PCT Applicant's Guide Switzerland EQE - Valid as from 31 Oct 2024

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2024, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: Swiss Federal Institute of Intellectual Property

PatG: Federal Law on Patents for Inventions

PatV: Ordinance on Patents for Inventions

List of currencies used in this document:

CHF (Swiss franc)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Switzerland

Two-letter code:

Name of Office:

Swiss Federal Institute of Intellectual Property

Location:

Stauffacherstrasse 65/59g
CH-3003 Bern
Switzerland

Mailing address:

Same as above

Telephone:

(41-31) 377 77 77

E-mail:

info@ipi.ch

Website:

http://www.ige.ch

Facsimile:

None

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

For applications filed at their Office on or after 1 December 2023.

Yes the office is prepared to allow applicants to make national patent applications available to the WIPO DAS

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

CH,

EP,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

National protection: CH (refer to National Phase)

European patent: EP (refer to National Phase)

Types of protection available via the PCT:

National: Patents

European: Patents

Payment methods accepted by the Office:

Payment by invoice or current account with the Office.

Availability under the national law for an international-type search (PCT Article 15):

Sections 126 and 127 of the 1978 Patent Regulations

Provisional protection after international publication:

Where the designation is made for the purposes of a national patent:

The published international patent application gives the applicant, after the granting of the patent, the right to bring an action for damages. The injured party may invoke the damages caused by the defendant as from the time at which the latter became aware of the contents of the international application, but at the latest as from the date of publication of the application by the International Bureau (Law of 25 June 1954, as amended on 17 December 1976, Sec. 137 in relation with Sec. 111)

If the international application has not been published in a Swiss official language, the date to be taken into consideration for the claim of damages is that on which the applicant communicated to the defendant a translation of the claims in a Swiss official language, or made the translation available to the public through the intermediary of the Swiss Federal Institute of Intellectual Property (Law of 25 June 1954, as amended on 17 December 1976, Sec. 137 in relation with Sec. 112).

Where the designation is made for the purposes of a European patent:

The published international application gives the applicant, after the granting of the European patent, the right to bring an action for damages; however, any national requirements relating to the translation of the claims in the application must be met

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

May be in the request or may be furnished within the time limit applicable under PCT Article 22 or 39(1); however, continuation of the procedure may be requested in case of failure to observe that time limit

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

For a European patent

Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

CH,

Language in which international applications may be filed:

English,

French,

German

Language accepted for language-dependent free text in the sequence listing:

English,

French,

German,

or English and another filing language

Language in which the request may be filed:

English,

French,

German

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).

For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 15 June 2017, pages 89 et seq. and 10 November 2022, pages 298 et seq.

Yes, the Office accepts electronic filing via ePCT-Filing

Does the receiving Office accept the submission of pre-conversion documents and, if yes, in which format (Section 706 of the PCT Administrative Instructions)?

Yes, any format

Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?

Yes

Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies the “due care” criterion to such requests

Competent International Searching Authority:

Competent International Preliminary Examining Authority:

Fees payable to the RO:

Transmittal fee:

100 CHF

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

1,330 CHF

Fee per sheet in excess of 30:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

15 CHF

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

200 CHF

Electronic filing (the request, description, claims and abstract in character coded format):

300 CHF

Search fee:

Refer to
Annex D(EP)

Fee for priority document (PCT Rule 17.1(b)):

None

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

500 CHF

Is an agent required by the receiving Office?

Who can act as agent?

Any natural or legal person resident in Switzerland or having an address for service in Switzerland.

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

None

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

None

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

None

— any additional indications:

None

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

None

Additional information

Deposits may also be made for the purposes of patent procedure before the Swiss Federal Institute of Intellectual Property with FIB, IFO and IAM (https://www.ige.ch/). The furnishing of samples to a third party may be subject to the condition that that party indicates to the depositary institution its name and address for the purpose of information of the depositor and undertakes:
(a) not to make available the deposited culture or a culture derived from it to a third party;
(b) not to use the culture outside the purview of the law;
(c) to produce, in case of a dispute, evidence that the obligations under items (a) and (b) have not been violated.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

Does the Office permit reinstatement of rights (PCT Rule 49.6)?

