WIPO - PCT Applicant's Guide CH - 瑞士
瑞士联邦知识产权局

    适用起自 2024年4月4日
    (发布 2024年8月8日)

    此版本最新变更汇总
    GENERAL INFO: Payment methods
    RO: Electronic filing, Incorporation by reference
    Summary of requirements for entry into the national phase: National phase, Restoration of the right of priority, Reinstatement of rights
    变更明细列表

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    Office: Swiss Federal Institute of Intellectual Property
    PatG: Federal Law on Patents for Inventions
    PatV: Ordinance on Patents for Inventions
    [MT] 本文档中使用的货币列表 :
    CHF (瑞士法郎)
    [MT] 国家和办事处信息 :
    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.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    The Office does not have any reservations, declarations, notifications or incompatibilities.
    Refer to the full list.
    [MT] 办公室关闭日期
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 缔约国：
    瑞士
    [MT] 两个字母代码 :
    CH
    [MT] 办公室名称:
    瑞士联邦知识产权局
    [MT] 地点：
    Stauffacherstrasse 65/59g
    CH-3003 Bern
    Switzerland
    [MT] 邮寄地址 :
    Same as above
    [MT] 电话：
    (41-31) 377 77 77
    [MT] 电子邮件：
    info@ipi.ch
    [MT] 网站地图
    [MT] 传真：
    None
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?
    不
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    不
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    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
    [MT] 由本国国民或居民提交的国际申请的主管接收局:
    CH,
    EP,
    IB
    [MT] 国家立法是否限制向外国局提交国际申请?
    Refer to the Office
    [MT] 为本国指定的主管(或选定的)办事处:
    National protection: CH (refer to National Phase)
    European patent: EP (refer to National Phase)
    [MT] 通过PCT 提供的保护类型:
    National: Patents
    European: Patents
    [MT] 办公室接受的付款方式:
    Payment by invoice or current account with the Office.
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    Sections 126 and 127 of the 1978 Patent Regulations
    [MT] 国际公布后的临时保护 :
    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
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    [MT] 发明人姓名和地址必须提供的时间:
    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
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定？
    Yes, refer to Annex L.
    [MT] 欧洲专利申请
    Refer to Annex B(EP)

    [MT] 附件C -- -- 接收办公室

    [MT] 主管接收办公室为国民和居民:
    CH,
    LI
    [MT] 国际申请可用语言提交:
    English,
    French,
    German
    [MT] 接受的语言 - 依赖于序列列表中的自由文本 :
    English,
    French,
    German,
    or English and another filing language
    [MT] 请求书可用语言提交:
    English,
    French,
    German
    Number of copies required by the receiving Office if the international application is filed on paper:
    1
    [MT] 接收局是否接受以电子形式提交国际申请?
    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
    [MT] 接收局是否接受转换前文件的提交,如果接受,采用何种格式(PCT行政指示第706条 )?
    Yes, any format
    [MT] 接受局是否接受以提及方式纳入 (PCT规则20.6 )?
    是的
    [MT] 接受局是否接受非正式提交彩色图纸并将其转交国际局?
    不
    [MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?
    Yes, the Office applies the “due care” criterion to such requests
    [MT] 国际主管查询机关 :
    EP
    [MT] 国际初步审查主管机关 :
    EP
    Fees payable to the RO:
    [MT] 传输费用 :
    100 CHF
    [MT] 国际申请费:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    1,330 CHF
    [MT] 超过30张的每张费用:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    15 CHF
    [MT] 减免(费用表,项目4) :
    [MT] 电子提交(以字符编码格式提交请求 ) :
    200 CHF
    [MT] 电子提交(请求书、说明书、权利要求书和摘要以字符编码格式提交 ) :
    300 CHF
    [MT] 搜索费用:
    Refer to
    Annex D(EP)
    [MT] 优先权文件费 (PCT规则17.1(b ) ) :
    None
    [MT] 申请恢复优先权的费用 (PCT规则26之二.3(d ) ) :
    500 CHF
    [MT] 接受局是否要求代理人?
    不
    [MT] 谁可以担任代理人?
    Any natural or legal person resident in Switzerland or having an address for service in Switzerland.
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 办公室是否已放弃提交单独授权书的要求?
    是的
    [MT] 需要另行授权的特殊情况:
    None
    [MT] 办公室是否已放弃提交一般授权书副本的要求?
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    None

    [MT] 附件L - 微生物和其他生物材料的存放

    [MT] 指定和选任办公室的要求
    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
    [MT] 时间(如果有) 早于 16 个月从优先权日,申请人必须提供:
    [MT] 规则13之二.3(a)㈠至㈢所规定的标记：
    None
    [MT] 任何其他说明：
    None
    [MT] 除第13条之二第3款(a)项(一)至(三)目规定的说明外,根据局通知必须提供的其他说明(如有 ) :
    None
    [MT] 其他资料
    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.

