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

Status per 2.6.2020

 

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.

  
  

As a result of the Federal Council's decision of 20 March 2020 to extend legal holidays in civil and administrative procedures, the majority of time limits for procedures before the IPI were suspended from 21 March until 19 April 2020.

 

Details of the suspension

 

  • Time limits set by the IPI with a specific end date between 21 March and 19 April 2020 expired 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 also expired on 20 April 2020.
  • Statutory time limits or those set by the IPI that are stipulated in days were suspended until 19 April 2020 and continue to run from 20 April 2020. This also applied to time limits for appeals.

 

The following time limits were 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 had no influence on the period of validity of IP rights. IP rights that expired between 21 March and 19 April 2020 were therefore not 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 at a reduced price

To support you, we are offering assisted patent searches and assisted patent analyses at a reduced price of 100 instead of 300 Swiss francs up until 31.12.2020. Until further notice, we will be carrying out searches and analyses via an online meeting platform. The basic conditions remain unchanged.

 

To the request form.

  

ip-search patent and trade mark searches

We can carry out ip-search patent and trade mark searches for you without restrictions, thanks to home office. The security of the services remains fully guaranteed. We are happy to provide you with more information on our trade mark searches and patent and technology searches.

  
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