Patent registration in Switzerland

Switzerland is famous for being one of the most innovative countries in the world, so the number of patent applications is quite large. Switzerland is home to many of the world’s leading pharmaceutical companies such as Roche and Novartis. The country has strengths in new drug research and development, biotechnology, and diagnostics. Switzerland is also a global financial center, creating a favorable environment for the development of new financial technologies. Sectors such as blockchain, cryptocurrencies, insurtech, and regtech are thriving here. Switzerland has a long tradition of precision watchmaking and machinery, providing a solid foundation for the development of advanced materials and manufacturing technologies. Fields such as nanomaterials, 3D printing, and robotics are being heavily invested. Switzerland is the world’s leading center for medical device research and manufacturing. Fields such as implant technology, diagnostic imaging, and surgical robots are being focused on development. In addition, Switzerland has many other advantages such as a high-quality education system, a favorable business environment, policies that support innovation, and close cooperation between universities, research institutes and businesses. Viet An Law would like to guide customers through the preliminary procedures for patent registration in Switzerland through the article below.

Legal Basis

• Federal Law of June 25, 1954 on Patents for Inventions (status as of April 1, 2019)

Definition of an invention in Switzerland

In Switzerland, a patent is an intellectual property (IP) right to a technical invention. It allows patent holders to prevent others from using their invention for commercial purposes for up to 20 years.

Conditions for registering a patent in Switzerland

• Novelty: The invention must be new, which means it must not be publicly disclosed or made available to the public prior to the date of filing the patent application.
• Innovation: The invention must not be obvious to someone with expertise in the technical field, which means it must include an innovation step that is not easily deduced from existing technology.
• Industrial Applicability: The invention must be able to be created or used in any type of industry, which means it must have a practical application.

Types of patents not registered in Switzerland

• Discoveries, scientific theories, and mathematical methods
• Aesthetic Creativity
• Plans, rules, and methods for performing intellectual acts, playing games, or business
• Presentation of information
• Computer Programs
• Inventions whose commercial exploitation would be contrary to public order or ethics

Patent Search in Switzerland

Swiss Federal Institute of Intellectual Property (IPI) Database

IPI provides a free online database where users can search for Swiss patents, Swiss patent applications, and European patents in force in Switzerland. Users can search by keyword, applicant name, inventor name, patent number, or publication date. Customers can access the following link to look up: https://database.ipi.ch/database-client/search/query/patents?lang=en

Espacenet

This is a free online database of the European Patent Office (EPO) where users can search for European patents (including those that have been granted in Switzerland) and PCT applications. The system provides advanced search options and allows users to search for patents in a full way. If you want to look up, please visit the website: https://worldwide.espacenet.com/

Google Patents

Although not exclusive to Switzerland, Google Patents is a comprehensive database that allows users to search for patents from around the world, including those that have already been granted in Switzerland. Users can visit the following website: https://patents.google.com/

Patent registration dossier in Switzerland

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Fees for registration of industrial designs in Switzerland

Patent registration in Switzerland through the PCT system

What is the PCT System?

The PCT system stands for Patent  Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Switzerland.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Bureau (IB).

If you want to file a patent application in Switzerland, please contact Viet An Law for the most effective support.