Commentaries: Art. 56

The date of filing is the day on which the last of the following items are filed:
1. an express or implied application for the grant of a patent;
2. information allowing the identity of the patent applicant to be established;
3. an item which appears to be a description.¹
For posted applications, the date of filing is the day on which it was given to the Swiss postal service for delivery to the IPI.²
The Federal Council shall regulate the particulars, in particular the language in which the items under paragraph 1 must be filed, the date of filing and publication, whether a missing part of the description or the drawing may be filed afterwards, as well as the replacement of the description or the drawings with a reference to a patent application filed earlier³.

Amended by Art. 2 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2677;BBl 2006 1). ↩
Amended by Annex No 6 of the Postal Services Organisation Act of 30 April 1997, in force since 1 Jan. 1998 (AS 1997 2465;BBl 1996 III 1306). ↩
Inserted by Art. 2 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2677;BBl 2006 1). ↩

Art. 56