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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Tuesday, October 18, 2005CH: Change in Filing Date for International Patent Applications.From the website of the Swiss Federal Institute of Intellectual Property:"[...] Up until now, the Institute has considered the date of the actual receipt of the documents for an international patent application as the international filing date. As of January 1, 2006 the new international filing date will be the Swiss post office cancellation mark on the envelope containing the documents for the Institute, as long as it is clearly legible (Art. 2 Patent Ordinance). Under Article 11, paragraph 1 of the Patent Cooperation Treaty (PCT) the Institute, acting as a receiving office, may determine the filing date according to national law and the principles set out therein. The new procedure makes an adjustment for the current practice for national patent, designs and trademark applications and for international trademark applications under the Madrid System. For European patent applications under the European Patent Treaty there is no such autonomy for national offices and the filing date will remain the date of actual receipt of the documents at the Institute. The procedure for filing at the World Intellectual Property Organization (WIPO) also stays the same, namely the actual receipt of the documents at the WIPO offices is considered the international filing date.[...]"Hmmm... I'm a little in doubt as to whether such rules are, in our era of electronic communications, really worth to be considered ...
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