EPO logo National Law
VII. Conversion of European patent applications or patents into national patent applications or patents
DVD start => EPO legal texts => National Law => Chapter VII
D/ E / F
Introduction Abbreviations National legal bases Filing of European patent applications pursuant to Article 75, paragraphs 1(b) and 2, EPC Rights conferred by a European patent application after publication pursuant to Article 93 EPC (Article 67 EPC) Filing of translations of the claims pursuant to Article 67(3) EPC Filing of translations of the patent specification under Article 65 EPC Authentic text of a European patent application or European patent (Article 70 EPC) Payment of renewal fees for European patents Conversion of European patent applications or patents into national patent applications or patents Payment of fees Registering a transfer, licences and other rights in respect of a European patent in the national patent register Miscellaneous

Contracting States

Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Liechtenstein
Lithuania
Luxembourg
Monaco
Netherlands
Poland
Portugal
Spain
Romania
Slovakia
Slovenia
Sweden
Switzerland
Turkey
United Kingdom

Extension States

Albania
Bosnia and Herzegovina
Croatia
Latvia
Lithuania
The former Yugoslav Republic of Macedonia
Romania
Serbia and Montenegro Slovenia


National legal basis

Filing patent applications

Rights conferred

Translations of claims

Tranlations of patent specifications

Authentic text

Renewal fees

Conversion

Payment of fees

Registering a transfer

Miscellaneous 

 

Contracting State
Switzerland / Liechtenstein

Contracting State

Switzerland / Liechtenstein

1 Basis for conversion

Deemed withdrawal pursuant to Art. 77(5) EPC

Deemed withdrawal pursuant to Art. 90(3) EPC because the translation in the language of the proceedings was not filed in time (for applications filed in Italian)

Withdrawal or refusal of the application or revocation of the patent for Switzerland/Liechtenstein where the EPO finds that it does not meet the requirements of Art. 54(3) and (4) EPC.

Art. 121 PA

2 Procedural 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

Art. 118, 17a(1)(a), 49, 18 PO

Fees Reg. (Annex III)

3 Time limit for taking procedural steps referred to in column 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

4 Must a national professional representative be appointed?

The procedural steps referred to in column 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.

All subsequent procedural steps must be taken by an authorised national representative, if the applicant has neither a residence nor his principal place of business in Switzerland.

Art. 13 PA

Art. 118 PO

5 Special features

If the applicant has his residence or principal place of business abroad, he is first required to appoint a Swiss representative in the time limit set by the IPI. The 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.

 


EPO Home Page | Recent updates| Request info | Send comments | Index
Patent information on the Internet


Copyright © 1996-2004 European Patent Office . All Rights Reserved.
Version: NatLaw-july 2004
e-mail: EPO Mail Distribution