Patents Act (PatA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 The Patent Application
A. Form of the application
I. In general
Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 49
1 Any person who wishes to obtain a patent for an invention must file a patent application with the IPI. 2 The patent application must contain: a. a request for the grant of a patent; b. a description of the invention and, where a claim is made for a sequence derived from a sequence or partial sequence of a gene, a specific description of the function it performs; c. one or more patent claims; d. the drawings to which the description or claims of the patent refer; e. an abstract. 3 …
Para. 2 let. b — Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 2 let. e — Amended by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1). Para. 3 — Repealed by Annex No 4 of the FA of 24 March 1995 on the Statute and Tasks of the Swiss Federal Institute of Intellectual Property, with effect from 1 Jan. 1996 (AS 1995 5050; BBl 1994 III 964).
II. Information on the source of genetic resources
Art. 49a
1 The patent application must contain information on the source: a. of the genetic resource to which the inventor or the patent applicant had access, provided the invention is directly based on this resource; b. of traditional knowledge of indigenous or local communities of genetic resources to which the inventor or the patent applicant had access, provided the invention is directly based on this knowledge. 2 If the source is unknown to the inventor or the patent applicant, the patent applicant must confirm this in writing.
Art. 49a — Inserted by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
B. Disclosure of the invention
I. In general
Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 50
1 The invention must be described in the patent application in such a manner that it can be carried out by a person skilled in the art. 2 …
Para. 1 — Amended by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1). Para. 2 — Repealed by No I of the FA of 17 Dec. 1976, with effect from 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1).
II. Biological material
Art. 50a
1 If an invention that relates to the manufacture or use of biological material cannot be sufficiently described, then the description must be completed by depositing a sample of the biological material and, in the description, by providing details of the essential characteristics of the biological material as well as a reference to the deposit. 2 If, in the case of an invention that relates to biological material as a product, the production process cannot be sufficiently described, then the description must be completed or replaced by depositing a sample of the biological material and, in the description, by a reference to the deposit. 3 The invention is deemed to be disclosed in accordance with Article 50 only if the sample of the biological material has been deposited at the latest on the filing date with a recognised depositary institution and the patent application as originally filed contains details of the biological material and reference to its deposit. 4 The Federal Council
Art. 50a — Inserted by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
C. Patent claims
I. Scope
Art. 51
1 The invention must be defined in one or more patent claims. 2 The claims of the patent shall determine the scope of protection conferred by the patent. 3 The description and drawings must be used to interpret the patent claims.
Art. 51 — Amended by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1).
II. Independent claims
Art. 52
1 Each independent claim may define one invention only, namely: a. a process; or b. a product, a means for performing a process or an apparatus; or c. an application of a process; or d. a use for a product. 2 A patent may contain several independent claims when they define a set of inventions that are linked to each other in such a way that they constitute a single overall inventive concept.
Art. 52 — Amended by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1).
Art. 53 and 54
Repealed by No I of the FA of 17 Dec. 1976, with effect from 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1).
III. Dependent claims
Art. 55
Special embodiments defined by an independent claim may be the subject of dependent claims.
Art. 55 — Amended by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1).
Art. 55a
Inserted by No I of the FA of 17 Dec. 1976 (AS 1977 1997; BBl 1976 II 1). Repealed by Annex No 4 of the FA of 24 March 1995 on the Statute and Tasks of the Swiss Federal Institute of Intellectual Property, with effect from 1 Jan. 1996 (AS 1995 5050; BBl 1994 III 964).
D. Abstract
Art. 55b
The abstract serves the sole purpose of providing technical information.
Art. 55b — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1).
E. Filing date
I. In general
Amended by Art. 2 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2677; BBl 2006 1).
Art. 56
1 The date of filing is the day on which the last of the following items are filed: a. an express or implied application for the grant of a patent; b. information allowing the identity of the patent applicant to be established; c. an item which appears to be a description. 2 For posted applications, the date of filing is the day on which it was given to the Swiss postal service for delivery to the IPI. 3 The Federal Council shall regulate the particulars, in particular the language in which the items under paragraph 1 must be filed, the date of filing and publication, whether a missing part of the description or the drawing may be filed afterwards, as well as the replacement of the description or the drawings with a reference to a patent application filed earlier.
