Guide for Swiss Patent Application Process

Patent Trademark

Switzerland Profile

Switzerland, officially known as the Swiss Confederation, is a federal republic located in Europe. Switzerland has 26 cantons and is a federal council republic. Its federal agency is located in Bern, so the city is called the Federal City. The country is located in central and western Europe, bordering Italy to tRead more

Switzerland Profile

Switzerland, officially known as the Swiss Confederation, is a federal republic located in Europe. Switzerland has 26 cantons and is a federal council republic. Its federal agency is located in Bern, so the city is called the Federal City. The country is located in central and western Europe, bordering Italy to the south, Austria and Liechtenstein to the east, France to the west, Italy to the south, and Germany to the north.

Swiss Intellectual Property Legal System

  • Federal Law on Patents for Inventions
  • Federal Design Protection Act
  • Federal Trademark and Designation of Origin Act
  • The Federal Act on the Protection of New Varieties of Plants
  • Federal Semiconductor Product Topology Protection Act

International Organization/Agreement

  • Singapore Treaty on the Law of Trademarks
  • Patent Law Treaty
  • WIPO Copyright Treaty
  • WIPO Performances and Phonograms Treaty
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • Trademark Law Treaty
  • Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
  • Brussels Convention on the Sending of Program Signals for Satellite Transmissions
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • Patent Cooperation Treaty
  • The Strasbourg Agreement on the International Patent Classification
  • Locarno Agreement Establishing an International Classification for Industrial Designs
  • "Convention Establishing the World Intellectual Property Organization"
  • Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
  • Hague Agreement Concerning the International Registration of Industrial Designs
  • Madrid Agreement on the International Registration of Marks
  • Madrid Agreement for the Repression of False or Deceptive Indications of Origin of Goods
  • Berne Convention for the Protection of Literary and Artistic Works
  • Paris Convention for the Protection of Industrial Property
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Filing Language
German
italian
French

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Swiss Federal Institute of Intellectual Property

English: Swiss Federal Institute of Intellectual Property, abbreviation: IGE/IPI

Website: Startseite - Eidgenössisches Institut für Geistiges Eigentum

Swiss Invention Patent Search: Swissreg - Institute for Intellectual Property

Filing Language: German/French/Italian

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and German/French/Italian Translation
  3. Viability Statement of Microorganism and German/French/Italian Translation
  4. Power of Attorney
  5. Certified Priority Document
  6. Declaration of Ownership/Certification of Employment/Assignment of Priority
  7. Assignment for Patent Right Transfer
  8. Notification issued by CNIPA notify the applicant the application has passed through the security review.

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and German/French/Italian Translation
  6. Viability Statement of Microorganism and German/French/Italian Translation
  7. Power of Attorney
  8. Declaration of Ownership/Certification of Employment/Assignment of Priority

  9. Assignment for Patent Right Transfer

     

20 years

  • via Paris Convention: 12 months from earliest priority date.
  • via Nationalization of PCT: 30 months from the earliest priority date.
  • Validation of European Patent in EPO member states: 3 months from the date of European patent grant

IGE/IPI conducts formality and substantive examinations for invention patent applications. The applicant does not need to file a separate request for substantive examination. Before commencing the substantive examination, IGE/IPI will send a notification for examination, which will indicate the deadline for payment of the prescribed fees. Granted Patents in Switzerland are automatically protected in Liechtenstein.

Novelty grace period applies if the invention is disclosed to the public within 6 months of the filing date or priority date.

3-5 years

  • Grant Fee: None.
  • Annuity: Annuity should be paid year by year starting from the 4th year from the filing date. The payment date can be the last day of the month where the application date is located. Overdue annual fees can be paid within a grace period of 6 months, and a penalty of 50.00 Swiss Francs must be paid at the same time.

Reinstatement of priority is accepted on grounds of "due care."

No

No

Name of Patent Office

Swiss Federal Institute of Intellectual Property

English: Swiss Federal Institute of Intellectual Property, abbreviation: IGE/IPI

Website: Startseite - Eidgenössisches Institut für Geistiges Eigentum

Swiss design patent search: Swissreg - Eidg. Institut für Geistiges Eigentum

Filing Language: German/French/Italian

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Power of Attorney
  2. Certified Priority Document
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer

The initial protection is 5 years, which can be renewed 4 times, each time for 5 years, and the maximum protection can be 25 years.

  • via Paris Convention : 6 months from earliest priority date.
  • Hague Agreement route: 6 months from earliest priority date.
  • via EU Community Design: 6 months from the earliest priority date.

IGE/IPI only conducts formality examination for design applications and will not conduct examination for novelty. Applicants may request a 30-month delay for publication.

Novelty grace period is available if the design is disclosed by the designer or the designer's representative within 12 months before filing the application with IGE/IPI.

  • Grant Fee: None
  • Annuity: Annuity should be filed every 5 years starting from the 5th year from the filing date.

1 year

No

No

Yes. It is allowed to include multiple designs in one design application.

发明专利、实用新型及外观设计进入国家申请流程
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