made. 2 The declaration of priority may relate to multiple first filings. 3 The priority document consists of a certificate of the first filing from the competent authority indicating the filing or registration number of the design. It may be submitted in English.
Para. 1 — SR 0.232.01, 0.232.02, 0.232.03, 0.232.04
Art. 12 Lapse of right to priority
The right to priority shall lapse where: a. the declaration of priority is not made at the time of filing the design; b. the priority document is not submitted within the time limit set by the IPI.
Art. 13 Priority document for Swiss first filings
The IPI will prepare a priority document for a Swiss first filing on request.
Art. 13 — Amended by No I of the O of 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4481).
Art. 14 Submission date for postal items
For postal items, the submission date is the date on which the item is delivered by Swiss Post to the IPI.
Art. 14 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833).
Art. 15 Formality examination
1 If the application for registration does not fulfil the formal requirements of Article 19 paragraph 1 and Article 20 of the DesA, as well as Article 9 and 10 of this Ordinance, the IPI shall set a time limit for the applicant to complete or correct the application. 2 If the applicant does not remedy the deficiency within the time limit, the IPI shall dismiss the application for registration in its entirety or in part.
Art. 16 Substantive examination
1 If there are grounds for refusal as defined in Article 4 letters a, d or e of the DesA, the IPI shall set a time limit for the applicant to remedy the deficiency. 2 If the applicant does not remedy the deficiency within the time limit, the IPI shall refuse the application for registration in its entirety or in part. The IPI may set further time limits in exceptional cases.
Para. 2 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833).
Art. 17 Registration fee
1 The registration fee must be paid within the time limit set by the IPI (Art. 19 para. 2 DesA). 2 The registration fee consists of: a. the basic fee; b. the publication fee, where applicable; [tab] c. and d. ... 3 ... 4 If the registration is to be published after expiry of the deferment period, the publication fee must be paid prior to publication.
Para. 2 let. tab — Repealed by No I of the O of 18 Oct. 2006, with effect from 1 Jan. 2007 (AS 2006 4481). Para. 3 — Repealed by No I of the O of 18 Oct. 2006, with effect from 1 Jan. 2007 (AS 2006 4481). Para. 4 — Amended by No I of the O of 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4481).
Art. 18 Registration and publication
1 If there are no grounds for dismissal or refusal and no deferment of publication has been requested, the IPI shall enter the design in the Register and publish the registration. 2 It will provide the right holder with confirmation of the registration.
Art. 18 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833).
Art. 19 Publication after deferment
1 The IPI may remind the right holder entered in the Register, or their representative, to pay the publication fee prior to the expiry of the deferment period. 2 If the publication of a two-dimensional design has been deferred in accordance with Article 26 of the DesA, and a specimen of the design has been submitted in lieu of a representation, the IPI may issue a reminder to the right holder entered in the Register, or to their representative, to submit at least one representation of the design. 3 In the case of multiple applications (Art. 20 DesA), protection may, on request, be renewed for individual designs after expiry of the deferment period. 4 If the publication fee is not paid by the last day of the deferment period, or if the required representations are not submitted two months at the latest prior to expiry of the deferment period, the IPI shall cancel the registration.
Para. 1 — Amended by No I of the O of 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4481). Para. 2 — Amended by No I of the O of 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4481).
Section 2 Renewal of Protection
Art. 20 Notification of expiry of the period of protection
The IPI may remind the right holder entered in the Register, or their representative, about the date of expiry and the possibility of renewal before the expiry of the period of protection. The IPI may also send such notifications abroad.
Art. 20 — Amended by No I of the O of 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4481).
Art. 21 Procedure
1 The application for renewal must be submitted to the IPI within the last twelve months preceding the expiry of the period of protection, but no later than six months after its expiry. 2 In the case of multiple applications (Art. 20 DesA), renewal of protection may be limited to individual designs. In this case, those designs for which renewal is requested must be clearly specified. 3 The renewal fee must be paid within the time limits under paragraph 1. If the fee is paid after the expiry of the period of protection, a surcharge must be paid. 4 The renewal takes effect on expiry of the previous period of protection. 5 The IPI shall provide the right holder with confirmation of the renewal of protection.
Para. 3 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833). The correction of 7 April 2025 concerns the French text only (AS 2025 230). Para. 5 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833).
Art. 21a Reimbursement of the renewal fee
If an application for renewal has been submitted and it does not result in the renewal of the term of protection, the renewal fee shall be reimbursed.
Art. 21a — Inserted by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833).