National patent application(s)

You can apply to patent an invention nationally, i.e. in one country or in several countries individually.  
An application for a Swiss patent should be submitted to us. You can then apply to patent the invention in other countries within 12 months (priority period).
With the help of an inexpensive Swiss Patent Application Search, you can assess the novelty and inventive step of your invention. If you request the search early enough, the report will be available within the priority year, which means you have time to make a decision on extending protection abroad.

Procedure for patenting a Swiss patent through the IPI

International patent application

With a PCT application, you can request protection in as many member states of the PCT (Patent Cooperation Treaty) – and therefore almost worldwide – as you want. It is a centralised application and search procedure. The national and regional IP offices named in the application are then responsible for granting the patent.
The application is submitted to the World Intellectual Property Organization (WIPO) or a national or regional IP office such as the EPO. The WIPO carries out a search on the state of the art (also known as prior art) and publishes the search report together with the application.
Within 30 months after the priority date, you initiate the national phase and make requests for examination at the offices desired.
You can find an overview of the PCT contracting states on the WIPO website.

PCT application

European patent application

With a European patent application, you can obtain patent protection in as many member countries of the European Patent Convention (EPC) as you want. Switzerland belongs to the EPC as do the states of the European Union.
The examination of the application – including for novelty and inventive step – and the granting of the patent take place centrally through the European Patent Office (EPO). Following the grant of the patent, you pay renewal fees in those countries in which you want to keep the patent in force.

European patent application

IPI Examination and granting

Information about the substantive examination, the granting and next steps

IPI Adminstration Cancellation

A patent is cancelled if:

• The renewal fees are not paid on time,

• The patent is revoked in an opposition proceeding

• The patent holder withdraws it in writing

• A court determines that it is void.

In all cases, a patent expires 20 years after the filing date at the latest. The invention which is the subject of a cancelled or annulled patent and any possible expired supplementary protection certificates (SPC) becomes state-of-the-art common property and can be freely used in Switzerland.