WORLD TRADE  
ORGANIZATION  IP/N/1/CHE/3 
26 September 2008 
 
 (08-4537) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   French 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SWITZERLAND 
 
  The following communication, dated 22 August 2008,  is being circulated at the request of the 
delegation of Switzerland.  
_______________ 
 
  I forward herewith a document containing the pa tent-related notifications that Switzerland is 
required to provide under Article  63.2 of the TRIPS Agreement. IP/N/1/CHE/3 
Page 2  
 
  ANNEX 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
TITLE 
DATES OF ADOPTION AND  
ENTRY INTO EFFECT BRIEF DESCRIPTION 
Patents1 
 
NB:  In respect of patents, Switzerland and Liechtenstein 
constitute a single territory.  
Federal Law on Patents for Inventions  
 
Adopted 25 June 1954. Entered into effect 1 January 1956 
(Law on Patents, LBI, RS 232.14
, RO 1955 893). Existence of the right to patent, national and European 
patents, international patent application, acquisition and 
scope of rights, patents register, civil and criminal proceedings, opposition procedure for preliminary 
examinations, administrative remedies, etc. 
Most recent amendments:  
Heading preceding Article 60, and Article 65 a,
adopted 11 December 2003, 
entered into effect 1 January 2005 (RO 2004 5085). Amendments following the adoption of the Federal Law 
on Electronic Signature Certification (SCSE;   FF 2003 
7493) and the identical provisions on electronic communication with the Federal Intellectual Property 
Institute introduced in the Law on Topographies 
(Article 16 a LTo), the Law on the Protection of 
Trademarks (Article 40 LPM), the Law on Designs 
(Article 26 a LDes) and the Law on Patents for 
Inventions (Article 65 a LBI).  The related Ordinances, 
namely the Ordinance on Topographies (OTo), the 
Ordinance on the Protection of Trademarks (OPM), the Ordinance on Designs (ODes) and the Ordinance on 
Patents for Inventions (OBI), have been amended 
accordingly. 
Article 2, adopted 19 December 2003, entered into effect 
1 March 2005 (RO 2005 947 ). Amendment within the context of the modification of the 
Federal Law on Research Involving Embryonic Stem 
Cells (Stem Cell Research Law, LRCS). 
Articles 46 a, 59c (repealed), 76, 87, 106, 106 a, and 141, 
adopted 17 June 2005, entered into effect 1 January 2007 
(RO 2006 2197 ). Repealed following the complete overhaul of the 
regulations governing organization and procedure before 
the Federal Court. 
                                                      
1 See document IP/N/1/CHE/P/9 for the consolidated version of the Federal Law on Patents for 
Inventions (status as at 1 July 2008).  IP/N/1/CHE/3 
 Page 3 
 
 
  TITLE 
DATES OF ADOPTION AND  
ENTRY INTO EFFECT BRIEF DESCRIPTION 
Articles 1, 7 c, 7d, 17, 24, 28 a and 46 a, heading 
preceding Article 110, and Articles 110, 110 a, 113, 121, 
127, and 128, adopted by Federal Order of 
16 December 2005;  legislative amendment entered into 
effect 13 December 2007 
(RO 2007 6479 ;  FF 2005 3569). Amendments required following the approval of 
two instruments concerning the European patent system and constituting the first part  of the general revision of 
the Law on Patents: 
- Act of 29 November 2000 revising the Convention 
on the Grant of European Patents of 5 October 1973 
(Act revising the EPC);  and 
- Agreement of 17 October 2000 on the Application 
of Article 65 of the Convention on the Grant of 
European Patents (EPC Language Agreement). 
 These two instruments update the European patent 
system while leaving its foundations intact.  They 
establish the conditions that will allow the system to meet current and future demands and expectations.  Both 
instruments were negotiated in 2000 and signed by 
Switzerland that same year. 
Articles 112 to 116, and 148, adopted 
16 December 2005, entered into effect 1 May 2008
(RO 2008 1739 ). 
 
Articles 112 to 116 
Article 148 Amendments implementing the Agreement on the 
Application of Article 65 of the Convention on the Grant 
of European Patents (EPC Language Agreement; RS 0.232.142.202
). 
 
