Commentaries: Art. 41

If the applicant or the rights holder fails to observe a time limit required by the IPI, he may file a request with the latter for further processing. Article 24 paragraph 1 of the Federal Act of 20 December 1968¹on Administrative Procedure remains reserved.²
The request must be filed within two months of the applicant receiving notice of the expiry of the time limit, and at the latest within six months of expiry of the said time limit; within this time limit, the omitted act must be carried out in full and the fees as set out in the Ordinance paid.³
If the request is approved, this will have the effect of restoring the situation that would have resulted from carrying out the act within the time limit.
Further processing is ruled out in the case of failure to observe:
1. time limits for filing a request for further processing (para. 2);
2. time limits for claiming priority under Articles 7 and 8;
3. the time limit for filing opposition under Article 31 paragraph 2;
4. ⁴ the time limit for filing an application for renewal under Article 10 paragraph 3;
5. ⁵ the time limits in cancellation proceedings under Articles 35a –35c .

SR 172.021 ↩
Amended by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551;BBl 2006 1). ↩
Amended by Annex No 2 of the FA of 24 March 1995 on the Status and Tasks of the Swiss Federal Institute of Intellectual Property, in force since 1 Jan. 1996 (AS 1995 5050;BBl 1994 III 964). ↩
Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 I). ↩
Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631;BBl 2009 8533). ↩

Art. 41