LEGAL BASIS

• Federal Law Concerning Patents of Invention of June 25, 1954, in force since January 1, 1956; last amendments in force since January 1, 2017.
• Federal Ordinance on Patents of Invention of October 19, 1977, in force since January 1, 1978; last amendments in force since January 1, 2017.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.
• European Patent Convention, since October 7, 1977.
• Patent Cooperation Treaty (PCT), since January 24, 1978.

FILING REQUIREMENTS

• Power of Attorney, signed by the applicant, no legalization;
• Naming of the inventor(s), signed by the applicant or his agent, no legalization;
• Application text, in German, French or Italian, comprising description of invention, claims and abstract, 3 copies (application text can be filed in English and a translation should be filed within sixteen months as of the filing date or the priority date);
• Formal drawings (if any), on white paper, used area of each sheet must not exceed 26.2 cm x 17 cm, 3 copies;
• Certified copy of the priority document(s) (if any).

REMARKS

National Phase of PCT: 30 months under both Chapters I and II.
Validity: patent issued after a formal examination - valid for 20 years.
Annuities: to be paid four years after the filing of the patent.
Opposition: possible within nine months as of the publication of the date of grant in the Patent Register.

LEGAL BASIS

• Federal Law on the Protection of Trademarks and Indications of Source of August 28, 1992, in force since April 1, 1993; last amendments in force since January 1, 2017.
• Ordinance on the Protection of Trademarks and Indications of Source of December 23, 1992, in force since April 1, 1993; last amendments in force since January 1, 2017.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.
• Madrid Agreement, Stockholm Act.
• Madrid Protocol, since May 1, 1997.

FILING REQUIREMENTS

• 1 print (for labels only);
• The mark (word mark or label) and the list of goods/services for which the mark should be protected;
• Priority document (if priority is claimed).

REMARKS

Kinds of protection: verbal, pictorial, three-dimensional and other designations or their combination. Service and collective marks are registrable.
Classification: International.
Obligation to use the registered mark: compulsory. Non-use during any five-year period after the publication date may lead to cancellation.
Duration – renewals: 10-year period after the filing date or last renewal date.
Opposition: possible within a period of 3 months from the date of publication.

LEGAL BASIS

• Federal Law on the Protection of Designs of October 5, 2001, in force since July 1, 2002; last amendments in force since January 1, 2017.
• Ordinance on the Protection of Designs of March 8, 2002, in force since July 1, 2002; last amendments in force since January 1, 2017.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.
• Hague Agreement, (London Act until November 19, 2010), Hague Act, Stockholm Act and Geneva Act.

FILING REQUIREMENTS

• Power of Attorney, signed by the applicant, no legalization;
• A good reproduction of each design (size: min. (A7) 74 x 105 mm; max. (A4) 210 x 297 mm) (photographs, drawings in color or black and white);
• Designation of the product the design is intended for;
• If priority is claimed, country and date of Convention priority;
• Description (not compulsory), max. 100 words.

REMARKS

Duration – renewals: after formal examination: 5 years from the filing date; Extension: four additional 5-year periods.
Opposition: not provided for.

LEGAL BASIS

• Ordinance on Internet Domains of November 5, 2014, in force since January 1, 2015; last amendments in force since November 1, 2017.

FILING

• ccTLD: .ch
• Applicant: individuals and legal entities.
• Local presence: not required.

REMARKS

Duration – renewals: one year, renewable.
Uniform dispute resolution procedure: available (variation of UDRP) before WIPO Arbitration and Mediation Center. The procedure before WIPO is preceded by a conciliation phase.