- Repealed - Transitional provision concerning the amendment of 
16 December 2005 of the Law on Patents. 
Articles 1 a, 1b, 2, 5, 7, 7 a, 7c, 7d, 8, 8 a to 8 c, 9, 9 a, 26, 
28, 29, 40 b to 40 e, 49, 49 a, 50, 50 a, 58a, 59, 59 b, 59c, 
59d, 60, 61, 62, 63, 63 a, 65, 66, 70, 70 a, 71 to 73, 75, 77, 
81, 81 a, 82, and 86; heading preceding Article 86 a; 
Articles 86 a to 86 k, 87 to 90, 96 to 101, 104 to 106 a, 
121, 138, 139, 140 h, 142, 143, 144, and 145, adopted 
22 June 2007, entered into effect 1 July 2008 (RO 2008 
2551 ). Amendments introduced under the second part  of the 
general revision of the Law on Patents (relating, in 
particular, to biotechnological inventions and the approval of the Patent Law Treaty (PLT)). 
Details of amendments under the second part of the general revision of the Law on Patents (biotechnological inventions and PLT), by group of provisions: 
 Articles 1 a, 1b, 2 
 
Article 8.1, 8 a, 8b, 8c 
Article 9, 9 a(3) 
Article 40 b, 40c 
Articles 49.2 b, 49a, 50a, 81a, 138 
Articles 5.2, 58 a, 59.5, 59.6, 59 b, 59c, 61, 62, 65, 73.3 Amendments concerning biot echnological inventions 
- Notion of invention and exclusions from 
patentability 
- Effects of the patent 
- Exemptions from the effects of the patent - Legal restrictions on patent rights 
- Patent application requirements 
- Amendments concerning the Swiss patent procedure IP/N/1/CHE/3 
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  TITLE 
DATES OF ADOPTION AND  
ENTRY INTO EFFECT BRIEF DESCRIPTION 
 
 Articles 13.1, 
46a(2), 
56, 
57.2, 58 Amendments to harmonize the Law on Patents with 
the Patent Law Treaty (PLT) 
- Appointment of a representative 
- Continued processing 
- Filing date 
- Modification of technical documents 
 
Articles 8, 
60.3, and 70 a, 
66(b), 81.3, 
 
86a 
86b 
86c 
86d 
86f to 86 j 
86k Measures to combat counterfeiting and piracy 
- Scope of exclusivity right:  extended to transit 
- Communication of judgments 
- Right to information - Penal provisions 
- Intervention of the Customs Administration  
 Denunciation of illicit goods  
 Request for intervention 
 Detention of goods 
 Sampling 
 Simplified destruction procedure 
 Declaration of responsibility and damages in the 
case of unjustified customs measures 
 
 
  
Article 40 d 
Article 40 e(5), second sentence Transposition of the decision adopted on 
30 August 2003 by the WTO General Council on 
compulsory licensing for pharmaceutical products
2 
- Article 40 d ("compulsory licensing for the export of 
pharmaceutical products ") provides for the 
possibility of producing in Switzerland, under 
compulsory licence, pa tented pharmaceutical 
products for export to a developing country when conditions are such as established by the WTO 
decision of 30 August 2003 (paragraph 1); 
- beneficiary countries (paragraph 2); - amount that can be produced under the licence 
(paragraph 3); 
- identification requirement (paragraph 4) ; - the Federal Council is mandated to establish the 
conditions for granting the licence (paragraph 5); 
- remuneration. 
Articles 7.3, 7 a to 7 d, 121.1(c), 121.2 
Articles 109, 111, 127, 129 Article 138 
Articles 75, 77.5, 145.2 
Articles 59 d, 61.2, 63 a, 72.2, 73.4, 87 to 106 a, 139 Other 
- Prior right 
- Private international law 
- Harmonization with the PCT 
- Entitlement to act of exclusive licence holder - Repeal of provisions on preliminary examinations 
                                                      
2 See document WT/L/540 of 1 September 200 3, document IP/C/41 of  6 December 2005, and 
document WT/L/641 of 8 December 2005.  IP/N/1/CHE/3 
 Page 5 
 
 
  TITLE 
DATES OF ADOPTION AND  
ENTRY INTO EFFECT BRIEF DESCRIPTION 
Ordinance on Patents for Inventions  
Adopted 19 October 1977. 
 
