Patents of Invention

– Agreement with Switzerland of December 22, 1978, in force since April 1, 1980, according to which the Swiss Patent Law (including Regulations) is applicable in Liechtenstein (all applicable Swiss provisions, including the applicable version, are currently listed in LGBI. No. 397/2023).

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since July 14, 1933.
– Convention Establishing the World Intellectual Property Organization (WIPO), since May 21, 1972.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since September 17, 1972.
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since August 19, 1981.
– Patent Cooperation Treaty (PCT), since March 19, 1980.
– European Patent Convention, since April 1, 1980.
– Treaty with Switzerland (1978), since April 1, 1980.
– WTO’s TRIPS Agreement, since September 1, 1995.
– Patent Law Treaty, since December 18, 2009.

Protection

From April 1, 1980, an Agreement between Liechtenstein and Switzerland has been in force, under which Agreement the two countries constitute a single territory for patent purposes. The Swiss Federal Institute of Intellectual Property has been assigned the performance of the administrative tasks related hereto. Pursuant to this Treaty, persons or companies domiciled in the Principality of Liechtenstein are equal in status to those with their domicile in Switzerland. They are, in other words, not subject to compulsory representation. Persons or companies domiciled in Liechtenstein can be appointed as representative for the procedure before the Swiss Federal Institute of Intellectual Property, provided that they are competent to act as representatives in patent matters, according to Liechtenstein law.

From April 1, 1980, the Principality of Liechtenstein has been a member State of the European Patent Convention and the Patent Cooperation Treaty. The consequences of this membership in connection with the above-mentioned patent agreement between Liechtenstein and Switzerland are:

(A) For the European procedure:

A European patent can only be obtained for Switzerland and Liechtenstein by common designation; the designation of one is valid as designation of both states. Only one designation fee is payable for the common designation.

(B) For the International procedure (PCT):

According to the Patent Cooperation Treaty, Liechtenstein citizens and persons with domicile in the Principality of Liechtenstein can file international applications either with the Swiss Federal Institute of Intellectual Property or the European Patent Office as competent receiving Office. Switzerland and Liechtenstein can only be designated together; the designation of one is valid as designation for both states. Only one designation fee is payable. If it is intended to obtain a patent through the Swiss Federal Institute of Intellectual Property, it is preferable to only designate Switzerland (which includes designating Liechtenstein); in any case the words “regional patent” must not be used. Such a term would be taken as an intention to obtain a European patent.

All other questions concerning the granting of patents in connection with the Liechtenstein-Swiss Patent Treaty are referred to in the patent rules for Switzerland (see SWITZERLAND Section II. “Patents of Invention“).