Mr. Chen Ming-bang
Director General
National Bureau of Standards
Ministry of Economic Affairs
3F, 185 Hsinhai Road, Sec. 2
Taipei 106, Taiwan
Vaduz, 28 May 1997
Recognition of Priority Rights in Patent Applications for the T-
erritory of the Principality of Liechtenstein
Exchange of Letters between Switzerland on behalf of Liechtenst-
ein and Taiwan
Mr. Director General,
I have the pleasure to inform you of the following:
For the purposes of patent law Switzerland and the Principality
of Liechtenstein form a unified territory of protection. In acc-
ordance with the Treaty of 22 December 1978 between the Swiss C-
onfederation and the Principality of Liechtenstein on Patent Pr-
otection (Patent Treaty; copy enclosed), patents valid for the
unified territory of protection are unified patents and have the
same effect in both countries. The applicable law for that unif-
ied territory is the Patent Law of Switzerland. Patents can be
granted, transmitted, cancelled or lapse only for the whole ter-
ritory of protection. Both countries are parties to the European
Patent Convention of 1973 and to the Patent Cooperation Treaty
of 1970. Under these treaties, they can be designated together
only. The Swiss Federal Institute of Intellectual Property is t-
he competent authority to carry out with effect for the unified
territory of protection the administrative tasks deriving from
the patent legislation.
The Office of National Economy in Vaduz confirms that first app-
lications for invention patents which are duly filed at the Nat-
ional Bureau of Standards (NBS) under the Ministry of Economic
Affairs in Taipei by its nationals or nationals of another coun-
try which mutually recognizes priority rights with the NBS, on
or after [1 July 1997], shall have the same effect in the Princ-
ipality of Liechtenstein, which is part of the unified territory
for the purposes mentioned above, as first applications in a co-
untry party to the Paris Convention for the Protection of Indus-
trial Property. The priority right claimed in an application for
an invention patent filed at the Swiss Federal Institute of Int-
ellectual Property in Bern may be based on the filing at the NBS
of an application for a utility model patent or an invention pa-
tent, and the priority right claimed in an application for a ut-
ility model patent filed at the NBS may be based on the filing
at the Swiss Federal Institute of Intellectual Property of an a-
pplicatio n for an invention patent.
An Exchange of Letters reflecting the above-mentioned confirmat-
ion will be sent to you by the Swiss Federal Institute of Intel-
lectual Property, which represents the relevant authorities of
the Principality of Liechtenstein in accordance with Article 6 (
3) of the Patent Treaty.
I thank you for your kind cooperation.
Please accept, Mr. Director General, the assurances of my highe-
st consideration.
[Signed]
Hubert Buchel
Director
cc: Swiss Federal Institute of Intellectual Property, Berne
The Director
Mr. CHEN Ming-Bang
Director General
National Bureau of Standards
Ministry of Economic Affairs
3F, 185 Hsinhai Road, Sec. 2
Taipei 106, Taiwan
Bern, 18 August 1997
Direct line +41 31 322 48 46 Our reference 711 -Tt
Your reference Your message of
Recognition of Priority Rights in Patent Applications for the T-
erritory of the Principality of Liechtenstein
Dear Mr. Director General,
I have the honour to refer to the confirmation letter of 28 May
1997 addressed to you by Mr. Hubert Buchel, Director of the Lie-
chtenstein's Office of National Economy, in connection with the
recognition of priority rights in patent applications for the t-
erritory of the Principality of Liechtenstein.
For the purposes of patent law, Switzerland and the Principality
of Liechtenstein form a unified territory of protection. In acc-
ordance with the Treaty of 22 December 1978 between the Swiss C-
onfederation and the Principality of Liechtenstein on Patent Pr-
otection (”Patent Treaty”), patents valid for the unified ter-
ritory of protection are unified patents and have the same effe-
ct in both countries. The applicable law for that unified terri-
tory is the Patent Law of Switzerland. Patents can be granted,
trans mitted, cancelled or lapse only for the whole territory of
protection, that is to say for Switzerland and Liechtenstein at
the same time. Both countries are parties to the European Patent
Convention of 1973 and to the Patent Cooperation Treaty of 1970.
Under these treaties, they can be designated together only. The
Swiss Federal Institute of Intellectual Property is, in accorda-
nce with Article 7(1) of the Patent Treaty, the one and only au-
thority in charge of carrying out with effect for the unified t-
erritory of protection the administrative tasks deriving from t-
he patent legislation. This information has also been communica-
ted by the Delegations of Switzerland and Liechtenstein to all
the participants in the TRIPS Council in May 1997. Furthermore,
pursuant to Article 6(3) of the Patent Treaty, the Swiss compet-
ent authorities are authorized to represent Liechtenstein in bi-
lateral relations with third countries with regard to matters r-
elating to the unitary patent system.
