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[null,"Prepared By:","Contributors:"]
[null,"Pestalozzi"]
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[]
[]
["Patents"]
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["Report Generated: 5/1/2025"]
[]
["View your report results on next tab"]

{"sheet":"Patents","index":1,"n_rows":26,"n_cols":2,"rows_kept":26,"cut":false,"hidden":false,"merged":[]}
["Question","Switzerland"]
["General"]
["Which patent-related international treaty is your country is a member of?"," Switzerland belongs to the following patent-related international treaties: \n\n \n\t Paris Convention \n\t Patent Cooperation Treaty (\" PCT \") \n\t TRIPS \n\t Strasbourg Agreement on the International Patent Classification (\" IPC \" ) system \n\t Patent Law Treaty (\" PLT \") \n\t Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure \n\t European Patent Convention (\" EPC \") \n \n"]
["Registration System"]
["What kinds of protection is available for inventions?"," Inventions protections available in Switzerland include: \n\n \n\t Inventions \n \n"]
["What kinds of subject matter (as such) are excluded from patent protection?"," The following subject matter is excluded from patent protection in Switzerland: \n\n \n\t Methods of medical treatment or diagnosis \n\t Computer programs \n\t Business methods \n\t 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. \n \n"]
["National Patent Filings"]
["What are the documents and information required for filing a national patent application?"," Documents and information required for filing a national patent application in Switzerland include: \n\n \n\t Name and address of the applicant(s) \n\t Name and address of the inventor(s) \n\t Specification (description, claims and drawings) \n\t Abstract \n\t 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 ) \n \n"]
["Publication, Amendment and Divisional Application"]
["Is it possible to request early publication or a deferment of publication?","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.\n"]
["Does the applicant have a provisional right upon the publication of an application?","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.\n"]
["When is it possible to file a voluntary amendment to specification?"," It is possible to file voluntary amendments in Switzerland at the following times: \n\n \n\t At the time of entry into the national phase (for PCT application) \n\t At the time of requesting examination \n\t Other: According to art. 58 PatA and art. 51 and 64 Ordinance to PatA , amendments are also possible at other time. \n \n"]
["Examination"]
["Is it required to file a request for substantive examination?","No, it is not required to file a request for substantive examination in Switzerland. \n"]
["Opposition"]
["Is there a third-party opposition procedure upon publication or after grant?","Yes, there is a third-party opposition procedure upon publication or after grant in Switzerland. \n"]
["Timeline"]
["What is the time period from application to grant for a straightforward application (no office actions or oppositions)?","The time period from application to grant in Switzerland is between 3-4 years.\n"]
["Is there any process for accelerated examination of application?","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.\n"]
["Annuity (Maintenance of a national patent)"]
["To maintain the validity of patent, is it required to pay an annuity in your country?","Yes, it is required to pay an annuity to maintain the validity of a patent in Switzerland. \n"]
["Is late payment of annuity permissible?","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.\n"]
["Enforcement"]
["What are the available enforcement methods in your country?"," Available enforcement methods in Switzerland include: \n\n \n\t Civil enforcement \n\t Criminal enforcement \n\t Misdemeanor enforcement \n\t Border measures \n \n"]
["Peculiarities"]
["Are there any peculiarities in the system of protection for a patent in your country, of which it is important for clients to be aware?","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 \nEuropean Patent Convention, where such examination is made.\n"]