Federal Act
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Art. 46a102
1 If the patent applicant or the proprietor of the patent fails to observe a time limit prescribed by legislation or a time limit set by the IPI, he may file a request for further processing with the IPI.103 2 He must file the request within two months of receiving notice from the IPI of failure to observe the time limit, and six months at the latest from the expiry of the said time limit.104 He must also carry out in full, within these time limits, the omitted act, supplement where necessary the patent application and pay the fee for further processing. 3 Acceptance of the request for further processing has the effect of restoring the situation that would have resulted from carrying out the act in good time. Article 48 remains reserved. 4 Further processing is ruled out in the case of failure to observe:
102Inserted by No I of the FA of 3 Feb. 1995, in force since 1 Sept. 1995 (AS 1995 2879; BBl 1993 III 706). 103 Amended by Annex No 23 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 21971069; BBl 2001 4202). 104 Amended by Art. 2 of the FD of 22 June 2007, in force since 1 July 2008 (AS 2008 2677; BBl 2006 1). 105 Repealed by Art. 2 of the FD of 16 Dec. 2005 on the approval of the Act to Revise the European Patent Convention and on the Amendment of the Patents Act, with effect from 13 Dec. 2007 (AS 2007 6479; BBl 2005 3773). 106 Repealed by Art. 2 of the FD of 22 June 2007, with effect from 1 July 2008 (AS 2008 2677; BBl 20061). 107 Inserted by Annex No 2 of the FA of 18 March 2016, in force since 1 Jan. 2019 (AS 2017 2745, 2018 35753793; BBl 2013 1). |