Swiss patent to be strengthened
Bern, 20.05.2026 — The completely revised Patents Ordinance was met with broad approval in the consultation process. The Federal Council approved the bill at its meeting on 20 May 2026. The Ordinance will come into force with the amended Patents Act on 1 January 2027. The new patent law will increase legal certainty and streamline procedures.
In the future, a search on the state of the art will be conducted for every patent application. Applicants will also have a new option: they will be able to either request a partially examined patent, as today, or have the application fully examined for novelty and inventive step in line with international standards.
The partial revision of the Patents Act necessitated amendments to the Patents Ordinance. The Ordinance regulates the details of the patent granting procedure. The Federal Council took this as an opportunity to completely revise the Ordinance. It conducted a consultation in summer 2025. The vast majority of participants welcomed the bill.
The Federal Council is also amending some sections of the Ordinance on the Protection of Trade Marks and Indications of Source and the Designs Ordinance at the same time. This is to ensure that the procedures for patents, trade marks and designs are harmonised where necessary.
How much will a Swiss patent cost?
In the future, those applying to patent an invention in Switzerland will pay an application fee of 200 Swiss francs, as before. However, it will now cover 15 patent claims instead of ten. In addition, a fee of 500 Swiss francs will apply for the new mandatory search on the state of the art. This search will increase legal certainty and transparency for applicants and third parties. It will enable them to assess whether their invention is eligible for protection. Currently, applicants can request this search on a voluntary basis.
A partial substantive examination will cost 400 Swiss francs instead of the current 500 Swiss francs. Applicants who wish to have their applications fully examined will pay an additional fee of 300 Swiss francs.
The implementation of the patent law revision will result in additional costs for the Swiss Federal Institute of Intellectual Property (IPI), so renewal fees will be increased. They will rise by a total of 8 per cent over the maximum term of a patent (20 years). A renewal fee will now be payable from the third year, rather than from the fourth year after filing. This is in line with international, and particularly European, standards.
The revised patent law and the amended Trade Mark Ordinance, Designs Ordinance and IPI Fee Ordinance will come into force on 1 January 2027.
Documents
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