Correctly completed forms help ensure that the examination of your application proceeds without difficulty or delay. The application is only examined for completeness of the particulars under the assumption that the person filing has the right to apply for the patent.
Include the first name and family name, or the firm name, and the complete address with postal code under this item. If more than one applicant is to be named, or, respectively neither representative nor recipient is named, all correspondence will be sent to this address. The names and addresses of further applicants should be listed under Item 12, “Additional information.” Be sure to mention here how many applicants are listed under Item 12.
If you have appointed a patent attorney or representative, this person’s name or company name and address should be entered here.
Applicants who are not resident or do not have a principle place of business in Switzerland or Liechtenstein must designate either a representative (a legal or natural person) with a correspondence address in Switzerland to represent them in proceedings before the Institute, or else specify a correspondence address in Switzerland . If a representative has been appointed, all correspondence will go through him/her except for: revocation of authorisation, withdrawal of the patent application or surrender of the patent.
If there is more than one applicant, you may designate one of them (i.e. someone other than the person listed in Item 1) as the recipient of correspondence. If you have a representative, all correspondence will be sent to him. If you have neither a representative nor a recipient, all communication will be sent to the person listed under Item 1. If you are not resident or have a principle place of business in Switzerland or Liechtenstein, you may specify a correspondence address in Switzerland. In this instance, you do not need a representative with a correspondence address in Switzerland.
A reference/tracking code (no more than 25 characters) for correspondence may be entered here.
Enter a brief and precise technical definition of the subject of your invention as the title. The title may neither contain fancy names nor may it exceed 180 characters in length. If possible chose a title based on the description.
If this invention has already been used to apply for a patent, utility model or certificate of invention in another country belonging to the Paris Convention for the Protection of Industrial Property (from March 20, 1883), a priority claim exists. This can serve as the basis for a priority claim in Switzerland for the same invention if it occurs within 12 months of the first filing. Priority claim means that the date of the first filing is considered the valid date for any following applications in regards to, e.g., novelty and inventive step.
Requirements for priority claim:
- The subsequent Swiss application must be submitted within 12 months (one year) of the first foreign 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 claim 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 for which you listed the particularities under Item 12.
In addition, to indicating the priority, the priority certificates must be submitted. Priority certificates are official, certified copies of the first filing date and are issued by the office at which you first filed. If you are claiming the priority of a Swiss first filing, you do not need to submit a priority certificate.
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.
Normally the patent applications undergo the material examinations in the order in which they were filed with the Institute. If you wish to have an expedited material examination, you can state this in your application. In this case, the examination and any claims fees will be immediately due.
Three copies of the technical documents must be submitted. They consist of the 1) description, 2) patent claims, and 3) abstract and drawings. The individual pages must be numbered in this order using Arabic numerals.
Optional documents are:
- Priority certificate
- Power of attorney: if a representative has been appointed, you do not need to submit a power of attorney. However, we reserve the right to request one in original if necessary.
- Inventor name: According to the Patent Act, the applicant is required to indicate the name of the inventor. The inventor name must be indicated within 16 months of the filing or priority date. Be sure to use the Declaration of Inventorship form for submitting this information. The inventor can waive this right; however, that does not relieve the patent applicant from declaring the name of the inventor to us. Besides the patent applicant's explanation, the forfeiting inventor’s signature is also required.
This item is for listing additional patent applicants and priority claims. Use the appropriate subtitle (1. for “Patent Applicant” or 7. for “Priority”).
The application form needs no date and signature.
The form must be filled out in one of the three official languages of Switzerland: German, French or Italian. We accept only the priority certificates and identification of inventor in English. Whichever language you chose, it will be the language of all correspondence for the duration of your application procedure.
The following numerical items correspond to the numbered items on the application form.
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