Patents Act (PatA)
Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997; BBl 1976 II 1).
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 Applicable Law
Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997; BBl 1976 II 1).
Scope of the Act; Relation to the European Patent
Art. 109
1 This Title applies to European patent applications and European patents with effect in Switzerland. 2 The other provisions of this Act apply except where the Convention of 5 October 1973 on the Grant of European Patents (European Patent Convention) or this Title provides otherwise. 3 The text of the European Patent Convention that binds Switzerland takes precedence over this Act.
Art. 109 — 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 — [AS 1977 1711, 1979 621 Art. 1, 1995 4187, 1996 793, 1997 1647 Art. 1, 2007 3673 Art. 1 3674 Art. 1]. See now: The European Patent Convention, revised in Munich on 29 November 2000 (SR 0.232.142.2).
Section 2 Effects of the European Patent Applicati
Inserted by No I of the FA of 17 Dec. 1976 (AS 1977 1997; BBl 1976 II 1). Amended by Art. 2 of the FD of 16 Dec. 2005 on the approval of the Act to Revise the European Patent Convention and on the Amendment of the Patents Act, in force since 13 Dec. 2007 (AS 2007 6479; BBl 2005 3773).
A. Principle
I. Effects
Amended by Art. 2 of the FD of 16 Dec. 2005 on the approval of the Act to Revise the European Patent Convention and on the Amendment of the Patents Act, in force since 13 Dec. 2007 (AS 2007 6479; BBl 2005 3773).
Art. 110
European patent applications for which a filing date has been assigned and European patents have the same effect in Switzerland as patent applications filed in due form with the IPI and patents granted by this Institute.
Art. 110 — 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. Modifications concerning the validity of the p
Art. 110a
A modification concerning the validity of a European patent due to a final decision resulting from a procedure before the European Patent Office has the same effect as a final judgment in a procedure in Switzerland.
Art. 110a — Amended by Art. 2 of the FD of 16 Dec. 2005 on the approval of the Act to Revise the European Patent Convention and on the Amendment of the Patents Act, in force since 13 Dec. 2007 (AS 2007 6479; BBl 2005 3773).
B. Provisional protection conferred by a European
Art. 111
1 Published European patent applications do not confer on the applicant the protection conferred by Article 64 of the European Patent Convention. 2 However, the injured party may, in an action for damages, claim the loss or damage caused by the defendant from the moment at which the latter became aware of the content of the European patent application, but at the latest from the date of publication of the application by the European Patent Office.
Art. 111 — 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. 112–116
Repealed by Art. 2 of the FD of 16 Dec. 2005 on the Approval of the Agreement on the Application of Article 65 of the European Patent Convention and on the Amendment of the Patents Act, with effect from 1 May 2008 (AS 2008 1739; BBl 2005 3773).
Section 3 Administration of the European Patent
Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997; BBl 1976 II 1).
A. Register for European patents
Art. 117
As soon as the mention of the grant of the European patent has been published in the European Patent Bulletin, the IPI shall record it in the Swiss Register of European Patents along with the particulars noted in the European Patent Register.
Art. 117 — Amended by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997; BBl 1976 II 1).
B. Publications
Art. 118
The Institute shall publish registrations made in the Swiss Register of European Patents.
Art. 118 — Amended by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997; BBl 1976 II 1).
Art. 119
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).
Art. 120
Inserted by No I of the FA of 17 Dec. 1976 (AS 1977 1997; BBl 1976 II 1). Repealed by Annex No 3 of the Patent Attorney Act of 20 March 2009, with effect from 1 July 2011 (AS 2011 2259; BBl 2008 407).
Section 4 Conversion of the European Patent Applic
Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997; BBl 1976 II 1).
A. Grounds for conversion
Art. 121
1 The European patent application may be converted into a Swiss patent application: a. in the case provided for in Article 135 paragraph 1 letter a of the European Patent Convention; b. in the case of failure to observe the time limit in accordance with Article 14 paragraph 2 of the European Patent Convention, where the original application was filed in Italian; c. … 2 …
Art. 121 — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997; BBl 1976 II 1). Para. 1 let. a — Amended by Art. 2 of the FD of 16 Dec. 2005 on the approval of the Act to Revise the European Patent Convention and on the Amendment of the Patents Act, in force since 13 Dec. 2007 (AS 2007 6479; BBl 2005 3773). Para. 1 let. c — Repealed by No I of the FA of 22 June 2007, with effect from 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 2 — Repealed by No I of the FA of
B. Legal effects
Art. 122
1 Where the request for conversion is filed in due form and sent in good time to the IPI, the patent application is deemed to have been filed on the date of filing of the European patent application. 2 The documents accompanying the European patent application or European patent that were filed with the European Patent Office are deemed to have been filed at the same time with the IPI. 3 The rights attached to the European patent application remain valid.
