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Swiss Patent Requirements

Introduction

To obtain patent protection in Switzerland, an invention must satisfy specific legal and technical requirements defined by the Swiss Federal Institute of Intellectual Property (IPI). Understanding these criteria helps inventors and companies prepare a strong application and increases the likelihood of successful registration.

Below are the key requirements for securing a patent in Switzerland.

1) Novelty

Your invention must be new at the time of filing.
This means:

  • It must not have been publicly disclosed anywhere in the world
  • No publication, product release, presentation, or online posting should describe the invention
  • Even disclosure by the inventor themselves can destroy novelty

Switzerland follows an absolute novelty standard.

2) Inventive Step (Non-Obviousness)

The invention must include a significant inventive contribution beyond existing knowledge.

This means:

  • A person skilled in the field should not be able to derive the invention easily from known technologies
  • The improvement must be more than a routine or obvious modification
  • There must be a clear technical advantage or innovation

Inventive step is one of the most critical elements in any patent application.

3) Industrial Applicability

The invention must be capable of industrial use, meaning:

  • It can be manufactured, applied, or implemented in a practical setting
  • It solves a real technical problem
  • The invention is functional and reproducible

Abstract ideas without practical application are not patentable.

4) Technical Character

A patentable invention must have a technical nature, which includes:

  • A physical product
  • A technical method or process
  • A system, device, or apparatus
  • A technical solution to a real-world problem

Purely intellectual ideas, artistic concepts, or business strategies without technical implementation are excluded.

5) Sufficient Disclosure

The application must describe the invention in a way that:

  • Enables a skilled person to understand and reproduce it
  • Includes detailed technical information
  • Provides clear drawings, embodiments, or examples
  • Matches the claims without inconsistencies

Incomplete or vague descriptions can lead to rejection.

6) Clear and Supported Claims

Patent claims define the legal scope of protection.
They must be:

  • Precise and unambiguous
  • Fully supported by the description
  • Written in accordance with IPI standards
  • Technically accurate and consistent

Weak or unclear claims can significantly limit patent protection.

7) Subject-Matter Eligibility (Non-Patentable Items)

Certain ideas and innovations cannot be patented in Switzerland, including:

  • Scientific theories and mathematical methods
  • Business methods without technical character
  • Computer programs as such (unless they provide a technical effect)
  • Diagnostic methods practiced on humans or animals
  • Medical or surgical treatment methods
  • Plant and animal varieties
  • Inventions against public order or morality

Only inventions with clear technical contribution are patent-eligible.

8) Formal Requirements

To meet IPI standards, the application must include:

  • Description
  • Claims
  • Abstract
  • Drawings (if necessary)
  • Applicant and inventor details
  • Required fees paid on time

Failing to meet formal requirements can delay or invalidate the application.

⭐ Summary

To qualify for a Swiss patent, an invention must be:

✔ New
✔ Inventive
✔ Industrially applicable
✔ Technically meaningful
✔ Fully and clearly disclosed
✔ Supported by precise claims
✔ Within the scope of patent-eligible subject matter

Meeting these requirements ensures a stronger and more defensible patent in Switzerland.