Amendments to the Swiss patent law came into effect on September 1, 1995. The change which is of most immediate practical significance is that the term by which completion of European patents in Switzerland must be effected has been extended to three months from the date of grant of the European patent (in conformity with the position in all other EPC member states), rather than by the date of grant of the European patent, as was the situation previously.

Another major change provides for the possibility of an extension certificate for maintaining a period of exclusivity for drugs previously covered by a patent after the patent expires. The maximum extension will be for five years and certificates will be granted on a drug by drug basis. Any requests for an extension certificate must be filed within six months of the later of the first approval of the drug or the grant of a patent in respect thereof. Under transitional provisions for drugs where approval was granted after January 1, 1982 and a patent was still in force on September 1, 1995 a request must be made by:


Additional changes include the adoption of an internal priority system whereby a Swiss application, similar to the new United States provisional application, can be filed and a subsequent Swiss application filed claiming priority from it within one year of the date of filing of the "provisional" application; the revocation of Switzerland's reservation under Chapter 2 of the PCT; the abolition of the substantive examination that Switzerland used to carry out in respect of textiles and chronological devices; and a simplification of the situation in which lapsed applications may be restored.

One final change is that as from January 1, 1996 the Swiss Patent Office will be a separate agency known as the Institute for Industrial Property which will have to maintain itself from its own revenues. It is anticipated that all fees will increase once this occurs.