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Switzerland

Ranked as the world’s most innovative economy by the World Intellectual Property Organization in 2021, Switzerland continues to be a hub for innovation. While the overall landscape is still dominated by companies in the life sciences and technology, Zurich is beginning to cement its position as Europe’s fintech hub, while Lausanne is making its mark in energy and health technology. The country’s innovation levels have kept the Swiss Federal Council busy, as it continues its efforts to modernise local patent processes. The proposed changes introduced the examination of applications for all patentability requirements, including novelty and inventiveness, reflecting a much-welcomed change that would align the Swiss patent system with that of its international counterparts. In addition, the reforms will also benefit start-ups and inventors, who could obtain fully protected patents without the expense of procuring a European patent at the European Patent Office (EPO). As an alternative, the option of a utility patent was also proposed, which would not require substantive examination, but would only remain valid for 10 years. Since then, further revisions have been made following feedback from the Swiss community. The utility patent option has been removed, following concerns of potential complications between utility and fully examined patents. Instead, inventors can apply for an unexamined Swiss patent. However, the Swiss Federal Institute of Intellectual Property will fully examine all patentability requirements upon request and all applications will be bolstered by a compulsory search report, supplying vital information on a patent’s potential eligibility for protection. Overall, the proposed changes to the Swiss patent system, which are expected to come into force by the end of 2022, have created opportunities for SMEs and solo inventors to obtain fully examined patents that are equally as robust as European patents, at a much lower >cost.

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