Major changes for national Swiss patent applications: More transparency, greater strategic flexibility, and new decision-making options for applicants
The revised Swiss Patent Act will enter into force on 1 January 2027. For applicants filing national Swiss patent applications, the reform introduces significant changes to the patent grant procedure.
In the future, every national Swiss patent application will be subject to a mandatory prior art search. In addition, applicants will have the option to request a full substantive examination, including an assessment of novelty and inventive step.
The existing partially examined Swiss patent system will remain available but will be supplemented by a mandatory search requirement. At the same time, the introduction of optional full examination creates a new strategic choice for companies, patent departments, and law firms.
As a result, national Swiss patent applications will need to be integrated more carefully into overall patent portfolio and protection strategies.
The reform primarily affects national Swiss patent applications. European patents validated in Switzerland will remain fundamentally unchanged. However, companies that use national Swiss filings alongside European patent applications, or that currently have pending Swiss applications in their portfolios, should review the upcoming changes at an early stage.
What Was the Previous Legal Situation?
Under the current Swiss patent system, novelty and inventive step have always been substantive requirements for patent validity. However, the key difference was the examination procedure.
Before grant, the Swiss Federal Institute of Intellectual Property (IPI) did not automatically examine national Swiss patent applications to determine whether the claimed invention was new and involved an inventive step.
As a result, a Swiss patent could be granted even if it later became apparent that the claimed invention was not patentable in view of existing prior art.
The issue of patentability could then become relevant during invalidity proceedings or patent infringement disputes.
Although applicants could request a prior art search under the previous system, such a search was not a mandatory part of the grant procedure. This meant that applicants and their advisers carried greater responsibility when assessing the strength and potential risks of an application.
What Will Change from 1 January 2027?
The partially examined Swiss patent will continue to exist. The major change is that every national Swiss patent application will now include a mandatory, fee-based prior art search.
The main findings of the search will be summarized in an official opinion, and the search report will be published together with the patent application.
This change significantly improves transparency within the Swiss patent process. Applicants will receive an earlier and more reliable assessment of potentially relevant prior art that could affect the patentability of their invention.
Third parties will also benefit by being able to better evaluate the strength and potential scope of published Swiss patent applications.
In addition, applicants will be able to request a full substantive examination. In this case, the Swiss Federal Institute of Intellectual Property will examine not only formal requirements but also novelty and inventive step.
This brings the Swiss national patent procedure closer to examination systems used in many other major patent jurisdictions.
Further changes include adjustments to claim fees and procedural language requirements.
In the future, up to 15 patent claims will be included without additional claim fees instead of the previous limit of 10 claims.
Furthermore, technical documents may be submitted and published in English without requiring a mandatory translation into one of Switzerland’s official languages.
This represents a significant practical advantage, particularly for internationally active companies and patent departments.
New Swiss Patent Fee Structure
The reform also introduces changes to the fee structure for national Swiss patent applications.
According to published information from the Swiss Federal Council, the filing fee will remain CHF 200.
However, the new mandatory prior art search will introduce an additional fee of CHF 500.
The partial substantive examination will cost CHF 400. If applicants request a full substantive examination, an additional fee of CHF 300 will apply.
The full examination therefore becomes a strategic option that can be selected specifically for economically important or strategically critical patent applications.
Annual fees will also change. Over the maximum protection period, total annual fees will increase by approximately 8%.
Additionally, annual fees will become payable from the third year onwards.
In practice, this means that Swiss national patent applications will become more transparent through the mandatory search but may also become more costly in certain situations.
At the same time, applicants gain greater flexibility by choosing between:
- A partially examined Swiss patent with mandatory prior art search
- A fully examined Swiss patent with additional examination of novelty and inventive step
Partial Examination vs. Full Examination
The difference between the two options is therefore not the type of intellectual property right but the scope of examination.
A fully examined Swiss patent may provide greater legal certainty because novelty and inventive step have already been assessed during the grant procedure.
