New coronavirus – information for SMEs and start-ups, applicants, customers and visitors

Status per 3.4.2020

 

Do you have a question about protecting an innovation or creation? We remain at your disposal – by telephone at +41 31 377 77 77 (Mon. – Fri., 8am to 12pm and 1pm to 5pm) or by email at infonot shown@ipito make life hard for spam bots.ch.

 

Unfortunately, until further notice, it is not possible to visit the IPI.

 

On this page, we will keep you informed about all the measures we have implemented in response to the current extraordinary situation. We are monitoring the developments very closely and we will adapt the measures at any time if necessary.

    

IP rights procedures

The IPI has taken the necessary measures to keep its operations running during the current extraordinary situation and to ensure that procedures remain unaffected.

 

We will support applicants and rights holders where possible if they are threatened with procedural disadvantages due to the new coronavirus.

 

Regarding requests for an extension of a time limit, we will exercise our discretionary powers within the framework of national and international law. For all procedures, we will now grant an extension of two months for the first and second extension of the time limit. If important reasons are presented, we will grant a third extension of an appropriate duration, without the agreement of any opposing party.

 

These regulations also apply to the extension of time limits in opposition and cancellation procedures on the grounds of non-use of trade marks. Deadlines for payment not prescribed by law will only be extended for important reasons.

  
  

If you have not observed a time limit, you have the following options:

 

Request for further processing (trade mark, patent and design procedures):

The request must be filed within two months of receiving notification of the expiry of the time limit, and at the latest within six months of the expiry of the time limit. In addition, you must carry out the omitted action and pay the necessary fees.

You can find the detailed requirements in the relevant provisions:

 

 

Request for reinstatement (only in trade mark and design procedures):
The request must be filed within 30 days of the removal of the cause of non-compliance with the time limit. You must state the reasons why you were prevented from acting within the time limit through no fault on your part. In addition, you must carry out the omitted act.


The detailed requirements are set out in Art. 24 APA.

Request for re-establishment of rights (only in patent procedures):
The request must be filed within two months of the removal of the cause of non-compliance with the time limit, at the latest within one year of the expiry of the unobserved time limit. You must provide prima facie evidence that you have been prevented, through no fault on your part, from observing the time limit. In addition, you must carry out the omitted act.

The detailed requirements are set out in Art. 47 PatA and Art. 15 PatO (in German, French and Italian).

 

You can find more information in our fact sheet on extending time limits and further processing.

  

Suspension of time limits for procedures before the IPI

 

Please note that the majority of time limits for procedures before the IPI will be suspended from 21 March until 19 April 2020.

  
  

The suspension for time limits is based on the Federal Council decision of 20 March 2020 to extend legal holidays in civil and administrative proceedings.

 

What does this mean specifically?

 

  • Time limits set by the IPI with a specific end date between 21 March and 19 April 2020 will now expire on 20 April 2020.
  • Time limits for the payment of renewal fees and annual fees with a specific end date between 21 March and 19 April 2020 will also now expire on 20 April 2020.
  • Statutory time limits or those set by the IPI that are stipulated in days are suspended until 19 April 2020 and will run again starting 20 April 2020. This also concerns time limits for appeals.

 

The following time limits are not affected by the suspension:

 

  • Time limits determined by months or years (e.g. priority periods, the time limit for filing an opposition or for the payment of the opposition fee) are not affected by the suspension.
  • Time limits with a specific end date after 19 April 2020.
  • Time limits for international procedures (PCT, EPC, the Madrid System, the Hague System).

 

The suspension has no influence on the period of validity of IP rights. IP rights that expire between 21 March and 19 April 2020 will therefore not be extended as a result of the suspension.

  

Training and courses

Until further notice, no courses will take place at the IPI. We will provide information on courses scheduled for later dates as soon as possible.

  

Assisted patent searches and assisted patent landscape analyses free of charge during April and May 2020

To support SMEs and start-ups in Switzerland, we are carrying out assisted patent searches and assisted patent landscape analyses free of charge from 1 April until 31 May 2020. The searches will be carried out via an online meeting solution. All of the remaining basic conditions still appy without restriction.

 

Simply fill in the order request form.

  

ip-search patent and trade mark searches

Thanks to being able to work from home, we can continue to support you with our services – unreserverdly.  The reliability of our services continue to be fully guaranteed. For more information on trade mark searches and patent and technology searches, please do not hesitate to get in touch with us – we will be happy to help you.

 

 

  
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