Executive Summary

On May 20, 2026, the Federal Council approved the completely revised Patent Ordinance. It comes into force on January 1, 2027 together with the amended Patent Law. The public consultation in summer 2025 showed broad support among participants. The ordinance regulates the details of the patent grant procedure and is harmonized simultaneously with amendments to trademarks and designs. The new law increases legal certainty and streamlines procedures for applicants.

Persons

  • Federal Institute of Intellectual Property (IPI) (Implementation responsibility)

Topics

  • Patent law
  • Intellectual property
  • Administrative procedures
  • Fee increase

Clarus Lead

The modernization meets international reform pressure: Switzerland is aligning its patent procedures with European and international standards, particularly through the introduction of a mandatory prior art search. For companies and inventors, this means higher filing costs, but also improved legal certainty before patenting decisions. The tiered fee structure and the choice between partial and full examination signal a calibration between cost control and quality standards.

Detailed Summary

The revision introduces two central innovations: First, a prior art search becomes mandatory for every patent application (fee: 500 francs). This search enables applicants and third parties to assess the actual patentability of an invention before examination and thus reduces legal uncertainty. Previously, this search was optional.

Second, applicants gain flexibility in examination depth: They can continue to request a partially examined patent (now 400 francs instead of 500 francs) or demand a full examination according to international standards (additional 300 francs). This flexibility addresses different needs of innovators.

The fee structure is adjusted: The filing fee remains at 200 francs, but now allows 15 instead of 10 patent claims. Annual fees for patent maintenance increase by a total of 8 percent over 20 years and become due starting from the third year (instead of the fourth) – a step toward alignment with European practice. These increases finance the additional workload at the Federal Institute of Intellectual Property (IPI).

In parallel, the ordinances for trademark protection and design protection are harmonized to maintain consistency in procedures.

Key Statements

  • Mandatory prior art search increases legal certainty for patent applicants and third parties
  • Choice between partial and full examination offers cost control for different innovation profiles
  • Fee increase of approximately 8 percent over patent term finances IPI additional workload and international standardization

Critical Questions

  1. Evidence/Data Quality: What data from the 2025 public consultation shows that the "overwhelming majority" welcomed the proposal? Are participant numbers and sectors documented?

  2. Conflicts of Interest: How were fees determined? Are they based on IPI cost recovery or on steering effects (reduction of applications)?

  3. Causality: Does the mandatory search demonstrably lead to better patent quality, or does it only increase administrative costs for applicants without a filtering effect?

  4. Feasibility: What is the transition period for existing applications? Are old and new fee rules applied in parallel?

  5. Side Effects: Could the 8 percent fee increase deter smaller innovators from patent protection, particularly in less profitable sectors?

  6. Harmonization: Are the new Swiss standards actually compatible with EU procedures, or do new friction losses arise?

Source Directory

Primary Source: Complete Revision of Patent Ordinance – Federal Council Approves Modernized Swiss Patent Law – https://www.news.admin.ch/de/newnsb/jRRTMzm28aBA

Verification Status: ✓ 20.05.2026

This text was created with the support of an AI model. Editorial Responsibility: clarus.news | Fact-checking: 20.05.2026