Entered into effect 1 Janua ry 1978 (Titles 7, 8 and 9 
entered into effect 1 June 1978) 
(Ordinance on Patents, OBI, RS 232.141 , RO 1977 
2027). Examination of applications for patents and issue of 
patents for inventions, right of priority, immunity derived from disclosure, administrative remedy, patents register, 
applications for European patents and international 
applications, opposition procedure for preliminary 
examinations, etc. 
Most recent amendments:  
Articles 3, 4, 12, 15, 18 c, 19 (repealed), 19 a (repealed), 
24, 25, 34, 43, 51, 62, 62 a, 63, 70, 89, 90, 92, 93, 96, 
108, and 127 c, adopted 3 December 2004, entered into 
effect 1 January 2005 (RO 2004 5025 ). Drafting changes, updating of the three linguistic 
versions. 
Articles 8 a, 21, 37, 43 a, 52, 90, 91, 95, 105 to 107, 122, 
122a, 122 b, 125, 125 c, and 127 b,
adopted 18 October 2006, entered into effect 
1 January 2007 (RO 2006 4483 ). Amendments required following the modification of the 
Regulation on Fees (IPI-RT;  RS 232.148 , see above) 
and the revision of the Pate nt Cooperation Treaty (PCT; 
RS 0.232.141.1 ). 
Article 117, adopted 17 October 2007, entered into effect 
13 December 2007 (RO 2007 6085 ). Amendment required following the redrafting of the 
Implementing Regulations to the Convention on the 
Grant of European Patents (EPC;  RS 0.232.142.21 ). 
Article 117, adopted 14 March 2008, entered into effect 
1 May 2008 (RO 2008 1659 ). Amendments implementing the Agreement on the 
Application of Article 65 of the Convention on the Grant 
of European Patents (Language Agreement;  
RS 0.232.142.202 ). 
Editorial amendments;  preamble;  Articles 1, 4, 4 b, 8 to 
11, 14, 16, 17 a, 18, and 20;  heading preceding 
Article 21;  Articles 21, 22, 24, 26 to 28, 30, 31a, 32, 34, 
37 to 39, 39 a, 40, 43, and 43 a;  heading preceding 
Article 45 a; Article 45 a;  heading preceding Article 45 b;  
Article 45 b to 45 j;  heading preceding Article 46;  
Articles 46, 46 a to 46 e, 47, 48, 48 a to 48 d, and 49 to 52;  
heading preceding Article 53;  Articles 53, 53 a, 54, 54 a, 
and 55 to 58;  heading preced ing Article 59;  Article 59, 
and 59 a to 59 c;  heading preceding Article 60;  
Articles 60, 60 a to 60 c, 61a, 62, 62 a, 63 to 67, and 69; 
heading preceding Article 70;  Article 72;  heading 
preceding Article 73;  Articles 73 to 88;  heading 
preceding Article 89;  Articles 90, 92, 94, 97, 98 a, 101, 
and 104 to 106;  heading preceding Article 108;  
Article 109; heading preceding Article 111;  Article 111, 
and 111 a to 111 c;  heading preceding Article 112;  
Articles 112, 112 a to 112 f, 118, 122, 123, 124, 125 a, 
126, 127, 127 b, and 127l;  and transitional prov., adopted 
21 May 2008, entered into effect 1 July 2008 (RO 2008 
2585 ). Revision required mainly due to the recent amendments 
to the Law on Patents, in particular in the following areas 
(second part ): 
- Biotechnological inventions; 
- approval of the Patent Law Treaty (PLT). Other amendments aim to provide a better response to 
users' needs. IP/N/1/CHE/3 
Page 6  
 
  TITLE 
DATES OF ADOPTION AND  
ENTRY INTO EFFECT BRIEF DESCRIPTION 
Details of amendments adopted on 21 May 2008, by group of provisions: 
 
 
Articles 4. 6, 4 b, 8, 9.1, 10.2, 14.1, 14.2, 16.2, 18.3, 24.2 
 
Articles 21, 26.1, 26.3, 34, 37.1, 37.2, 38.1 to 38.3, 39.2 
to 39.4, 39 a(2) and (3), 40.5bis, 43 a 
 
Articles 46, 46 a, 46 b, 46 c, 46 d, 46 e, 46 f, 47, 48 a, 48 c, 
50, 51, 53, 53 a, 54, 56, 57, 59, 59 a ff, 60, 60 a, 60b, 60c, 
60d, 62 
 
Articles 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87 
 
Articles 90, 91, 98 a 
Articles 118, 122, 122 a, 124, 126 Amendments to the Swiss patent procedure 
 
- General provisions 
 
- Application 
  
- Examination of application 
  
 
- Opposition procedure  
 
- File and patents register - European patent applications, European patents, and 
international patent applications 
 
 
Article 27 
Article 45 a 
 
Article 45 b to 45 j Amendments concerning biot echnological inventions 
- Sequence listing 
- Indications of the source of genetic resources and 
traditional knowledge 
- Deposit of biological material 
Article 127 b, 127l Supplementary protection cert ificate for medicines 
and phytosanitary products 
  Article 111 
Article 111 a 
Article 111 b 
Article 111 c Compulsory licences for the export of pharmaceutical 
products 
- Content of legal claim 
- Measures to id entify products  
- Licence holder's duty to publish information - Institute's obligation to inform and notify 
 Article 112 Article 112 a 
Article 112 b 
Article 112 c 
Article 112 d 
Article 112 e 
 Article 112 f Intervention of the Cu stoms Administration 
- Scope 
- Request for intervention 
- Detention of goods 
- Samples - Protection of manufacturing and business secrets 
- Conservation of evidence in the event of the 
destruction of goods 
- Emoluments 
 
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