Proposed amendment of the PatA: Do you like it?

As mentioned earlier on this Blog here, the draft bill of the new PatA has been published recently, in accordance with the ‘motion Hefti’.

Clearly, the interested circles had been involved early on in the discussion, see e.g. the Polynomics report of 2015 that recommended the introduction of examination on the merits for patents, alongside with a utility model. But participation in the underlying survey had been low at that time (3.8% return rate), and there have also been critical voices (see e.g. here, fulltext available here).

I’d really like to know, in the face of the draft bill with examination on the merits for patents, alongside with a utility model:

Do you support the gist of the draft bill, i.e. the 'motion Hefti'?

  • No (64%, 25 Votes)
  • Yes (36%, 14 Votes)

Total Voters: 39

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The poll has been open 14-22 November 2020.

Thank you very much for taking the time to respond.

/MW

POLYNOMICS REPORT (2015)

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BREAKING — Revision of the Swiss PatA: Draft bill published

As explained earlier on this Blog here, major changes are afoot in the Swiss patent system.

The Federal Council has published the draft bill earlier today; see the press release. While the press release is available in English language, the draft bill  and the explanatory notes are not. I have prepared quick and dirty automated translations of the draft bill (EN) and the explanatory notes (EN), though.

The public consultation period runs until 1 February 2021. There is a lot to digest here. I have not done any detailed analysis of the draft bill, but the key elements are clear:

    • Patent applications will be examined on the merits, i.e.  re novelty and inventive step.
    • Appeals in examination proceedings will be heard by the Federal Administrative Court; judges with technical expertise may be called in.
    • Post-grant oppositions will be possible, also on the merits.
    • A utility model will be available, unexamined on the merits and with a reduced term (10y).
    • The utility model will qualify for the patent box, just as a patent.

A more in-depth analysis will follow.

UPDATE 30 October 2020:

A marked-up version of the entire PatA has been included below.

Reported by Martin WILMING

DRAFT BILL

The draft bill is also available in French and Italian.

We have compiled a marked-up version of the entire PatA, to provide appropriate context and to ease understanding:

EXPLANATORY NOTES

The explanatory notes are also available in French and Italian.

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