Frequently asked questions about the Register of Patent Attorneys

 

In which languages can I submit my application?

 

You can submit your application in German, French, Italian or English. Please use the following form for your application: Application for Entry in the Patent Attorney Register (doc). You can send your application and the required enclosures by post to Swiss Federal Institute of Intellectual Property, Patent Administration, Stauffacherstrasse 65/59g, 3003 Bern or by email to patent.adminnot shown@ekomm.ipito make life hard for spam bots.ch.

 

What documents are needed for the application?

 
  • You will need a certificate from the Examination Board stating that you have passed the Swiss Federal Patent Attorney examination. If you have not passed this examination, we need a decision from the Examination Board stating that it has recognised your foreign patent attorney examination and, if applicable, also that you have passed a qualifying examination.
  • If the documentation is incomplete or if there is any doubt concerning their validity, you may be asked to furnish additional information or verification.
 

I am currently not active as a patent attorney. Can I still be entered in the Patent Attorney Register?

 

Yes. Even if you are not currently working as a patent attorney, you can be entered in the register if you fulfil the necessary requirements. What is important is that you can list an address for service in Switzerland.

 

Can I have the registration fee of CHF 200 billed directly to my current account or the account of my law firm?

 

Yes. You can choose your method of payment in the form Application for Entry in the Patent Attorney Register (doc).

 

Do I have to inform the IPI of any changes?

 

Yes. We only change or delete an entry in the register when the registered person requests it, such as when there is a change of employer or a change of address for service. However, if we become aware that the registered person no longer has an address for service in Switzerland, for example, we will officially delete the entry without a corresponding request.

 

Will the IPI notify me of modifications to my register entry or if it is deleted when it undertakes such changes of its own accord?

 

Yes. We will notify you before carrying out any changes or deletions. In such a case, we will provide you with a time limit for comment in order to guarantee your legal right to be heard. If you decide not to respond, we will proceed with the change or deletion.
We may refrain from obtaining your comment before deleting an entry if:

  • the deletion is ordered by the Federal Department of Justice and Police (FDJP)
  • the Examination Commission retroactively declares a patent attorney examination invalid, for example, because it became evident afterwards that a candidate had obtained admission to the patent attorney examination under false pretences by providing incorrect information; or
  • the registered person is deceased

We decide about the change or deletion of an entry in the form of an appealable decision, which means that you may challenge the decision before the Federal Administrative Court.

 

The IPI has deleted my entry in the Patent Attorney Register by request or of its own accord. Is it possible to make a new application for registration?

 

You can reapply if you meet the requirements to be entered in the Patent Attorney Register (e.g. by establishing a new address for service in Switzerland). In this case, all you need to do is submit the certificate of registration from the first registration.

 

Do I have to pay the registration fee again for being re-entered in the Patent Attorney Register?

 

Yes. The full fee of CHF 200 must be paid again to be re-entered in the register.

 

What happens if I use the title “Patent Attorney” without being registered in the Patent Attorney Register?

 

The title “Patent Attorney” may only be used by those registered in the Patent Attorney Register. If you don’t fulfil this requirement, you must use a different professional title otherwise you make yourself liable to prosecution for abusing the title. This is an offence that is prosecuted ex officio by the cantonal prosecution authorities and is liable to a monetary penalty.

 

What happens if I use the title “European Patent Attorney” or “European Patent Representative” without being registered in the list of professional representatives before the European Patent Office (EPO)?

 

The title of “European Patent Attorney” or “European Patent Representative” may only be used by those listed in the EPO’s list of professional representatives, otherwise you make yourself liable to prosecution for abusing the title. And unlike with the title of “Patent Attorney, you are also not allowed to use any title that could be confused with it. Abuse of title is an offence that is prosecuted ex officio by the cantonal prosecution authorities and is liable to a monetary penalty.

 
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