Revised Swiss Patents Act – On Home Straight

On 15 March 2024, the Swiss Parliament passed the revised Swiss Patents Act (also "revPA"). Subject to a potential referendum, the revised Patents Act will likely enter into force in the course of the year 2026.

So far, the Swiss national patent granting procedure did not consider whether a particular invention was new and based on an inventive step, unlike the procedures in many other countries. The validity of a Swiss patent therefore remained uncertain. An applicant seeking a fully examined patent had to apply for a European Patent with protection also for Switzerland.

The revised Swiss Patents Act newly provides for:

• possibility to apply for a fully examined patent (Art. 58b(2) and 59(4) revPA). The low-cost and straightforward option to register a partially examined patent remains in place. The possibility to newly apply for a fully examined patent (including an examination as to novelty and inventive step) allows for a more secure alternative in line