Unitary patent (Switzerland and Liechtenstein)
| Treaty between the Swiss Confederation and the Principality of Liechtenstein on Patent Protection | |
|---|---|
| Signed | 22 December 1978 |
| Location | Vaduz |
| Effective | 1 April 1980 |
| Expiration | Concluded for an unlimited period of time. |
| Signatories | 2 |
| Parties | 2 |
| Language | German |
The unitary patent for Switzerland and Liechtenstein is a patent having a unitary character over the territories of Switzerland and Liechtenstein. It can either be a national patent, or a European patent granted under the European Patent Convention (EPC) and having a unitary character pursuant to Article 142(1) EPC. The unitary patent "may only be granted, transferred, annulled or lapse in respect of the whole territory of protection," i.e. for both Switzerland and Liechtenstein.
The special agreement establishing this unitary patent is the Treaty between the Swiss Confederation and the Principality of Liechtenstein on Patent Protection of 22 December 1978, which entered into force on 1 April 1980. This special agreement is also a regional patent agreement within the meaning of Article 45 PCT. Amongst the bilateral treaties concluded between Switzerland and Liechtenstein in the field of patents, the Patent Treaty of 22 December 1978 is considered to be the most important one.
A European patent may only be granted jointly in respect of Switzerland and Liechtenstein, following a joint designation under Article 149 EPC. The unitary patent for Switzerland and Liechtenstein is the only unitary patent under Article 142(1) EPC being currently in force. The agreement underlying the EU unitary patent, that would be valid in participating member states of the European Union, has been signed but is not in force, as of March 2017.
Patents granted under the European Patent Convention (EPC) are called European patents. Those are granted following a unified grant procedure based on a single patent application, in one language. After grant however, a European patent is not a unitary right, but becomes a bundle of essentially independent nationally-enforceable, nationally-revocable patents –subject to central revocation or narrowing as a group pursuant to two types of unified, post-grant procedures: a time-limited opposition procedure, which can be initiated by any person except the patent proprietor, and limitation and revocation procedures, which can be initiated by the patent proprietor only.
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