If the invention is a solution to a technical problem, it can be protected under the Patents Act. A patent is granted for new industrially applicable innovations as long as they're not in any way part of the existing state of the art (also known as prior art). The Patents Act stipulates clear conditions for the granting of a patent: the invention must be a part of technology, it must be industrially applicable and it must be new and inventive. The patent for an invention grants protection for a maximum of 20 years.

A Swiss patent guarantees patent protection in Switzerland and Liechtenstein, limited to a maximum 20 years, as long as the annual renewal fees are paid. If they aren’t paid, the patent will expire, which means the invention will belong to the public domain.

Only inventions of a technical nature that can be used commercially can be patented. They must be new and not be derived in an obvious way from the state of the art (also known as the prior art).

For example, the following can't be protected:
 

• Anything that doesn't pertain to technology, such as ideas, lottery and accounting systems
• Anything that isn't industrially applicable (e.g. a perpetual motion machine that contravenes fundamental laws of physics)
• Surgical, therapeutic or diagnostic procedures carried out on human or animal bodies
• Animal breeds
• Plant varieties
• Inventions that, when used, are contrary to public morality or public policy can’t be patented either.

Yes, but not by a patent. Plant variety protection is regulated under the Plant Varieties Protection Act, which is administered by the Federal Office for Agriculture (FOAG).

No. The human body at all stages of its formation and development (i.e. including the embryo) is not patentable. Naturally occurring gene or partial gene sequences are also not patentable; this includes human as well as those of other origins.

See also «Biotechnological inventions»

A discovery is when a gene is merely found and described. An invention is when a gene is isolated in the context of a particular problem and the gene is either part of the solution or the entire solution and the gene is characterised by chemical or physical parameters. To be able to be patented, the requirements concerning novelty, inventive step and industrial applicability must also be met

See also «Biotechnological inventions»

Yes. Aesthetic creations are not patentable but they can be protected as a design. The scope of protection is different for each. A patent protects the technical teaching. In contrast, a design protects the aesthetic effect. The “petty patent” (utility model) isn’t recognised under Swiss law.

No. See Copyright instead of patents.

This is also called a “petty patent” because the granting procedure is simpler and the term of protection shorter. Germany and Austria, for example, grant such patents with a maximum term of 10 years. The date on an application for a utility model can, however, be claimed as the priority date for foreign patent applications.

The first step is to ascertain whether this issue is explicitly provided for in the employee's contract. If not, Article 332 of the Swiss Code of Obligations states that inventions made by employees within the context of their work and in the fulfilment of their employment obligations (or is involved in doing so) belong to the employer. Inventions that are made by an employee in the exercise of their duties but are not a result of specifically fulfilling their contractual obligations are to be registered with the employer. In turn, the employer has six months to decide whether to acquire the invention in question or to release it.

A distinction is made between the official searches done as part of the patent examination procedure and private searches that anyone can carry out themselves or have carried out for them. There are numerous questions – not only technical ones – that can be resolved through a patent search such as: Is there a danger that my invention infringes an existing patent? Can I have a competitor’s patent revoked (nullity)? Is the patent being offered for sale still in force? Is my invention really new? Has my technical problem already been solved by someone else? In which field is my competitor particularly active? Who is the leader in a particular sector? What are the trends in my specialist field? 
Such search services are carried out by various providers depending on the needs of the customer.

Patents are not considered a monopoly. They simply grant the owner the right to exclude third parties from commercially using the invention. Published IP rights are an exceptionally important source of information that aren’t available anywhere else. In exchange for the patent, the invention must be described in such a way that a person skilled in the art can carry it out. This means that once it has been granted and published as a patent specification, the patent functions not only as protection but also as a technical monograph ('transparency function').

National patent applications are preferable when protection is needed only in individual countries. It's also the only way to protect your invention in the (few) countries that don't belong to the European Patent Convention states (46 countries as of 30 July 2026) or the Patent Cooperation Treaty states (158 countries as of 30 July 2026). National applications have the disadvantage that applicants must file their application with each individual national office in which they want to protect their invention and go through the laborious granting procedures simultaneously.

An international application (Patent Cooperation Treaty, PCT) grants protection for an invention in all of the contracting states (158 countries as of 30 July 2026) designated by the applicant. This is a centralised application procedure that includes searches. However, the substantive examination and the grant of the patent are done by the national or regional offices named in the application, for example the European Patent Office. Therefore, contrary to popular opinion, there's no worldwide or international patent as such. There's only the possibility to apply internationally.

Only the United States. Information on these requirements for individual countries can be found in the PCT Guide for Applicants.

A patent application must include a description of the invention, the patent claims (what is actually being protected), an abstract and, where necessary, technical drawings. In addition, the application fee must be paid. These requirements are examined by the IPI, whereas novelty and inventive step are not (see Search for a Swiss Patent Application). After the fourth year, an annual renewal fee must be paid.

An examination for novelty increases the expense of a patent procedure, whereas the aim of a Swiss patent is to be a cost-effective IP right. Even if the examination does not include novelty, it is still a requirement for patentability and is legally contestable. For this reason, it is in the interest of every applicant or inventor to make a careful analysis of the state of the art first. As part of the application process, we offer an optional Search for a Swiss Patent Application in which we carry out a search for you that closely follows the European standard by assessing the novelty and inventive step of your invention. EPC and PCT patent procedures examine novelty. In the national procedure, there is also the possibility of an optional international-type search (fees are paid to the European Patent Office).

