Switzerland is currently in the process of partially revising its patent law with the aim of strengthening Swiss patents. In late 2022, the Federal Council presented a draft bill and the accompanying dispatch (Botschaft) that will now be debated in Parliament. This legal update provides an overview of the current stage of the revision with the main revision points and main consequences perceived for Swiss filers.
What happened so far
Currently, Swiss national patents are not examined for novelty or inventive step during the grant procedure; the Swiss Patent Office looks only into formal aspects and the other requirements such as technicality, clarity, and unity. In Switzerland, to obtain a fully examined patent, interested parties must apply for a European patent with the European Patent Office (EPO), an option that is often unsatisfactory for Swiss-focused SMEs. Read more