The Swiss Patent Act is currently undergoing revision, and its new version is expected to enter into force on January 1, 2027. The aim of this reform is to strengthen the Swiss patent system and enhance its attractiveness.
While these changes are welcome, they also mean that certain inventions that are currently patentable in Switzerland will no longer be patentable in the future, or will be so only under stricter conditions. This will particularly affect “simple” inventions or those involving a low level of inventive step.
One of the main new features is the introduction of a mandatory (and fee-based) prior art search, the report of which will be published together with the patent application. It will also be possible to request a full examination of all patentability requirements. Other planned amendments include the possibility of filing patent applications in English, the payment of annual fees starting from the 3rd year (instead of the 4th year as is currently the case), and the jurisdiction of the Federal Patent Court to hear appeals against decisions of the Swiss Federal Institute of Intellectual Property (IPI) in patent matters.
The Swiss patent will thus become stronger, but also more expensive and more demanding to obtain. Where the Swiss market is of particular importance, it is advisable to file patent applications as soon as possible before the end of 2026 in order to continue benefiting from the current regime, which is more favorable to incremental inventions that differ only slightly from the prior art. Steps can also be taken to ensure that Swiss patent applications already filed will not be subject to the revised law. We remain at your disposal should you require further information.
