Commentaries: Art. 59

If the subject-matter of the patent application does not fall within Articles 1, 1a , 1b and 2 or does so only in part, the IPI shall inform the patent applicant accordingly, stating the reasons, and shall set him a time limit within which to respond.¹
If the patent application does not meet the other requirements of this Act or the Ordinance, the IPI shall set a time limit for the patent applicant by which the deficiencies must be remedied.²
…³
The Institute shall not examine whether the invention is new or whether it is obvious having regard to the state of the art.⁴
In return for the payment of a fee, the applicant may:
1. instruct the IPI to provide a report on the state of the art within 14 months of the filing date, or, if priority has been claimed, of the priority date; or
2. request the IPI to arrange an international-type search within 6 months of the filing date of a first filing.⁵
If no clarification has been carried out in accordance with paragraph 5, any person entitled to inspect the dossier in accordance with Article 65 may, in return for the payment of a fee, instruct the IPI to provide a report on the state of the art.⁶

Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551;BBl 2006 1). ↩
Amended by No I of the FA of 17. Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997;BBl 1976 II 1). ↩
Repealed by No I of the FA of 17 Dec. 1976, with effect from 1 Jan. 1978 (AS 1977 1997;BBl 1976 II 1). ↩
Amended by No I of the FA of 17 Dec. 1976, in force since 1 Jan. 1978 (AS 1977 1997;BBl 1976 II 1). ↩
Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551;BBl 2006 1). ↩
Amended by No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551;BBl 2006 1). ↩

Art. 59