Rejection of a patent application for failure to provide the inventor's name

Facts

TMC Corporation filed a patent application with the Federal Institute of Intellectual Property (the Institute) for a ski binding. The Institute rejected the patent application on May 26, 1983 on the grounds that the inventor's name had not been provided. TMC Corporation filed an administrative law appeal against this decision, requesting the annulment of the decision or, subsidiarily, the possibility to regularize the situation by providing the inventor's name, submitting a request to continue the proceedings, and paying the relevant fees. TMC Corporation also filed an appeal against the rejection of its request for reinstatement of the time limit.

Considerations

The Federal Tribunal dismisses both appeals. It considers that the Institute correctly applied Art. 35(3) of the Ordinance on Patents for Inventions (OBI), which provides for the rejection of the patent application in case of failure to provide the inventor's name within a 16-month period from the filing date or priority date. The Federal Tribunal finds that this provision is in accordance with the Patents Act and the Constitution.

Indeed, Art. 141 of the Patents Act authorizes the Federal Council to enact the necessary measures for the implementation of the Act, including on time limits. During the 1976 revision, the legislator expressly wished that time limits be set out in the ordinance in order to allow for a faster adaptation of Swiss law to international standards. Furthermore, the…