The Swiss Federal Institute of Intellectual Property (Institute)
in Bern confirms the legal understanding that first applications
for invention patents or for utility model patents which are du-
ly filed at the National Bureau of Standards (NBS) under the Mi-
nistry of Economic Affairs in Taipei by its nationals or nation-
als of another country which mutually recognizes priority rights
with the NBS on or after 1 January 1996, shall have, not only in
Switzerland but also in the Principality of Liechtenstein as pa-
rt of the unitary territory for the purposes of patent protecti-
on, the same effect as first applications in a country party to
the Paris Convention for the Protection of Industrial Property.
The priority right claimed in an application for an invention p-
atent filed at the Institute may be based on the filing at the
NBS of an application for a utility model patent or an invention
patent, and the priority right claimed in an application for a
utility model patent filed at the NBS may be based on the filing
athe Institute of an application for an invention patent.
As indicated in the preceding paragraph, your nationals are enj-
oying the right to claim priority as from 1 January 1996 not on-
ly for Switzerland but also automatically for the Principality
of Liechtenstein as part of the unitary territory of protection
in the field of patents for invention.
This information-as well as the information that the NBS has al-
so confirmed the right to claim priority for applications filed
by Liechtenstein's nationals at the NBS-will be published in Sw-
itzerland in the Zeitschrift fur Immaterialguter-, Informations-
und Wettbewerbsrecht/Revue du droit de la propri'et'e intellect-
uelle, de l'nformation et de la concurrence ”sic!” (Review on
Intellectual Property, Information and Competition Laws ”sic!”
). In Liechtenstein, it will be communicated by an official pre-
ss release of the government.
I thank you for your kind cooperation and look forward to heari-
ng from you
Sincerely yours,
[Signed]
R. Grossenbacher
Copy to:Director R. Marxer, Office for Foreign Affairs, Vaduz,
Principality of Liechtenstein
Director H. Buchel, Office of National Economy, Vaduz,
Principality of Liechtenstein
Taipei, March 23, 1998
Dr. Ronald Grossenbacher
Director General
Swiss Federal Intellectual Property Office
Einsteinstrasse 2
CH-3003 Bern
Switzerland
Your reference: 711-Tt
Dear Director General:
I have the honor to acknowledge receipt of your letter of August
18, 1997 regarding the proposal made by Mr. Huber Buchel, Direc-
tor of the Liechtenstein Office of National Economy, for the re-
cognition of priority rights in patent applications for the ter-
ritory of the Principality of Liechtenstein dated May 28, 1997.
I have the honor, on behalf of the National Bureau of Standards
under the Ministry of Economic Affairs in Taipei, to inform you
that Director Buchel's proposal has been found to be agreeable.
Therefore, your letter and this replying letter shall constitute
an agreement between the National Bureau of Standards in Taipei
and the Office in Vaduz on mutual recognition of priority rights
in patent applications, and I have pleasure in informing you of
the following:
The National Bureau of Standards (NBS) under the Ministry of Ec-
onomic Affairs in Taipei confirms that, whereas the Treaty of 22
December 1978 between the Swiss Confederation and the Principal-
ity of Liechtenstein on Patent Protection remains in force, a L-
iechtenstein national who first files, on or after April 1, 1998
, an application for an invention patent with the Swiss Federal
Institute of Intellectual Property (Institute) or an application
for an invention patent or utility model with the patent officen
another country which mutually recognizes priority rights with
the ROC, shall enjoy the right to claim priority based on such
filing during the period provided for in the relevant laws and
regulations of the ROC. The priority right claimed in an applic-
ation for a utility model patent filed at the NBS may be based
on the filing at the Institute of an application for an inventi-
on patent, and the priority right claimed in an application for
an invention patent filed at the Institute may be based on the
filing at the NBS of an application for a utility model patent
or an invention patent.
It is also understood that the contents of the letters under re-
ference exchanged between the Institute and the NBS shall be ma-
de available to the interested circles and published in their r-
espective gazettes.
Please accept the assurances of my highest consideration.
Sincerely yours,
[Signed]
Ming-Bang Chen
Director General
c.c.:Director Hubert Buchel, office of National Economy, Vaduz,
Principality of Liechtenstein