The amended federal law on patents for inventions, which entered into force 1 July, 2008, introduced some important changes in the procedure for granting Swiss patents.
1. Publication of patent applications
One of the main changes in procedure concerns the publication of patent applications. Up until now, only the granting of a patent resulted in the patent document being published in Switzerland, thus disclosing the invention. This meant that inventions described in patent applications not yet granted were not made public. Moreover, the granting procedure of a Swiss patent lasting generally several years, these inventions were often disclosed after a significant time lapse from the date of filing.
In order to assure a more rapid distribution of technical knowledge and to improve the position of the applicants as well as third parties, Switzerland decided to conform to the international standards and introduce the publication of a patent application 18 months after the date of filing or date of priority.
The amendment applies only to patent applications which are filed after the entry into force of the revised law.
2. Prior Art Search for Swiss Patent Application in French, German, Italian or English
Under Swiss law, patent applications are not examined for novelty or inventive step as part of the examination procedure. However, the amended law introduces the option for the applicant to request a prior art search for a Swiss patent application from the Institute. This optional search, which must be requested within 14 months of the date of filing or priority results in a search report which is published with the patent application.
Such a research can be requested provided the patent application is filed in one of the Swiss official languages, i.e. German, French or Italian, but also for applications filed into English.
3. Filing opposition
The amended law provides the right to oppose a patent granted under the new law. However, it is limited to questions of exclusion for patentability, notably for inventions in the domain of biotechnology. Filing opposition must be done with the Institute within nine months of the date the patent is granted. The procedure may result in the patent being upheld, modified, or cancelled.
4. Miscellaneous
In applying the Patent Law Treaty ratified by Switzerland, the new law eases requirements for filing an application for a Swiss patent in regards to language and filing formalities. It will be possible, for example, to file an application in a language other than French, German, or Italian and to submit a translation in an official language later.
As of 1 July 2008, data concerning Swiss protective rights titles as well as Swiss patent documents are published exclusively in electronic form. Additionally, only the information published in the data-base www.swissreg.ch, which is accessible online free of charge and which replaces the current paper-copy publication, will be binding.