    [MT] 全国阶段

    [MT] 进入国家阶段的要求概要

    [MT] 进入国家阶段的适用时间限制:
    Under PCT Article 22(1): 30 months from the priority date
    Under PCT Article 39(1)(a): 30 months from the priority date
    [MT] 专利局是否允许恢复权利(PCT规则49.6 )?
    Yes, the Office permits reinstatement of rights under the “due care” criterion.
    Reinstatement fee
    500 CHF
    [MT] 国际申请必须翻译成以下语言之一:
    Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
    French,
    German,
    Italian
    [MT] 进入国家阶段的翻译必须具备以下内容:
    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)
    [MT] 在特殊情况下是否需要国际申请副本?
    不
    [MT] 局是否根据其国家法律 接受彩色图纸?
    不
    [MT] 国家费用 :
    Must be paid within three months from the date of filing.
    [MT] 申请费
    200 CHF
    [MT] 免除、减少或退还费用:
    None
    [MT] 局的特殊要求(PCT规则51之二 ) :
    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.
    [MT] 谁可以担任代理人?
    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.
    [MT] 局是否接受接收局恢复优先权的效力(PCT规则49之三.1 )?
    是的
    [MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?
    Yes, the Office applies the “due care” criterion to such requests

    [MT] 国家阶段的程序

    [MT] CH.01 指定瑞士或列支敦士登的效力
    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.
    [MT] CH.02 程序语文
    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.
    [MT] 翻译(更正)
    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 NP 6.002 and NP 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.
    [MT] 发明人姓名和地址;发明权声明
    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.
    [MT] CH.05 服务地址
    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.
    [MT] 第三章 代理人的任命
    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
    [MT] CH.07 费用(支付方式)
    The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex CH.I.
    [MT] CH.08 索赔费
    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.
    [MT] CH.09 年费
    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.
    [MT] CH.10 考试费用
    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.
    [MT] 申请书的修改
    PCT 条约 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.
    [MT] 根据《专利法》第25条进行复审
    PCT 条约 25,
    PCT 细则 51

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 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.
    [MT] 会议时间限制延误的理由
    PCT 条约 24(2),
    48(2)

    Reference is made to paragraphs NP 6.022 to NP 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.

    [MT] 附件 1

    [MT] 附件CH.I - 收费
    [MT] 申请费
    200 CHF
    [MT] 超过10件的每件索赔的索赔费
    50 CHF
    [MT] 考试费
    500 CHF
    [MT] 快速审查程序的费用
    200 CHF
    [MT] 年费:
    [MT] 为第四年
    100 CHF
    [MT] 为第五年
    120 CHF
    [MT] 为第六年
    140 CHF
    [MT] 为第7年
    160 CHF
    [MT] 为第8年
    180 CHF
    [MT] 为第9年
    220 CHF
    [MT] － 第十年
    260 CHF
    [MT] 为第11年
    300 CHF
    [MT] 12年的
    340 CHF
    [MT] 为第13年
    400 CHF
    [MT] 为第14年
    460 CHF
    [MT] － 第15年
    520 CHF
    [MT] 为第16年
    600 CHF
    [MT] 为第17年
    680 CHF
    [MT] 为第18年
    760 CHF
    [MT] 为第19年
    860 CHF
    [MT] 第二十年
    960 CHF
    [MT] 逾期缴纳年费的补偿
    50 CHF
    [MT] 继续程序的费用
    100 CHF
    [MT] 恢复费
    500 CHF
    [MT] 恢复优先权的费用
    500 CHF
    [MT] 如何支付费用?
    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)
    (c) by cash payment
    [MT] 表格
    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
    Current version applicable from 2024年4月4日 , printed on 2026年2月16日
    2.2 #71 - 2026-02-10T18:40:34.131+01:00