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Legislative, Administrative or Policy Measure (MSR)
  |  
published: 21 Aug 2014 last updated: 18 Jul 2016
General information
Federal Act on Patents for Inventions (Patents Act, PatA) of 25 June 1954
Article 49a of the Patent Act (PatA) obligates the patent applicant to provide information in the national patent application about the source of a genetic resource or of traditional knowledge from indigenous and local communities. According to Article 138 PatA, this obligation also applies to international patent applications. The objective of the declaration of the source is to increase transparency in access and benefit sharing. If the source is unknown to the inventor or the patent applicant, the patent applicant must confirm this in writing. Should the patent application not contain a declaration of the source of the genetic resources or traditional knowledge, the Institute will set a deadline for the patent applicant to rectify the omission, and will reject the patent application should the deadline not be met. Thus, the absence of a declaration of source in the patent application can ultimately lead to a patent not being granted. An intentional wrongful declaration of the source will be sanctioned with a monetary fine of up to 100,000 Swiss francs; in addition, the judge may order the publication of the ruling (see Article 81a PatA).
National / Federal
Legally binding
01 Jul 2008
Law
No
Amendments
EN
Regulatory contact information
- Organization: Swiss Federal Institute of Intellectual Property (IGE IPI) | ABSCH-CON-CH-206985-1
Organization:
Swiss Federal Institute of Intellectual Property (IGE IPI)
Government agency (National/Federal)
Stauffacherstrasse 65/59g
Berne,
3003, Switzerland
Phone: +41 31 377 77 77,
Fax:
Email: info@ipi.ch,
Amendments
Relationships
Elements of the measure Collapse All Expand All
  SCOPE OF THE MEASURE
  Genetic Resources
-   All types of genetic resources - found in - All areas of access of the genetic resource (Article 49a)
  Traditional knowledge associated with genetic resources ( Article 49a )
  Reference to any other relevant articles and sections
-  Criminal provisions / II. False information concerning the source (Article 81a)
-  Formal requirements (Article 138)
  ACCESS
No provisions for this element
  BENEFIT-SHARING
No provisions for this element
  COMPLIANCE
No provisions for this element
  RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS
No provisions for this element
  OTHER
No provisions for this element
Additional Information
Records referencing this document Show in search
Record type Field Record(s)
ABS Procedure Relevant ABS measure(s): 2