PCT NATIONAL PHASE ENTRY
Switzerland

Switzerland Map

Over a century ago, Paul Perret secured Switzerland's first patent on November 1, 1888, marking the beginning of a legacy of innovation. Today, Switzerland continues to thrive as a hub for inventors and groundbreaking ideas. In the age of big data and artificial intelligence, the importance of patents has skyrocketed, making Switzerland's participation in the European Patent Organization (EPO) a key factor in global innovation.

Switzerland became a Patent Cooperation Treaty (PCT) contracting state on 24 January 1978. The Patent Cooperation Treaty enables applicants to seek patent protection in numerous contracting states, essentially on a global scale, through a single patent application. Subsequently, the examination and granting of the patent are handled by the relevant national authorities or, in the case of Europe, the European Patent Office. Thus, Switzerland is eligible for designation in a European Patent Application. This is due to the fact that Switzerland and Liechtenstein collectively constitute a unified territory for the purposes of patent protection. Consequently, designating Switzerland automatically encompasses a designation for Liechtenstein.

DEADLINE TO FILE PATENT APPLICATION

The designated period for submitting a patent application in Switzerland under the framework of the Patent Cooperation Treaty (PCT) is 30 months from the earliest date of priority.

LANGUAGE TO FILE NATIONAL PHASE APPLICATION

In Switzerland, patent applications must be filed in either German, French, or Italian, the official languages. If the international application is in a different official language, it is imperative to provide a translation into German, French, and Italian. This requirement ensures precision and adherence to regulations, facilitating a smooth and trouble-free advancement through the patenting procedures.

EXTENSION FOR LATE ENTRY INTO NATIONAL PHASE

The timelimit for submitting a patent application to the late national phase entry can not be extended.

REQUIREMENTS FOR FILING PATENT APPLICATION

The essential documents required for filing a national phase application include:

  • Priority document

  • Translation

  • Power of Attorney: Submitting a Power of Attorney is generally not required. However, the Swiss Federal Institute of Intellectual Property may ask for it when necessary.

COST EXEMPTION AVAILABLITY FOR NATIONAL PHASE FILING

No exemptions in cost are granted for the patent application when entering the national phase.

REQUEST FOR EXAMINATION

Before the substantive examination starts, the IPI sends a bill indicating a deadline for paying the required fees. The fee must be paid before the substantive examination begins.

RENEWAL FEE

Fees are payable from the fourth year onward following the international filing date. The initial annual payment is expected on the last day of the month in which the fourth anniversary (48 months) of the international filing date falls.

PATENT TERM

The patent term for protection patents in Russia is twenty years from the date of filing the application. During the five-year transitional period from January 1, 2019, to December 31, 2023, in Switzerland, a pediatric extension application that supports the development and accessibility of medicines for children can be submitted up to six months before the Supplementary Protection Certificate (SPC) expires. Similarly, a pediatric certificate may be submitted no later than six months before the expiry of the basic patent.

INNOVATION INDEX

Switzerland is at the top among 132 economies in the GII 2022. The Global Innovation Index (GII) evaluates countries based on their innovation abilities. With about 80 indicators, split into innovation inputs and outputs, the GII tries to measure the many aspects of innovation.

KEY FACTORS

Switzerland stands prominently among the nations with one of the highest per capita GDP levels globally, showcasing its exceptional economic prowess, particularly driven by the dynamic services sector. The European Union assumes a critical role as Switzerland's foremost and indispensable trading partner. Switzerland's economic prominence is further underscored by its noteworthy 20th position in the global GDP rankings.

Disclaimer: The information available on this portal is solely for your kind perusal and general interest only. All the information on the portal is provided in good faith and therefore should not be relied upon or construed as a legal advice. If you find and/or encounter any errors, inaccuracies or discrepancies in such information, please write us.