Yes, the Office permits reinstatement of rights under the “due care” criterion.

Reinstatement fee

500 CHF

Translation of international application required into (one of) the following language(s):

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

French,

German,

Italian

Required contents of the translation for entry into the national phase:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

Does the Office accept color drawings under its national law?

National fees:

Must be paid within three months from the date of filing.

Filing fee

200 CHF

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

Name and address of the inventor if they have not been furnished in the “Request” part of the international application

Must be furnished within the time limit applicable under PCT Article 22 or 39(1); however, continuation of the procedure may be requested in case of failure to observe that time limit.

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Address for service in Switzerland or appointment of an agent if the applicant is not resident in Switzerland or Liechtenstein

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Who can act as agent?

Where the applicant has neither a residence nor a principal place of business in Switzerland, an address for service in Switzerland must be indicated (article 13 of the Federal Law on Patents for Inventions (PatG) within the time limit set out in paragraph 1 of article 124 of the Ordinance on Patents for Inventions (PatV). If no address for service is indicated within that time limit, the Office will allow an extension of two months to do so. The application will be refused in case of non-observation of that time limit.

Does the Office accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?

Yes

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies the “due care” criterion to such requests

The procedure in the national Phase

CH.01 EFFECT OF A DESIGNATION OF SWITZERLAND OR LIECHTENSTEIN

Under the Patent Treaty between Switzerland and Liechtenstein only a unitary patent for the two States can be granted; in an international application, therefore, the designation of either State automatically has the effect of the designation of both States, which cannot be designated independently from each other.

CH.02 LANGUAGE OF PROCEEDINGS

PatG Sec. 131(2), PatV Art. 4(1), PatV Art. 4(3), PatV Art. 4(4)
The language of proceedings is one of the official languages (French, German or Italian). If the international application has been filed in French or German, the language of proceedings is French or German, as the case may be; if not, the language of the translation which is furnished to the Office under PCT Article 22 or 39(1) is the language of proceedings. The language of proceedings cannot be changed. Written matter other than the text of the application is usually accepted in any of the official languages, but the Office reserves the right to request a translation into the language of proceedings.

CH.03 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003). If the translation furnished to the Office is not complete, the Office will invite the applicant to furnish the missing part and will excuse the late furnishing.

CH.04 NAME AND ADDRESS OF THE INVENTOR; DECLARATION OF INVENTORSHIP

PatG Sec. 138, PatV Art. 34, PatV Art. 124(1)
If the name and address of the inventor have not already been furnished in the “Request” part of the international application, the applicant must furnish the inventor’s name and address and make a declaration of inventorship on the form reproduced in Annex CH.II. Certification is not required. The declaration of inventorship must be written in or translated into one of the official languages (French, German or Italian) or in English. For time limits, refer to the Summary.

CH.05 ADDRESS FOR SERVICE

PatG Sec. 13, PatV Art. 124
Where the applicant has neither a residence nor a principal place of business in Switzerland, an address for service in Switzerland must be indicated (article 13 of the Federal Law on Patents for Inventions (PatG) within the time limit set out in paragraph 1 of article 124 of the Ordinance on Patents for Inventions (PatV). If no address for service is indicated within that time limit, the Office will allow an extension of three months to do so. The application will be refused in case of non-observation of that time limit.

CH.06 APPOINTMENT OF AN AGENT

PatV Art. 124(3)
A list of agents is available on the website of the Swiss Federal Institute of Intellectual Property at: https://www.ige.ch/en/service/patent-attorneys/patent-attorney-register.html

CH.07 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex CH.I.

CH.08 CLAIMS FEE

PatG Sec. 41, PatV Art. 31(a)
The claims fee is due before the start of substantive examination, on invitation and within a time limit fixed by the Office. The ten first claims made in a patent application are exempted of any fees; a claims fee is due for each supplementary claim. For the amount of the claims fee, refer to Annex CH.I.

CH.09 ANNUAL FEES

PatG Sec. 41, PatV Art. 18
They are payable for the fourth and each subsequent year following the international filing date. The payment of the first annual fees is due on the last day of the month in which falls the fourth anniversary (48 months) of the international filing date. Thereafter, payment must be made within six months from the last day of the month in which falls the anniversary of the international filing date; a supplement for late payment must be paid if the fee is paid during the last three months. For the amounts, refer to Annex CH.I.