Para. 1 let. c — Amended by Art. 2 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2677; BBl 2006 1). Para. 2 — Amended by Annex No 6 of the Postal Services Organisation Act of 30 April 1997, in force since 1 Jan. 1998 (AS 1997 2465; BBl 1996 III 1306). Para. 3 — Inserted by Art. 2 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2677; BBl 2006 1).
II. Division of the patent application
Art. 57
1 A patent application resulting from the division of an earlier application shall be given the same filing date as the earlier application: a. if, at the time of its filing, it is expressly designated as being a divisional application; b. if, at the time of filing of the divisional application, the earlier application was still pending; and c. insofar as its subject-matter does not extend beyond the content of the earlier application as originally filed. 2 …
Art. 57 — Amended by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1). Para. 2 — Repealed by Art. 2 of the FA of 22 June 2007, with effect from 1 July 2008 (AS 2008 2677; BBl 2006 1).
F. Modification of the technical documents
Art. 58
1 Until the examination procedure has been completed, the patent applicant must be given the opportunity to modify the technical documents on at least one occasion. 2 The technical documents may not be modified such that the subject-matter of the modified patent application extends beyond the content of the technical documents originally filed.
Art. 58 — Amended by Art. 2 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2677; BBl 2006 1).
G. Publication of patent applications
Art. 58a
1 The Institute shall publish patent applications: a. immediately after the expiry of a period of 18 months from the filing date or, if priority has been claimed, from the priority date; b. at the request of the applicant, before the expiry of the period specified in letter a. 2 The publication shall contain the description, the patent claims and, if applicable, the drawings, as well as the abstract, provided it is available for publication prior to completion of the technical preparations for publication, and if applicable, the report on the state of the art or the international-type search as specified in Article 59 paragraph 5. If the report on the state of the art or the international-type search as specified in Article 59 paragraph 5 is not published with the patent application, they shall be published separately.
Art. 58a — Inserted by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Section 2 The Examination Procedure
A. Subject-matter of the examination
Amended by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1).
Art. 59
1 If the subject-matter of the patent application does not fall within Articles 1, 1a, 1b and 2 or does so only in part, the IPI shall inform the patent applicant accordingly, stating the reasons, and shall set him a time limit within which to respond. 2 If the patent application does not meet the other requirements of this Act or the Ordinance, the IPI shall set a time limit for the patent applicant by which the deficiencies must be remedied. 3 … 4 The Institute shall not examine whether the invention is new or whether it is obvious having regard to the state of the art. 5 In return for the payment of a fee, the applicant may: a. instruct the IPI to provide a report on the state of the art within 14 months of the filing date, or, if priority has been claimed, of the priority date; or b. request the IPI to arrange an international-type search within 6 months of the filing date of a first filing. 6 If no clarification has been carried out in accordance with paragraph 5, any person entit
Para. 1 — Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 2 — Amended by No I of the FA of 17. Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1). Para. 3 — Repealed by No I of the FA of 17 Dec. 1976, with effect from 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1). Para. 4 — Amended by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1). Para. 5 let. b — Amended by No I of the FA of 22 June 2
B. Completion of the examination
Art. 59a
1 If the requirements for the grant of a patent are fulfilled, the IPI shall inform the patent applicant that the examination procedure has been completed. 2 … 3 The Institute shall reject the patent application if: a. the application has not been withdrawn even though a patent may not be granted for the reasons stated in Article 59 paragraph 1; or b. the deficiencies mentioned in Article 59 paragraph 2 have not been remedied.
Art. 59a — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1). Para. 2 — Repealed by Annex No 4 of the FA of 24 March 1995 on the Statute and Tasks of the Swiss Federal Institute of Intellectual Property, with effect from 1 Jan. 1996 (AS 1995 5050; BBl 1994 III 964).
Art. 59b
Inserted by No I of the FA of 17 Dec. 1976 (AS 1977 1997; BBl 1976 II 1). Repealed by No I of the FA of 22 June 2007, with effect from 1 July 2008 (AS 2008 2551; BBl 2006 1).
C. Opposition
Art. 59c
1 Within nine months of the publication of the entry in the Patent Register, any person may give notice of opposition to the IPI to a patent which has been granted by the latter. The notice of opposition must be filed in a written reasoned statement. 2 Opposition may only be filed on the grounds that the subject-matter of the patent is not patentable under Articles 1a, 1b and 2. 3 If the IPI finds in favour of the opposition in its entirety or in part, it may revoke the patent or maintain it as amended. The decision regarding an opposition is subject to appeal to the Federal Administrative Court. 4 The Federal Council shall regulate the particulars, in particular the procedure.
