Patent Attorney Act (PatAA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 2 Patent attorney
Any person who uses the title “patent attorney”, “Patentanwältin” or “Patentanwalt”, “conseil en brevets” or “consulente in brevetti” must: a. possess a recognised higher education qualification in natural sciences or engineering (Art. 4 and 5); b. have passed the Swiss Federal Patent Attorney Examination or a recognised foreign patent attorney examination (Art. 6 and 7); c. have completed practical training (Art. 9); d. possess at least an address for service in Switzerland; and e. be registered in the Patent Attorney Register (Art. 11 et seq.).
Art. 3 European patent attorney
Any person who uses the title “European patent attorney”, “europäische Patentanwältin” or “europäischer Patentanwalt”, “conseil en brevets européens” or “consulente in brevetti europei” must be registered in the list of professional representatives maintained by the European Patent Office.
Art. 4 Recognised Swiss higher education qualifications
1 Natural sciences or engineering degrees (Bachelor’s, Master’s, Diplom or Lizenziat) issued by an accredited Swiss higher education institution are considered to be recognised Swiss higher education qualifications in terms of this Act. 2 The Federal Council shall regulate the accreditation of Swiss higher education institutions.
Art. 5 Recognition of foreign higher education qualifications
1 A foreign higher education qualification in natural sciences or engineering is recognised where its equivalence to a recognised Swiss higher education qualification: a. is provided for in a treaty pertaining to mutual recognition with the respective state or supranational organisation; or b. is proven in an individual case. 2 The Federal Council shall designate the competent bodies for such recognition. It shall designate a single body where possible. 3 Where the competent bodies do not recognise a foreign higher education qualification, they shall decide how the requirement of Article 2 letter a may be fulfilled.
Art. 6 Swiss Federal Patent Attorney Examination
1 The Swiss Federal Patent Attorney Examination serves as proof of the specialised knowledge required for professional qualification. 2 The Federal Council shall regulate: a. the admission requirements for the examination; b. the content of the examination; c. the examination procedure. 3 It shall designate: a. the body competent for conducting the examination; b. the body competent for the supervision of the examination.
Art. 7 Recognition of foreign patent attorney examinations
1 A foreign patent attorney examination is recognised where its equivalence to the Swiss Federal Patent Attorney Examination: a. is provided for in a treaty pertaining to mutual recognition with the respective state or supranational organisation; or b. is proven in an individual case. 2 The Federal Council shall designate the competent body for such recognition. 3 Where the competent body does not recognise a foreign patent attorney examination, it shall decide how the requirements of Article 2 letter b may be fulfilled.
Art. 8 Delegation of tasks to organisations and persons of public or private law
1 The Federal Council may entrust organisations and persons of public or private law with: a. conducting the Swiss Federal Patent Attorney Examination; b. deciding on the recognition of foreign patent attorney examinations; c. issuing rulings concerning the passing of the Swiss Federal Patent Examination or the recognition of a foreign patent attorney examination. 2 The organisations and persons mentioned in paragraph 1 may levy fees for the rulings and services rendered by them. Their fee regulations are subject to approval by the Federal Council. 3 An objection may be filed with the State Secretariat for Education, Research and Innovation to rulings issued by the organisations and persons mentioned in paragraph 1.
Para. 3 — Term in accordance with No I 31 of the Ordinance of 15 June 2012 (Reorganisation of the Departments), in force since 1 Jan. 2013 (AS 2012 3655).
Art. 9 Practical training
1 Practical training as defined in Article 2 letter c must be completed under the supervision of a registered patent attorney (Art. 11 et seq.) or a person with an equivalent professional qualification. 2 The duration of practical training must amount to three years on a full-time basis for persons with a higher education qualification (Master’s, Diplom or Lizenziat degree) or a recognised equivalent qualification, and four years on a full-time basis for persons with a Bachelor’s degree or a recognised equivalent qualification. At least one year of the practical training must be related to Switzerland. 3 The Federal Council shall regulate the particulars, including: a. the objectives and content of the practical training; b. the requirements to be fulfilled by a supervisor who is not registered in the Patent Attorney Register; c. the requirements with regard to how the practical training is related to Switzerland in terms of territory and content.