CH.10 EXAMINATION FEE

PatG Sec. 41, PatV Art. 61a
This fee must be paid for each international application. It is due before the start of the examination as to substance, on invitation and within the time limit fixed by the Office. Where a request to postpone the examination as to substance has been made before the invitation or is made within the time limit for payment, that time limit is extended until the expiration of the postponement.

CH.11 AMENDMENT OF THE APPLICATION

PCT Art. 28, PatG Sec. 58(2), PatG Sec. 59a(1)
The applicant may amend the description, claims and drawings of the international application.

CH.12

PatG Sec. 58(2)
The subject matter of the amended application shall not exceed the scope of the application as originally filed.

CH.13 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an administrative appeal against this decision may be lodged with the Appeal Commission for Intellectual Property within 30 days from the date of receipt of the decision.

CH.14 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), 48(2)
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

CH.15

Continuation of the procedure may be requested where the applicant has failed to comply with a time limit prescribed by law or fixed by the Office. The request for continuation of the procedure must be presented within two months from the time when the applicant became aware of the failure to meet the time limit, but not later than six months from the expiration of the time limit which has not been observed. Additionally, the omitted act must be completed and the fee for continuation of the procedure must be paid within the same time limit. Continuation of the procedure is excluded in some cases provided for under PatG Section 46a and PatV Article 14, in particular for time limits for payment of the transmittal fee, the search fee and the international fee as well as for the time limit for election of States. Contrary to a request for reinstatement (refer to paragraph CH.16), the applicant is not required to prove that he was prevented, through no fault of his own, from complying with the time limit.

CH.16

PatG Sec. 47, PatV Art. 15
Reinstatement may be requested where the applicant, through no fault of his own, has failed to comply with a time limit during the international phase or before the Office. Reinstatement is excluded, however, where the missed time limit is the time limit for requesting reinstatement. The request for reinstatement must be presented within two months after removal of the cause of non-compliance with the time limit but not later than one year from the expiration of the time limit which has not been observed. Within these two months, the omitted act must be completed, the reinstatement fee (refer to Annex CH.I) must be paid and a statement of the facts on which the request is based must be furnished.

Annexes

Annex CH.I - Fees

Filing fee

200 CHF

Claims fee for each claim in excess of 10

50 CHF

Examination fee

500 CHF

Fee for accelerated examination procedure

200 CHF

Annual fees:

— for the 4^th year

100 CHF

— for the 5^th year

120 CHF

— for the 6^th year

140 CHF

— for the 7^th year

160 CHF

— for the 8^th year

180 CHF

— for the 9^th year

220 CHF

— for the 10^th year

260 CHF

— for the 11^th year

300 CHF

— for the 12^th year

340 CHF

— for the 13^th year

400 CHF

— for the 14^th year

460 CHF

— for the 15^th year

520 CHF

— for the 16^th year

600 CHF

— for the 17^th year

680 CHF

— for the 18^th year

760 CHF

— for the 19^th year

860 CHF

— for the 20^th year

960 CHF

Supplement for late payment of an annual fee

50 CHF

Fee for continuation of the procedure

100 CHF

Reinstatement fee

500 CHF

Fee for restoration of the right of priority

500 CHF

How can payment of fees be effected?

The payment of fees must be effected in Swiss francs. All payments must indicate the application number (national, if already known; international, if the national application number is not yet known), the name of the applicant and the category of fee being paid

According to the regulations on fees of the Swiss Federal Institute of Intellectual Property, payment may be effected:

(a) by debiting a current account opened with the Institute

(b) by payment or transfer to the postal check account of the Institute (No. 30-4000-1, code SWIFT POFICHBE, IBAN CH6809000000300040001)

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex CH.II - Declaration of inventorship

Annex CH.III - Power of attorney

Processing

CH - Switzerland
Swiss Federal Institute of Intellectual Property

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

CH - Switzerland Swiss Federal Institute of Intellectual Property

Error Information Warning Confirmation

CH - Switzerland
Swiss Federal Institute of Intellectual Property