Patents Act (PatA)
Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997, 1978 550; 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, 1978 550; BBl 1976 II 1).
Scope of the Act; Relation to the Patent Cooperati
Art. 131
1 This Title applies to international applications under the Patent Cooperation Treaty of 19 June 1970, for which the IPI acts as Receiving Office, Designated Office or Elected Office. 2 The other provisions of this Act apply except where the Patent Cooperation Treaty or this Title provide otherwise. 3 The text of the European Patent Convention that binds Switzerland takes precedence over this Act.
Art. 131 — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997, 1978 550; BBl 1976 II 1). Para. 1 — SR 0.232.141.1 Para. 1 — Amended by No I of the FA of 3 Feb. 1995, in force since 1 Sept. 1995 (AS 1995 2879; BBl 1993 III 706).
Section 2 Applications filed in Switzerland
Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997 1978 550; BBl 1976 II 1).
A. Receiving Office
Art. 132
The Institute acts as Receiving Office under Article 2 of the Patent Cooperation Treaty in respect of international applications filed by Swiss nationals or persons having their principal place of business or domicile in Switzerland.
Art. 132 — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997, 1978 550; BBl 1976 II 1).
B. Procedure
Art. 133
1 The Patent Cooperation Treaty, supplemented by this Act, applies to the procedure before the IPI acting as Receiving Office. 2 In addition to the fees prescribed by the Patent Cooperation Treaty, the international application shall give rise to the payment of a transmittal fee collected by the IPI. 3 Article 13 does not apply.
Art. 133 — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997, 1978 550; BBl 1976 II 1).
Section 3 Applications designating Switzerland; El
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 3 Feb. 1995, in force since 1 Sept. 1995 (AS 1995 2879; BBl 1993 III 706).
A. Designated Office and Elected Office
Art. 134
The Institute acts as Designated Office and Elected Office under Article 2 of the Patent Cooperation Treaty in respect of international applications which seek protection for an invention in Switzerland, where such applications do not have the effect of a European patent application.
Art. 134 — 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 3 Feb. 1995, in force since 1 Sept. 1995 (AS 1995 2879; BBl 1993 III 706).
B. Effects of the international application
I. Principle
Art. 135
An international application for which the IPI acts as Designated Office has the same effect in Switzerland as a Swiss patent application filed in due form with the IPI if a filing date has been assigned to it.
Art. 135 — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997, 1978 550; BBl 1976 II 1).
II. Right of Priority
Art. 136
The right of priority under Article 17 may also be claimed for an international application if the first application has been filed in Switzerland or only in respect of Switzerland.
Art. 136 — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997, 1978 550; BBl 1976 II 1).
III. Provisional protection
Art. 137
Articles 111 and 112 of this Act apply by analogy to international applications published under Article 21 of the Patent Cooperation Treaty for which the IPI is the Designated Office.
Art. 137 — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997, 1978 550; BBl 1976 II 1).
C. Formal requirements
Art. 138
Within 30 months of the filing or priority date, the applicant must: a. provide written confirmation of the name of the inventor; b. provide information on the source (Art. 49a); c. pay the filing fee; d. file a translation in an official Swiss language, provided the international application is not made in such a language.
Art. 138 — 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).
D. …
Art. 139
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).
E. Prohibition of double patenting
Art. 140
1 Where, in respect of one and the same invention, two patents having the same priority date have been granted to the same inventor or to his successor in title, the patent resulting from the national application ceases to have effect as of the date of the grant of the patent resulting from the international application, irrespective of whether the priority of the national application is claimed for the patent resulting from the international application or whether the priority of the international application is claimed for the patent resulting from the national application. 2 Article 27 applies accordingly.
Art. 140 — Inserted by No I of the FA of 17 Dec. 1976, in force since 1 June 1978 (AS 1977 1997, 1978 550; BBl 1976 II 1).