Should patent examination in Switzerland be adapted to international standards by examining applications for novelty and inventive step?
The motion "In favour of a modern Swiss patent" (available in German, French and Italian), submitted by Councillor of States Thomas Hefti in March 2019, proposes just this. A utility model without a substantive examination should be introduced as a more cost-effective alternative for applicants who do not wish to have a full patent examination. The motion also calls for an extended opposition procedure.
The Federal Council opened its consultation procedure on the partial revision of the Patents Act at its meeting of 14 October 2020. The consultation will run until 1 February 2021.
Following the adoption of the motion by the Federal Council on 29 May 2019, the Council of States then approved the motion on 4 June 2019 and the National Council on 12 December 2019. The IPI, as the competent federal authority, is now preparing a preliminary draft and the explanatory report on the Patents Act revision.
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