However, the partially examined Swiss patent remains a fully valid patent with the same basic protection term and legal effect.
Not a Utility Model — Still a Patent
The partially examined Swiss patent should not be confused with the German utility model.
Although there are some functional similarities because novelty and inventive step are not fully examined before grant, the comparison only applies to the examination process.
The Swiss partially examined patent remains a patent.
The difference between partially examined and fully examined Swiss patents does not primarily concern protection duration or the quality of the intellectual property right. Instead, it concerns the level of substantive examination before grant.
This may increase the risk of later challenges against the patent.
For practical purposes, the partially examined patent remains a valuable option, especially where cost efficiency, speed, or supplementary Swiss protection are priorities.
For core technologies, expected enforcement actions, licensing strategies, or commercially significant inventions, full examination may provide strategic advantages.
Transitional Rules: What Happens to Pending Applications?
The reform is particularly relevant for pending Swiss patent applications.
A key factor will be whether the examination fee has already been paid when the new law enters into force.
If the examination fee has not been paid by 1 January 2027, pending applications will generally continue under the new legal framework.
If the examination fee has already been paid before 1 January 2027 and the proceedings are not suspended or inactive, the application will generally continue under the previous legal system.
Applicants wishing to secure processing under the old law should therefore review their procedural status and fee situation well in advance.
For every pending Swiss patent application, companies should evaluate:
- Has the examination fee already been paid?
- Is the application suspended or inactive?
- Has a voluntary prior art search already been completed?
- Is treatment under the old law preferred?
- Or does the new system provide strategic advantages?
Each application should be reviewed individually to determine whether maintaining the old procedure or adopting the new system is the better strategic choice.
Strategic Importance for Patent Applicants
The reform does not create a universally better or worse option. Instead, it expands strategic flexibility within the Swiss national patent system.
The decision between partial examination with mandatory search and full examination should depend on the commercial and strategic importance of each application.
Full examination may be particularly valuable for:
- Core inventions
- Expected competitor enforcement situations
- Licensing models
- Financing or transaction processes
- Important patent families
In these cases, additional examination of novelty and inventive step can strengthen the value of the patent and reduce future risks.
A partially examined patent with mandatory search may remain appropriate where:
- Cost efficiency is important
- A fast national protection route is preferred
- The Swiss filing complements a European patent strategy
- The invention is defensive or less strategically central
Companies with existing Swiss applications should therefore conduct a systematic portfolio review.
Importance for IP Management
For patent departments, law firms, and IP professionals, the reform means that national Swiss patent applications will become more strategically manageable.
The mandatory prior art search creates greater transparency regarding existing technology and potential obstacles.
The optional full examination allows important patent applications to achieve a higher level of substantive validation before grant.
At the same time, the importance of structured portfolio management will increase.
Not every patent application requires full examination. However, every application should have a clear strategic purpose.
Companies should evaluate whether a Swiss application is:
- A supplementary protection measure
- A defensive filing
- A cost-efficient national strategy
- A key element of licensing or enforcement plans
For international patent portfolios, companies should also reassess the relationship between national Swiss applications and European patent applications.
The reform may make national Swiss filings more attractive in situations where companies value greater transparency and the option of full examination.
Conclusion
The revision of Swiss patent law represents a significant change to the national patent grant procedure from 1 January 2027.
Novelty and inventive step have always been substantive requirements for patent validity. The key change is that every national Swiss patent application will now include a prior art search, while applicants will have the additional option of requesting full substantive examination.
The new fee structure makes the prior art search a mandatory part of the procedure, while full examination remains an optional strategic decision.
This creates a more flexible patent system that supports both efficient national protection strategies and stronger examination procedures for commercially important inventions.
For pending applications, companies should act promptly and review examination fee status, procedural position, and strategic objectives.
For new applications from 2027 onwards, businesses should carefully decide whether a partially examined patent with mandatory search is sufficient or whether full examination provides greater strategic value.
The reform makes the Swiss national patent system more transparent, more flexible, and more relevant for modern IP portfolio management.
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