Patents Trademarks | Industrial Designs | Intellectual Property in Switzerland

Switzerland

  • Patents of invention
  • Trade and Service Marks
  • Industrial Designs
  • Domain Names

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.

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.

General Information

Area: 41,291 sq. km.
Population: 8,325,194 (estimated 2015).
Capital: Bern.
Language: German, French, Italian and Romansch.
Currency: Swiss Franc.

General Remarks

The Swiss Confederation comprises 26 republics (cantons) with partial independence each having its own Parliament, Government and Courts.

More

If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov's Manual on Industrial Property®.

KATZAROV SA
Patent & Trademark Attorneys
Rue des Epinettes 19
1227 Geneva
Switzerland
T +41 22 342 66 30
F +41 22 342 66 15
admin@katzarov.com