Switzerland belongs to the following patent-related international treaties:

• Paris Convention
• Patent Cooperation Treaty ("PCT")
• TRIPS
• Strasbourg Agreement on the International Patent Classification ("IPC") system
• Patent Law Treaty ("PLT")
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
• European Patent Convention ("EPC")

Inventions protections available in Switzerland include:

• Inventions

The following subject matter is excluded from patent protection in Switzerland:

• Methods of medical treatment or diagnosis
• Computer programs
• Business methods
• Other: No patent may be granted for: (a) processes for cloning human beings and the clones obtained thereby; (b) processes for forming hybrid organisms by using human germ cells, human totipotent cells or human embryonic stem cells and the entities obtained thereby; (c) processes of parthenogenesis by using human germinal material and the parthenogenetic entities obtained thereby; (d) processes for modifying the germ line genetic identity of human beings and the germline cells obtained thereby; (e) unmodified human embryonic stem cells and stem cell lines; (f) the use of human embryos for non-medical purposes; (g) processes for modifying the genetic identity of animals which are likely to cause them suffering without being justified by overriding interests worthy of protection, and also animals resulting from such processes. Also excluded from patentability are (a) methods for treatment by surgery or therapy and diagnostic methods practiced on the human or animal body; (b) plant varieties and animal varieties or essentially biological processes for the production of plants or animals; however, subject to the reservation of paragraph 1, microbiological or other technical processes and the products obtained thereby as well as inventions that concern plants or animals are patentable provided that their application is not technically confined to a single plant or animal variety. Computer programs and Business methods are not listed in the law but case law considers that there are not patentable.

Documents and information required for filing a national patent application in Switzerland include:

• Name and address of the applicant(s)
• Name and address of the inventor(s)
• Specification (description, claims and drawings)
• Abstract
• Other: A filing date can be granted despite the fact that some of the above elements are missing (art. 49 PatA and art. 24 Ordinance to PatA)

Yes, it is possible to request early publication or deferment of publication in Switzerland, if the filing date has been granted and the patent application meets all the requirements of the law.

Yes, the applicant has a provisional right upon publication of an application in Switzerland. This exists from the date of the application, the invention is provisionally protected – provided that the patent is granted later. Only after the patent is granted does the applicant receives full and enforceable legal protection, which is valid retroactively from the priority date.

It is possible to file voluntary amendments in Switzerland at the following times:

• At the time of entry into the national phase (for PCT application)
• At the time of requesting examination
• Other: According to art. 58 PatA and art. 51 and 64 Ordinance to PatA, amendments are also possible at other time.

No, it is not required to file a request for substantive examination in Switzerland. 

Yes, there is a third-party opposition procedure upon publication or after grant in Switzerland. 

The time period from application to grant in Switzerland is between 3-4 years.

Yes, there is a process for accelerated examination of an application in Switzerland. The applicant may, at any time until the completion of the substantive examination, apply for an accelerated procedure without giving reasons. An additional CHF 200.00 will be charged for an accelerated procedure.

Yes, it is required to pay an annuity to maintain the validity of a patent in Switzerland. 

Yes, late payment of an annuity is permissible in Switzerland. If annuities have not been paid on time, a request for further processing can be filed to prevent the loss of the patent right. Therefore, the proprietor of the patent must file a request for further processing with the IPI within two months of receiving notice from the IPI of failure to observe the time limit, and six months at the latest from the expiry of the said time limit. In addition, he must carry out in full, within these time limits, the omitted act and pay the fee for further processing.

Available enforcement methods in Switzerland include:

• Civil enforcement
• Criminal enforcement
• Misdemeanor enforcement
• Border measures

Under Swiss law, there is no examination of the inventivity and novelty during the prosecution proceedings. The majority of the patents that are protected in Switzerland are protected via the European Patent Convention, where such examination is made.