Existence of the right to patent, national and European patents, international patent application, acquisition and scope of rights, patents register, civil and criminal proceedings, opposition procedure for preliminary examinations, administrative remedies, etc.
Most recent amendments:
Heading preceding Article 60, and Article 65a, adopted 11 December 2003, entered into effect 1 January 2005 (RO 2004 5085): Amendments following the adoption of the Federal Law on Electronic Signature Certification (SCSE; FF 2003 7493) and the identical provisions on electronic communication with the Federal Intellectual Property Institute introduced in the Law on Topographies (Article 16a LTo), the Law on the Protection of Trademarks (Article 40 LPM), the Law on Designs (Article 26a LDes) and the Law on Patents for Inventions (Article 65a LBI). The related Ordinances, namely the Ordinance on Topographies (OTo), the Ordinance on the Protection of Trademarks (OPM), the Ordinance on Designs (ODes) and the Ordinance on Patents for Inventions (OBI), have been amended accordingly.
Article 2, adopted 19 December 2003, entered into effect 1 March 2005 (RO 2005 947): Amendment within the context of the modification of the Federal Law on Research Involving Embryonic Stem Cells (Stem Cell Research Law, LRCS).
Articles 46a, 59c (repealed), 76, 87, 106, 106a, and 141, adopted 17 June 2005, entered into effect 1 January 2007 (RO 2006 2197): Repealed following the complete overhaul of the regulations governing organization and procedure before the Federal Court.
Articles 1, 7c, 7d, 17, 24, 28a and 46a, heading preceding Article 110, and Articles 110, 110a, 113, 121, 127, and 128, adopted by Federal Order of 16 December 2005; legislative amendment entered into effect 13 December 2007 (RO 2007 6479; FF 2005 3569): Amendments required following the approval of two instruments concerning the European patent system and constituting the first part of the general revision of the Law on Patents:
- Act of 29 November 2000 revising the Convention on the Grant of European Patents of 5 October 1973 (Act revising the EPC); and
- Agreement of 17 October 2000 on the Application of Article 65 of the Convention on the Grant of European Patents (EPC Language Agreement).
These two instruments update the European patent system while leaving its foundations intact. They establish the conditions that will allow the system to meet current and future demands and expectations. Both instruments were negotiated in 2000 and signed by Switzerland that same year.
Articles 112 to 116, and 148, adopted 16 December 2005, entered into effect 1 May 2008
(RO 2008 1739): Amendments implementing the Agreement on the Application of Article 65 of the Convention on the Grant of European Patents (EPC Language Agreement; RS 0.232.142.202). Articles 112 to 116: - Repealed. Article 148: - Transitional provision concerning the amendment of 16 December 2005 of the Law on Patents.
Articles 1a, 1b, 2, 5, 7, 7a, 7c, 7d, 8, 8a to 8c, 9, 9a, 26, 28, 29, 40b to 40e, 49, 49a, 50, 50a, 58a, 59, 59b, 59c, 59d, 60, 61, 62, 63, 63a, 65, 66, 70, 70a, 71 to 73, 75, 77, 81, 81a, 82, and 86; heading preceding Article 86a; Articles 86a to 86k, 87 to 90, 96 to 101, 104 to 106a, 121, 138, 139, 140h, 142, 143, 144, and 145, adopted 22 June 2007, entered into effect 1 July 2008 (RO 2008 2551): Amendments introduced under the second part of the general revision of the Law on Patents (relating, in particular, to biotechnological inventions and the approval of the Patent Law Treaty (PLT)).
Details of amendments under the second part of the general revision of the Law on Patents (biotechnological inventions and PLT), by group of provisions:
Amendments concerning biotechnological inventions
- Notion of invention and exclusions from patentability: Articles 1a, 1b, 2
- Effects of the patent: Article 8.1, 8a, 8b, 8c
- Exemptions from the effects of the patent: Article 9, 9a(3)
- Legal restrictions on patent rights: Article 40b, 40c
- Patent application requirements: Articles 49.2b, 49a, 50a, 81a, 138
- Amendments concerning the Swiss patent procedure: Articles 5.2, 58a, 59.5, 59.6, 59b, 59c, 61, 62, 65, 73.3
Amendments to harmonize the Law on Patents with the Patent Law Treaty (PLT)
- Appointment of a representative: Articles 13.1
- Continued processing: 46a(2)
- Filing date: 56
- Modification of technical documents: 57.2, 58
Measures to combat counterfeiting and piracy
- Scope of exclusivity right: extended to transit: Articles 8
- Communication of judgments: 60.3, and 70a
- Right to information: 66(b)
- Penal provisions: 81.3
- Intervention of the Customs Administration
Denunciation of illicit goods: 86a
Request for intervention: 86b
Detention of goods: 86c
Sampling: 86d
Simplified destruction procedure: 86f to 86j
Declaration of responsibility and damages in the case of unjustified customs measures: 86k
Transposition of the decision adopted on 30 August 2003 by the WTO General Council on compulsory licensing for pharmaceutical products
- Article 40d ("compulsory licensing for the export of pharmaceutical products ") provides for the possibility of producing in Switzerland, under compulsory licence, patented pharmaceutical products for export to a developing country when conditions are such as established by the WTO decision of 30 August 2003 (paragraph 1);
- beneficiary countries (paragraph 2);
- amount that can be produced under the licence (paragraph 3);
- identification requirement (paragraph 4) ;
- the Federal Council is mandated to establish the conditions for granting the licence (paragraph 5);
- remuneration: Article 40e(5), second sentence
Other
- Prior right: Articles 7.3, 7a to 7d, 121.1(c), 121.2
- Private international law: Articles 109, 111, 127, 129
- Harmonization with the PCT: Article 138
- Entitlement to act of exclusive licence holder: Articles 75, 77.5, 145.2
- Repeal of provisions on preliminary examinations: Articles 59d, 61.2, 63a, 72.2, 73.4, 87 to 106a, 139
