Application form - explanations

 

Correctly completed forms help ensure that your application is examined without any hitches or delays.

When applications arrive, we only check whether the details are complete. We assume that the patent applicant has the right to file the patent.

 

The following information corresponds to the section numbers in the application form.

 

1 CH application – partial application – PCT national phase

Please place a cross in the box to indicate whether your application is a direct CH application, a partial application or an application to enter the PCT national phase.
If the new patent application arises from the division of a pending application, you can claim the original filing date of the pending application. In this case, we will verify the claimed filing date. If you are applying to enter the PCT national phase, please enter the PCT or WO number.

 

2 Title of the invention

Enter a brief and precise technical definition of the subject of your invention as the title. The title may not contain fantasy names or exceed 180 characters (including spaces) in length.

 

3 Patent applicant

Include the first name and family name, or the company name, and the complete address, including the postcode, under this item. If more than one patent applicant is involved in the patent application, please indicate here the number of additional patent applicants and indicate their names and addresses in Item 13 ‘Additional information’.

 

4 Representative

If you have appointed a patent attorney to represent you, your representative’s name or company name and address should be entered here.
Patent applicants who are not resident or domiciled in Switzerland or Liechtenstein must designate either a representative (a legal or natural person) with a correspondence address in Switzerland to represent them in the IPI procedure, or else specify a correspondence address in Switzerland.

 

5 Inventor

First name, last name, address, postcode/city/country. Only one natural person can be named as the inventor. Additional inventors must be indicated in Item 13.

 

6a Correspondence recipient/address

If there is more than one patent applicant, and no representative has been appointed, the person who is to receive our correspondence must be indicated here (correspondence recipient).
If the correspondence recipient or the patent applicant (unless there are several) is not resident or domiciled in Switzerland or Liechtenstein, the correspondence recipient or patent applicant must specify a correspondence address in Switzerland, unless a representative with a correspondence address in Switzerland has been appointed.

 

6b Electronic delivery

If you wish to receive communications relating to this procedure from the IPI electronically, you can indicate this here. Please note that your selected email address for communication with Swiss authorities must be registered on a recognised delivery platform.
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7 Priority

If you have already registered your invention in another country that is party to the Paris Convention for the Protection of Industrial Property or the World Trade Organization (WTO), you can claim the priority date of this first filing for the registration of the same invention in Switzerland and Liechtenstein.
Requirements for a priority claim:

  • The subsequent Swiss application must be submitted within 12 months (one year) of the first filing.
  • The priority claim must be included with the application. It can still be submitted within 16 months of the earliest claimed priority date. If this deadline is not met, the priority date is forfeited.
  • The priority claim consists of three parts: the country, the date and the file number of the first filing. You should also mention the number of other priority claims whose details you specify under Item 13.

In addition to claiming the priority, you must submit the priority documents. Priority documents are official, certified copies of the first filing and are issued by the office at which you filed your first application. If you are claiming the priority of a Swiss first filing, you do not need to submit a priority document.

 

8 Drawing to accompany the abstract

If the patent application contains drawings, please indicate the drawing that is to be published with the abstract on the title page of the patent application and subsequently on the title page of the patent specification.

 

9 Patent claims

Patent claims are concisely and clearly formulated statements that explain what the invention consists of and which protection is being claimed. They define the invention in a legal sense.

 

10 File number

You or your representative can enter your file number or reference here. The file number must consist of no more than 25 characters.

 

11 Method of payment

The fees due can be charged against your current account at the time of filing. If you do not have a current account with us, or do not want it to debited, we will send you an invoice and a payment slip. The invoice must be paid by the deadline. Please take note of our Payment Conditions.

 

12 List of accompanying documents

One copy of the technical documents must be submitted. They consist of the description, the patent claims, the abstract and any drawings. Please number the individual pages in this order using Arabic numerals.
The following documents are not necessary in all cases:

  • Priority document
  • Power of attorney
    If you appoint a representative, you do not need to submit a power of attorney. However, we reserve the right to request an original copy, if necessary.
  • Inventor name
    Under the Patents Act, the patent applicant is required to indicate the name of the inventor. The inventor’s name must be indicated within 16 months of the filing or priority date. Please use the Designation of inventor form (only available in German, French and Italian) to submit this information if you have not yet mentioned the inventor in the application form. The inventor can waive their right to be named. However, that does not release the patent applicant from the requirement to disclose the name of the inventor to us. The signature of the inventor waiving their right is required in addition to the patent applicant’s statement (form only available in German, French and Italian).
 

13 Additional information

You can list additional patent applicants and priority claims here. Use the appropriate item heading (4. for ‘Patent applicant’ or 7. for ‘Priority’) as a title. The application form does not need to be signed or dated.

 

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