SR 232.14 Swiss federal patent law
The London Agreement came into force on 1st May 2008 and the revised Swiss federal patent law on 1st July 2008. A subsequent modification to the Swiss federal patent law was validated on 1st September 2008.
The changes in the Swiss patent law particularly concern the limits of the patentability of biotechnological inventions and improvements in the protection of patents from piracy.
Further aspects of the modified law refer, among other things, to the national exhaustion of patents, the publication of patents 18 months after filing and the possibility to file oppositions within 9 months after registration. The changes do not apply to examination as to novelty or inventive step.
The discussions on patent attorney law were completed in parliament this autumn. The patent law has already been validated by the Legal Committee via the Swiss Federal Patent Court.
Changes in Patent Law
As from 1st July 2008, new legislation resulting from a revision of the Swiss Patent Act have come into force. The new legislation foresees the following main changes:
- New provisions specifically for the protection of patents of biotechnological inventions;
- Improving access to pharmaceutical products in developing countries;
- Measures for combating piracy;
- The official publication of patent applications;
- Provisions for opposition proceedings;
- The possibility of carrying out optional “state of the art” searches.
Fee Reduction:
As from 1st July 2008 the Swiss Federal Institute for Intellecutal Property has again reduced its Official Fees. This reduction concerns on the one hand renewal fees for trade marks which will be reduced from 700 chf to 550 chf. Trade mark class fees are now abolished for renewals.
Furthermore, the seventh and the eighth annuity for patents have been reduced from 310 chf to 200 chf.
London Agreement:
A new ruling set up by the London Agreement concerning the translation of patents has come into force as from 1st May 2008. The ruling applies to all European patents issued after 1st February 2008. The Swiss Federal Council has decided that the new ruling can also apply to