Patents Laws in Switzerland
Sure! Here’s a clear overview of patent laws in Switzerland:
🇨🇭 Overview of Swiss Patent Law
1. Governing Authority
The Swiss Federal Institute of Intellectual Property (IGE/IPI) is responsible for granting and managing patents in Switzerland.
Switzerland is a member of the European Patent Convention (EPC) and the Patent Cooperation Treaty (PCT), enabling regional and international patent protection.
2. Legal Framework
The main legislation is the Swiss Patent Act (PatG), which regulates patents.
The Patent Ordinance provides additional procedural details.
🔑 Key Features of Swiss Patent Law
1. Patentability Criteria
To obtain a patent in Switzerland, an invention must:
Be novel (new and not known to the public anywhere in the world)
Involve an inventive step (non-obvious to a person skilled in the art)
Be industrially applicable (usable in some industry)
2. Exclusions
Not patentable:
Discoveries, scientific theories, mathematical methods
Aesthetic creations
Business methods, schemes, and rules for performing mental acts or playing games
Methods of medical treatment (surgical or therapeutic methods on humans or animals)
Plant or animal varieties and processes for breeding them
Note: Products such as pharmaceuticals and medical devices can be patented.
3. Patent Term
Standard patent protection lasts 20 years from the filing date, subject to payment of renewal fees.
Extensions via Supplementary Protection Certificates (SPCs) are available for pharmaceuticals and plant protection products (up to 5 years).
4. Patent Application Process
Patents can be obtained:
Nationally by filing with the Swiss IPI
Regionally via the European Patent Office (EPO) designating Switzerland
Internationally via the PCT system entering the Swiss national phase
5. Enforcement
Patent holders can enforce their rights through Swiss courts.
Remedies include injunctions, damages, and destruction of infringing products.
🔄 Renewal Fees
Renewal fees start to be paid from the third year after filing.
Failure to pay fees results in patent lapse.
🔗 Switzerland & International Patent Systems
European Patent Convention (EPC): Grants a European patent that, upon validation, is effective in Switzerland.
Patent Cooperation Treaty (PCT): Allows an international application, which can enter the Swiss national phase.
🛡️ Utility Models
Switzerland does not have a utility model system.
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