For IP professionals
This is the portal for professionals working in the field of intellectual property. Here you'll find direct access to all necessary resources.
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Genetic resources, traditional knowledge and folklore
In Switzerland: disclosure requirement in the Swiss Patents Act
Art. 49a of the Patent Act (PatA) requires patent applicants applying for a patent in Switzerland to provide information on the source of a genetic resource or traditional knowledge of indigenous peoples and local communities.
Should the patent application not contain a declaration concerning the source of the genetic resource or traditional knowledge, the IPI will set a deadline for the patent applicant to rectify the omission and it will reject the patent application if the deadline is not met. Deliberate misrepresentation of the source is punishable with a fine. In addition, the court may order the publication of the ruli
Documents & links
- Patent Act (PatA)
- Message (explanations on disclosure of the source) in German
- Patent Examination Guidelines in German
- Submission by Switzerland in the IGC 16 2010 on the disclosure requirement in the Patent Act
- Submission by Switzerland in the IGC 31 2016 on the disclosure requirement in the Patent Act
- Legal opinion on the compatibility of the Patent Cooperation Treaty (PCT) and the Patent Law Treaty (PLT) with the obligation to disclose the source (French)