The reform of the Swiss patent legislation has been designed to strengthen the Swiss patent system and Switzerland's standing as a hub for technology and innovation (cf. our previous newsflash of 15 March 2024). The reform goes back to a parliamentary motion approved by the Swiss Parliament in 2019 and was strongly supported by the main NGOs active in protecting intellectual property rights.

Revision of the Swiss Patent Act

The main reform points of the revised Swiss Patent Act are:

• More transparency: Every patent application will have a mandatory state-of-the-art search and the report will be published online alongside the application.
• More legal certainty: Applicants can either apply for a partially examined patent, as it is currently the case, or have their application fully examined in accordance with international standards, which includes an examination of novelty and inventive step. Swiss patents will become much more robust than before.
• More efficiency: Technical documents may be filed in English, reducing the burden of translation.
• More streamlined appeal proceedings: Instead of the current opposition procedure to the Swiss Federal Administrative Court (comprising legal judges only), appeals will be decided by the Swiss Federal Patent Court (comprising legal and technical judges).

Parallel Revision of the Swiss Patent Ordinance

The revision of the Patent Act has called for an amendment to the Patent Ordinance and of the IPI Fee Ordinance. The Federal Council seized the opportunity presented by the revision of the Swiss Patent Act to completely revise the Patent Ordinance and modernize the filing and examination process.

The main changes relate to the implementation of the Swiss Patent Act and specifically address:

• Removal of digital barriers: Electronic communication and electronic data management will be made easier.
• Role of the IPI: The IPI (Federal Institute of Intellectual Property) will now prepare a prior art report for each application and publish it. The details of the IPI’s duties in determining the prior art and the conditions for waiving the preparation of the report are regulated in the Patent Ordinance.
• Examination scope: The extent of the documentation to be filed for each patent application has been adapted to accommodate the introduction of the optional full examination.
• Application and examination fees: Application fees have remained unchanged, but now cover more patent claims. Partial examination costs will be slightly reduced; however, additional fees apply for full examination.

These improvements will entail numerous technical simplifications and improvements for applicants streamlining the patent grant procedure and facilitating a quicker issuance of patents.

Comparison with the European Patent System

Compared with current European standards, the Swiss patent system takes a more applicant-friendly approach allowing alternatives to a full examination. The compulsory prior-art search gives applicants the option to request a full examination, bringing Swiss practice closer to the EPO model. In practice, this makes the Swiss system more robust than before.

On the procedural side, the European patent system includes a centralized opposition procedure after grant, which can revoke or maintain the patent across all designated states. However, Swiss national patents do not mirror the EPC-wide opposition framework.

Swiss patents are also not ruled by the Unified Patent Court (UPC). Switzerland is not an EU member, and the Swiss Federal Patent Court remains the competent court for assessing validity of Swiss patents. A Swiss patent still remains a national patent right.

Outlook

The revision of the Swiss patent regime will benefit companies that look for robust patent protection in Switzerland, but are not willing to take on the burden of a patent application process under the European Patent Convention (EPC), such as SMEs and individual inventors. Applicants are in the position to decide on speed, costs, and whether validity matters more than preserving a partial examination regime. Overall, the revised system promises a more flexible, accessible, and business-friendly patent framework for companies of all sizes.

If you have any questions about this topic, your usual Schellenberg Wittmer contact or any of our lawyers in our Intellectual Property team will be happy to assist you.