Extension of time limits and further processing of patent applications in Switzerland

Applicants can generally request an extension of the deadline set by the IGE/IPI, but statutory deadlines cannot be extended. If a statutory deadline is missed, the applicant may request further processing. The deadline set by the IGE/IPI may not be extended more than three times. A third extension will only be granted in exceptional circumstances.

For the first and second extensions, the deadline can be extended by 2 months. The request for extension does not require a signature and can be made via email.

The third extension of the deadline will depend on the specific circumstances of the case, that is, the severity of the grounds.

If the request for extension of time does not meet the requirements, such as lack of justification, etc., the IGE/IPI will set a 10-day grace period to allow the applicant to make corrections. If the IGE/IPI rejects the request for extension of time on substantive grounds, such as due to insufficient reasons, the IGE/IPI will not set a grace period but will directly decide on the matter.

The applicant needs to justify the request for an extension of the deadline. The IGE/IPI will grant the first and second extensions if there are good reasons. Good reasons are subjective reasons of the applicant that are not necessarily without the applicant's own fault (e.g. work overload, absence from vacation, large file, difficulties in contacting clients, etc.). The third extension will be granted if there are serious reasons. Serious reasons are objective reasons that prevent the applicant from complying with the time limit, i.e. due to no fault of the applicant himself (e.g. accident, serious illness or death of the right holder or his representative).

If the statutory deadline or the deadline set by the IGE/IPI is missed, the applicant can still request further processing in certain circumstances. The applicant must submit a request for further processing within 2 months of receipt of the notification, but no later than 6 months after the expiration of the deadline, perform all the missed actions within the time limit, and pay the further processing request fee.

However, a request for continued processing may not be made in the following circumstances:

• Deadlines not related to IPI
• Deadline for requesting continued processing
• Deadline for applying to re-establish rights
• Deadline for filing a patent application with a priority claim and declaration of priority
• Deadline for amending application documents
• Deadline for applying for the grant of a supplementary protection certificate
• The time limit stipulated in the regulations, failure to comply with which will result in no further processing

Re-establishment of rights: If the patent applicant can prove that he was unable to meet the time limits set by laws, regulations or the IP Office due to his own reasons, he can request the reinstatement of his rights. The request for reinstatement of rights must be filed within 2 months after the reasons have been eliminated, or at the latest within one year after the expiration of the time limit; at the same time, the omitted actions must also be completed. If the time limit for requesting the reinstatement of rights has expired, the rights cannot be reinstated.