Patents Act (PatA)
Amended by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 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.
A. Implementing measures
Art. 141
1 The Federal Council shall take the necessary measures to implement this Act.2 It may, in particular, enact regulations on the formation of the examining sections and opposition divisions, on the scope of their business and procedures as well as on time limits and fees.
Inserted by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1). Amended by Annex No 23 of Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
B. Transition from the old to the new law
I. Patents
Art. 142
Patents that have not yet lapsed when the Amendment to this Act of 22 June 2007 comes into force are subject to the new law from that date. Grounds for nullity continue to be governed by the previous law.
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). Second sentence inserted by Annex No 3 of the Patent Attorney Act of 20 March 2009, in force since 1 July 2011 (AS 2011 2259; BBl 2008 407).
II. Patent applications
Art. 143
1 Patent applications that are pending when the Amendment to this Act of 22 June 2007 comes into force are subject to the new law from that date.2 However, the following are also governed by the previous law:a. non-prejudicial disclosures at international exhibitions;b. patentability, if the requirements are more favourable under the previous law.
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. 144
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 Repealed by No I of the FA of 22 June 2007, with effect from 1 July 2008 (AS 2008 2551; BBl 2006 1).
III. Liability under civil law
Art. 145
1 Liability under civil law is regulated by the provisions in force at the time of the act concerned.2 Article 75 and Article 77 paragraph 5 apply only to licence agreements that have been concluded or confirmed after the Amendment to this Act of 22 June 2007 comes into force.
Inserted by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997; BBl 1976 II 1). Inserted by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
C. Supplementary protection certificates for plant
I. Authorisation prior to entry into force
Art. 146
1 A supplementary protection certificate may be granted for any product which, on the Amendment to this Act of 9 October 1998 coming into force, is protected by a patent and for which an authorisation to place it on the market in accordance with Article 140b was granted after 1 January 1985.2 The application for the grant of a certificate must be filed within the six months of the Amendment to this Act of 9 October 1998 coming into force. In the event that the time limit is not met, the IPI shall refuse the application.
Inserted by No I of the FA of 3 Feb. 1995 (AS 1995 2879; BBl 1993 III 706). Amended by No I of the FA of 9 Oct. 1998, in force since 1 May 1999 (AS 1999 1363; BBl 1998 1633). AS 1999 1363
II. Lapsed patents
Art. 147
1 Certificates may also be granted on the basis of patents that have lapsed at the end of their maximum term between 8 February 1997 and the Amendment to this Act of 9 October 1998 coming into force.2 The term of protection of the certificate is calculated in accordance with Article 140e; its effects do not begin until the publication of the application for the grant of a certificate.3 The application must be filed within two months of the Amendment to this Act of 9 October 1998 coming into force. In the event that the time limit is not met, the IPI shall refuse the application.4 Article 48 paragraphs 1, 2 and 4 apply correspondingly for the time period between the lapse of the patent and the publication of the application.
Inserted by No I of the FA of 3 Feb. 1995 (AS 1995 2879; BBl 1993 III 706). Amended by No I of the FA of 9 Oct. 1998, in force since 1 May 1999 (AS 1999 1363; BBl 1998 1633). AS 1999 1363
D. Transitional provisions on the Amendment to the
Art. 148
1 No translation of the patent specifications under Article 113 paragraph 1 is required for European patents which are not published in one of the official Swiss languages if the mention of the grant of the European patent, or in the case of the maintenance of the patent in amended form the publication of the decision regarding an opposition, or in the case of a limitation of the patent the mention of the limitation has been published in the European Patent Bulletin less than three months prior to the Amendment to this Act of 16 December 2005 coming into force.2 Articles 114 and 116 also apply after the Amendment to this Act of 16 December 2005 comes into force to translations which have either been sent to the defendant in accordance with Article 112, or made public by the IPI or which have been submitted to the IPI under Article 113.
Inserted 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, in force since 1 May 2008 (AS 2008 1739; BBl 2005 3773). AS 1977 1997 AS 1977 1997, 1999 1363 AS 1977 1997 AS 1977 1997, 1999 1363 AS 1977 1997, 1995 2879, 2007 6479
E. Transitional provisions to the amendment of 18
Art. 149
1 For a period of five years after the amendment of 18 March 2016 to this Act comes into force, the application for renewal of the term of protection of a certificate may be submitted no later than six months before its expiry.2 For a period of five years after this amendment comes into force, the application for a paediatric certificate may be made at the latest six months before the end of the maximum term of the patent.3 If the authorisation (Art. 9 TPA) of a medicinal product containing the product (Art. 140n para. 1 introductory sentence and 140t para. 1 introductory sentence) is applied for within six months of this amendment coming into force, then Articles 140n paragraph 1 letter b and 140t paragraph 1 letter b do not apply.Commencement date: 1 January 1956Art. 89 para. 2, 90 para. 2 and 3, 91 para. 2 and 3, 96 para. 1 and 3, 101 para. 1, 105 para. 3: 1 October 1959
Inserted by Annex No 2 of the FA of 18 March 2016, in force since 1 Jan. 2019 (AS 2017 2745, 2018 3575; BBl 2013 1). AS 2017 2745 SR 812.21 FCD of 18 Oct. 1955. FCD of 8 Sept. 1959 (RU 1995 861).