Art. 122 — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997; BBl 1976 II 1).
C. Translation
Art. 123
Where the language in which the original text of the European patent application is written is not an official Swiss language, the IPI shall allow the patent applicant a time limit within which to file a translation in an official Swiss language.
Art. 123 — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997; BBl 1976 II 1).
D. Reservation of the European Patent Convention
Art. 124
1 The provisions in force for Swiss patent applications apply to the patent application arising from the conversion, subject to Article 137 paragraph 1 of the European Patent Convention. 2 The claims of a patent application resulting from the conversion of a European patent may not be drafted in such a way that the extent of protection conferred by the patent is extended.
Art. 124 — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997; BBl 1976 II 1).
Section 5 Provisions for Protection under Civil an
Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997; BBl 1976 II 1).
A. Prohibition of double patenting
I. Precedence of the European patent
Art. 125
1 Where, for one and the same invention, a Swiss patent and a European patent with effect in Switzerland have been granted to the same inventor or to his successor in title with the same filing or priority date, the Swiss patent has no further effect as from the date on which: a. the opposition period against the European patent has expired without an opposition being filed; or b. the European patent has been maintained in opposition proceedings by final decision. 2 Article 27 applies by analogy.
Art. 125 — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997; BBl 1976 II 1).
II. Precedence of the patent arising from the conv
Art. 126
1 Where, for one and the same invention, a patent resulting from a Swiss or international patent application (Art. 131 et seq.) and a patent resulting from a converted European patent application have been granted to the same inventor or to his successor in title with the same filing or priority date, the first patent has no further effect from the date on which the patent resulting from the converted European patent application was granted. 2 Article 27 applies by analogy.
Art. 126 — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997; BBl 1976 II 1).
B. Rules of procedure
I. Limitation of partial surrender
Art. 127
A partial surrender of the European patent may not be requested so long as opposition to this patent may be filed with the European Patent Office or a final decision has not yet been taken with regard to an opposition, a limitation or a revocation.
Art. 127 — Inserted by No I of the FA of 17 Dec. 1976 (AS 1977 1997; BBl 1976 II 1). Amended by Art. 2 of the FD of 16 Dec. 2005 on the approval of the Act to Revise the European Patent Convention and on the Amendment of the Patents Act, in force since 13 Dec. 2007 (AS 2007 6479; BBl 2005 3773).
II. Suspension of proceedings
a. Civil litigation
Art. 128
The court may suspend proceedings, and in particular defer judgment where: a. the European Patent Office has not yet taken a final decision on a limitation or revocation of the European patent; b. the validity of the European patent is disputed and one party provides evidence that opposition may still be filed with the European Patent Office or that a final decision has not yet been taken with regard to an opposition; c. the European Patent Office has not yet taken a final decision regarding a petition for review of the decision under Article 112a of the European Patent Convention.
Art. 128 — Inserted by No I of the FA of 17 Dec. 1976 (AS 1977 1997; BBl 1976 II 1). Amended by Art. 2 of the FD of 16 Dec. 2005 on the approval of the Act to Revise the European Patent Convention and on the Amendment of the Patents Act, in force since 13 Dec. 2007 (AS 2007 6479; BBl 2005 3773).
b. Criminal procedure
Art. 129
1 If, in the case under Article 86, the person under investigation pleads the nullity of the European patent as a defence, the court may allow him, insofar as opposition to the patent may still be filed with the European Patent Office or intervention in opposition proceedings is still permitted, an appropriate time limit for the filing of opposition or for intervention in opposition proceedings. 2 Article 86 paragraph 2 applies by analogy.
Art. 129 — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997; BBl 1976 II 1).
Section 6 Requests for Legal Cooperation by the Eu
Inserted by No 1 of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997; BBl 1976 II 1).
Transmitting authority
Art. 130
The Swiss Federal Institute of Intellectual Property shall receive requests for legal cooperation by the European Patent Office and transmit them to the competent authority.
Art. 130 — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997; BBl 1976 II 1).