01 In favour of a modern Swiss patent – the consultation procedure on the Patents Act revision has been opened
The Federal Council wants to modernise the Swiss patent system and adapt it to international standards. It opened the consultation procedure on the partial revision of the Patents Act on 14 October 2020.
The consultation proposes that a patent should only be granted if the invention to be patented is novel and innovative. This would lead to more legal certainty and increase the value of granted patents. The new fully examined Swiss patent would provide SMEs and sole inventors, in particular, with an advantageous alternative to a fully examined European patent.
The consultation also proposes the introduction of a utility model, which would be granted without a substantive examination and have a shorter term of protection. Innovators could thus better tailor their IP strategy to their economic needs and opportunities.
As a further advantage, the consultation proposes that English be widely used in application, opposition and appeal procedures.
The consultation period runs until 1 February 2021.
You can find further information in the Federal Council’s media release.
Federal Institute of Intellectual Property
Deputy Director General