Art. 59c — Inserted by No I of the FA of 17 Dec. 1976 (AS 1977 1997; BBl 1976 II 1). Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 59d
Inserted by No I of the FA of 17 Dec. 1976 (AS 1977 1997; BBl 1976 II 1). Repealed by No I of the FA of 22 June 2007, with effect from 1 July 2008 (AS 2008 2551; BBl 2006 1).
Section 3 Patent Register; Publications by the IPI
Amended by Annex No 6 of the FA of 19 Dec. 2003 on Electronic Signatures, in force since 1 Jan. 2005 (AS 2004 5085; BBl 2001 5679).
A. Patent Register
Art. 60
1 The Institute shall grant the patent by registering it in the Patent Register. 1bis The Patent Register shall, in particular, contain the following particulars: number of the patent, classification symbol, title of the invention, date of filing, name and domicile of the proprietor of the patent and, where applicable, priority data, name and business address of the representative and name of the inventor. 2 Any modifications concerning the validity of the patent or the right to the patent must be entered in the Patent Register. 3 …
Para. 1 — Amended by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1). Para. 1bis — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1). Para. 3 — Repealed by No I of the FA of 22 June 2007, with effect from 1 July 2008 (AS 2008 2551; BBl 2006 1).
B. Publications
I. Concerning patent applications and registered p
Art. 61
1 The Institute shall publish: a. the patent application with the particulars listed in Article 58a paragraph 2; b. the registration of the patent in the Patent Register, with the particulars listed in Article 60 paragraph 1bis; c. the cancellation of the patent in the Patent Register; d. any modifications registered in the Register concerning the validity of the patent and the right to the patent. 2 … 3 The Institute shall determine the organ of publication.
Para. 1 let. d — Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 2 — Inserted by No I of the FA of 17 Dec. 1976 (AS 1977 1997; BBl 1976 II 1). Repealed by No I of the FA of 22 June 2007, with effect from 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 3 — Inserted by No I of the FA of 9 Oct. 1998 (AS 1999 1363; BBl 1998 1633). Amended by Annex No II 4 of the Designs Act of 5 Oct. 2001, in force since 1 July 2002 (AS 2002 1456; BBl 2000 2729).
Art. 62
Repealed by No I of the FA of 22 June 2007, with effect from 1 July 2008 (AS 2008 2551; BBl 2006 1).
II. Patent specification
Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 63
1 The Institute shall publish a patent specification for each patent granted. 2 This shall contain the description, the patent claims, the abstract, the drawings if any, and the particulars recorded in the Register (Art. 60 para. 1bis).
Art. 63 — Amended by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1). Para. 1 — Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 63a
Inserted by No I of the FA of 17 Dec. 1976 (AS 1977 1997; BBl 1976 II 1). Repealed by No I of the FA of 22 June 2007, with effect from 1 July 2008 (AS 2008 2551; BBl 2006 1).
C. Patent certificate
Art. 64
1 As soon as the patent specification is ready for publication, the IPI shall issue a patent certificate. 2 This consists of an attestation confirming the legal conditions for obtaining a patent have been met and a copy of the patent specification.
D. Inspection of the dossier
Art. 65
1 Following publication of the patent application, any person may inspect the dossier. The Federal Council may restrict the right of inspection only if manufacturing or trade secrets or other overriding interests so require. 2 The Federal Council shall regulate the cases in which inspection of the dossier is permitted prior to the publication of the patent application. It shall also regulate, in particular, the inspection of patent applications that were rejected or withdrawn before publication.
Art. 65 — Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
E. Electronic administrative communication
Art. 65a
1 The Federal Council may authorise the IPI to regulate electronic communication in accordance with the general provisions on the administration of federal justice. 2 The dossier and the files may be maintained and stored in electronic form. 3 The Patent Register may be maintained in electronic form. 4 The Institute may make its data accessible, particularly online, to third parties; it may demand remuneration for this service. 5 The Institute's publications may be produced in electronic form; the electronic version, however, shall only be authoritative if the data is published exclusively in electronic form.
Art. 65a — Inserted by Annex No 6 of the FA of 19 Dec. 2003 on Electronic Signatures, in force since 1 Jan. 2005 (AS 2004 5085; BBl 2001 5679).