Joint Conference of IP Associations and the IPI on the Revised Swiss Patent Law

It is not every day that a country fundamentally revises its patent law. Switzerland now did!

On September 2, 2026, approximately 200 IP experts from private practice, industry, the Swiss Federal Institute of Intellectual Property (“IPI”), and the Swiss Federal Patent Court came to a joint conference in Bern organized by the IPI and the Swiss IP associations to listen to and discuss the specific changes introduced by the revised Swiss patent law, which will come into effect on January 1, 2027.

In a nutshell: As one of the major changes in the revised Patent Act, the IPI will now mandatorily conduct a prior art search for every patent application and summarise the key findings in a report. In addition, applicants as well as third parties will be able to request a full examination of all patentability requirements, including novelty and inventive step. In another major shift, the Swiss Federal Patent Court – utilizing the combined expertise of legal and technical judges – will now hear appeals against decisions made by the IPI in patent matters. Finally, as a very practical improvement, technical documents may be filed and published in English without needing a translation into a Swiss official language, though voluntary translations remain permitted.

The conference was opened by IPI Director Catherine Chammartin and lawyer Lorenza Ferrari Hofer, a member of the board of AIPPI Switzerland, who jointly welcomed the guests. Following their opening remarks, Thomas Hefti, former member of the Swiss Council of States and one of the co-initiators and eponym of the legislative motion, shed light on the political and historical process of the revision in his speech titled “Ein Schweizer Patent, das seinen Namen verdient” (“A Swiss Patent Worthy of its Name”). After this, Felix Addor, Deputy Director General and General Counsel of the IPI, took the audience into the background and objectives of the revision, explaining the strategic direction chosen to safeguard Swiss innovation.

The subsequent session offered the perspective of practitioners on the revision: Peter Walser, patent attorney in private practice and member of the Institute Council, reflected on the patent law revision by contrasting the initial expectations with the final outcomes reached after intense debates. Next, lawyer Pascal Fehlbaum and patent attorney Benoît Gilligmann offered a dedicated perspective from French-speaking Switzerland, highlighting the concrete impacts and industry-specific implications for the watchmaking industry.

Thereafter, the conference built a bridge from theory to practice: In a compact overview, the IPI, represented by experts Renée Hansmann, Simon Strässle, and Peter Bigler, guided the audience through the key changes of the revision. While its real-world application will likely raise some further questions, this well-founded walkthrough of the revised patent law ensured that all participants left with a practical compass for their future patent work.

Afterwards, Marc Schweizer, President of the Swiss Federal Patent Court provided a brief overview of the new appeal proceedings, including details on costs and compensation. He also highlighted several unresolved issues surrounding the Court’s new jurisdiction over appeals against IPI decisions, third-party rights to file an appeal, specific grounds for appeal, and the applicant’s right to file an appeal in the event of a negative opinion on the prior art report.

Finally, during a lively panel discussion, Harry Frischknecht, President of VSP, joined IPI experts Renée Hansmann, Simon Strässle, and Peter Bigler to share practical tips and valuable insights on navigating the upcoming transition period.

The conference concluded with closing remarks by Antje Rey, President of VESPA, Harry Frischknecht and Felix Addor. They expressed their sincere gratitude, in particular to everyone involved in launching the revised patent law, followed by looking ahead to the future.

The day was completed by an Apéro riche on the sky lobby of the Kursaal Bern.

The conference impressively demonstrated that the revision of the patent law is not merely a theoretical amendment of paragraphs, but a vital, forward-looking step toward strengthening the protection of technical innovation in Switzerland. It is now up to practitioners and applicants to fully utilize the benefits of the new patent system.