Switzerland has undergone a comprehensive modernization of its Patent Act. This reform aims to strengthen the Swiss national patent system and align it more closely with international standards. The new law is scheduled to take effect in 2027.

Key revisions to the Swiss Patent Act include: mandatory state-of-the-art search, optional full substantive examination, acceptance of English-language technical documents, and a new appeal system.

In March 2024, the Swiss Federal Assembly passed partial amendments to the Patent Act, introducing new mechanisms to the Swiss patent system. With the support of institutions such as the Association of Swiss Patent and Trademark Attorneys (VSP–ASCPI–ASPTA), the Swiss government proposed these amendments to establish more comprehensive and transparent examination and appeal procedures.

The relevant ordinances were open for public consultation from April 30 to August 22, 2025. According to the Swiss Federal Institute of Intellectual Property (IPI), the draft of the fully revised Patent Ordinance received widespread approval. The Federal Council approved the ordinance at its meeting on May 20, confirming that this modernized patent legislation will officially take effect on January 1, 2027.

Most of the core proposals discussed at that time have now been formally adopted.

Full Examination

One of the most significant changes in this reform is the full substantive examination. A press release issued by the Swiss federal authorities states that in the future, all patent applications will undergo a search of the state of the art. Previously, the Swiss Federal Institute of Intellectual Property primarily examined formal requirements and excluded subject matter, without conducting a full examination of novelty and inventive step.

Henceforth, applicants may choose to apply for a patent with partial examination or undergo a full examination of novelty and inventive step in accordance with international standards. The objective is to create stronger and more reliable Swiss patents that are comparable to fully examined patents internationally.

Mandatory Search Report

Furthermore, the Swiss Federal Institute of Intellectual Property will issue a mandatory search report to determine the state of the art in the field of the invention, and every patent will be accompanied by this report. The report format is consistent with that issued by the European Patent Office (EPO) and will clearly define patentable subject matter.

Currently, Swiss patent applications only need to meet necessary formal requirements (such as formatting), after which examiners may issue a partial grant certificate without examining the state of the art. Comprehensive searches were previously optional and required a separate application.

The reform aims to improve patent transparency and quality. After the revision, consistent with the European Patent Office, opposing parties may challenge granted patent applications based on substantive grounds such as novelty or inventive step.

Applicants and third parties may appeal decisions made by the Swiss Federal Institute of Intellectual Property; appeal cases will be heard by the Federal Patent Court rather than the Federal Administrative Court. The current opposition procedure of the office (which has never been utilized to date) will be abolished.

Language and Fees

Henceforth, technical documents may be submitted in English. This measure will reduce translation costs and increase the attractiveness of the Swiss patent system to international applicants.

In its Frequently Asked Questions, the Swiss Federal Institute of Intellectual Property notes that this reform leads to an increase in system costs. Consequently, in addition to the 200 Swiss Franc application fee, patent applicants must pay an additional 500 Swiss Franc search fee. The application fee will now cover 15 claims instead of the original 10.

The office states that most patent applications already pending and for which examination fees have not been paid at the time the new regulations take effect will automatically be subject to the new law. Therefore, the examination of these patents will be completed in accordance with the new regulations.

However, exceptions will be made for patent applications that are in the late stages of examination, for which examination fees have been paid before January 1, 2027, and which were not deferred at that time. Such applications will be examined according to the current regulations. In such cases, novelty and inventive step cannot be examined. Even if the examination fee has been paid, pending applications may be examined according to the new regulations at the request of the patent holder.

Although a utility model system was mentioned in early reform discussions, Switzerland ultimately did not introduce it. In Switzerland, certain laws are still subject to challenges via the optional referendum process, but no successful referendum was initiated for this patent reform. Consequently, these amendments are final at the political and legal levels and will be officially implemented at the beginning of 2027