National Law relating to EPC, VII. Conversion of European patent applications or patents into national patent applications, Switzerland
Contracting state | Switzerland / Liechtenstein |
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1Basis for conversion |
Deemed withdrawal pursuant to Art. 77(3) EPC Deemed withdrawal pursuant to Art. 14(2) EPC because the translation in the language of the proceedings was not filed in time (for applications filed in Italian). Art. 121 PA |
2Procedural steps to be taken |
(a) Payment of national filing fee (CHF 200 + CHF 50 for the 11th and each subsequent claim) (b) Filing of a translation in one of Switzerland's official languages (c) Payment of renewal fees already due Art. 123 PA |
3Time limit for taking procedural steps referred to in section 2 |
(a) and (b) time limit set by the IPI (c) 6 months from a request by the IPI (surcharge payable from 4th month) Art. 118 PO |
4Must a national professional representative be appointed? |
The procedural steps referred to in section 2 may be taken by the applicant or his representative before the EPO; an authorised professional representative before the EPO is not required to file a new authorisation. For subsequent procedural acts, applicants having their residence or principal place of business abroad must give an address for service in Switzerland or Liechtenstein. Art. 13 PA |
5Special features |
If the applicant has his residence or principal place of business abroad, he is first required to indicate in the time limit set by the IPI an address for service in Switzerland or Liechtenstein or appoint a national representative to accept correspondence. The applicant or his representative is then requested to take all subsequent procedural steps. Text in the drawings may, if admissible, be translated during the national procedure. A translation of the request and search report is not required. |