Patent specifications are the most important sources of technical information. Thanks to the Espacenet database, it's possible to carry out free searches in patent documents published worldwide. Our website also contains links to other patent collections that can be accessed online. It also provides details of providers of advanced searches.

Are you looking for a recognised international depositary authority for biological material in accordance with the Budapest Treaty? Then the following link is the right thing for you: List of all depositary authorities in accoradance with the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (pdf).

The inventor must be declared by name in the published patent application, the patent register, the patent specification and the publication of the granted patent

An invention is considered new/novel when it doesn’t belong to the state of the art (also known as prior art). The state of the art includes everything that was publicly available before the application or priority date through written or oral descriptions, through use or in any other way. Novelty is worldwide and absolute.

In Switzerland and Liechtenstein, the application is usually published 18 months after the application or priority date. This is in keeping with typical international practice: in most countries as well as in the EP and PCT procedures, the application is also published after 18 months.

This can be done through a written declaration (notarised signature). The transfer is independent of entry in the patent register (Art. 33, PatA). If the transfer took place before the patent application was filed, it must be noted under the mention of the inventor. Note that in the USA, it is mandatory to declare all inventors.

Members of signatory countries to the Paris Convention for the Protection of Industrial Property (the Paris Convention), members domiciled in Paris Convention countries, members of a country with a reciprocal agreement with Switzerland as specified in Article 17 and 18 of the Swiss Patents Act, and members of World Trade Organization (WTO) countries.

If the patent applicant or patent holder has failed to meet a deadline set by law or by the IPI, he or she may request further processing from the IPI. The request must be filed within two months after receipt of the notification of the expired time limit, or at the latest within six months of expiry of the missed deadline. Within this time period, all of the required actions must be taken, the patent application completed if necessary, and the corresponding fee for further processing paid. If the request is accepted, the situation which would have existed had the time limit been respected will be reinstated.

However, further processing is excluded in cases of expiration of the following deadlines (see Art. 46a para. 4 of the Patents Act):

• Time limits that do not have to be observed vis-à-vis the IPI
• Time limits for filing a request for further processing
• Time limits for filing a request for re-establishment of rights (see below);
• Time limits for filing a patent application accompanied by a claim for the right of priority and for the declaration of priority
• The time limit for the modification of technical documents
• Time limits for applying for the grant of a supplementary protection certificate
• Time limits laid down by ordinance where failure to comply with that time limit excludes further processing.

If the patent applicant can show that he was prevented from meeting a time limit set by the law, by the ordinance or by the IPI through no fault of his own, he will have his rights re-established upon request. The request must be submitted within two months of the removal of the cause, or at the latest one year after the expiry of the time limit; simultaneously the omitted act must also be completed. The re-establishment of rights is not possible if the time limits for requesting the re-establishment itself has expired. If the request is accepted, the situation which would have existed had the time limit been respected will be reinstated.

Decisions by the IPI in patent matters may be appealed to the Federal Administrative Court.

No, but the first filing date determines the priority period during which subsequent applications can be made using this original date.

Annual renewal fees must be paid in advance for every patent application and patent beginning the fourth year after filing the application. They are due every year on the last day of the month in which the patent application was filed. The fees must be received within six months of the due date. For fees received within the last three months of the due date, a surcharge must be paid.

No. There is no such requirement. The legal transfer of the patent application and the patent must be made in writing for it to be valid, but the transfer does not have to be entered in the patent register. However, until the entry in the patent register is made, legal action can be taken against the previous owners. The rights of third parties who are not entered in the patent register have no effect against the claims of a person who acquires the patent rights in good faith.

By not paying the annual renewal fees; if the patent is revoked through opposition proceedings; if it is declared invalid by a court; or if the patent owner waives it in writing.

Three years after the patent has been granted, but no earlier than four years after the patent application, anyone who can prove an interest has the right to appeal to a court  for a non-exclusive licence for the use of the invention if the patent owner has not sufficiently used it in Switzerland up to the time of the appeal and does not wish justify this omission. Sufficient use of an invention in Switzerland also includes importing.

(Art. 37 PatA)

Licencing agreements are not regulated in detail by law therefore it is worth closely examining the various clauses of such an agreement. Various organisations have standardised agreements available, but again it is worth involving an experienced patent attorney in such matters.

An SPC is a Supplementary Protection Certificate. It is granted for active ingredients that must be federally approved such as medicinal products and pesticides. These substances cannot be brought de facto to market without permission (market authorisation) from the appropriate office (i.e. Swissmedic or the Federal Veterinary Office). SPCs are valid for a maximum of five years. An SPC requires official approval for the active ingredients and a valid patent.

Yes. There are two possibilities:

• Anyone can file an opposition with the IPI within nine months of the patent being granted. A CHF 800 fee must be paid and the grounds for the opposition must be made in writing. However, it is only possible to oppose the grant of a patent if it  contains inventions that are not patentable under law (Art. 1a, 1b and 2, PatA). Such inventions are, for example, the human body at all stages of its formation and development or naturally occurring genes or partial sequences of genes. Opposition can also be filed against inventions, whose application would be contrary to public convention or morality. The IPI decides whether the opposition should be rejected, whether the patent should be revoked or whether it should be kept in force with a modified scope.

 
• If the novelty, inventive step or disclosure of the invention (i.e. the invention is not disclosed in such a manner that a person skilled in the art could reproduce it based on the patent), an action of nullity may be filed with a civil court in Switzerland. A nullity action may also be filed against a patent that contains inventions that are not patentable or with a scope of protection that has been extended beyond the original claim. A nullity action can be filed during the entire lifetime of the patent.