Swiss patent law

Swiss patent law changes on 1 January 2027

From 1 January 2027, every Swiss national patent application is subject to a prior-art search. Applicants can use partial substantive examination or request full substantive examination, including novelty and inventive step.

In force
1 Jan 2027Revised Patents Act and ordinances
Annual fees
From year 3Previously from year 4
Full-term annual fees
CHF 7,620Years 3-20; previously CHF 7,060
Early-invoice request
30 Sep 2026Examination fee must be paid before 1 Jan 2027

This page summarises information published by the Swiss Federal Institute of Intellectual Property (IPI) and the Swiss Federal Council. All amounts are official fees in Swiss francs.

Early invoicing: 30 September 2026

For an eligible pending application, the IPI accepts requests for early dispatch of the examination-fee invoice until 30 September 2026. The decisive condition for completion under the current law is payment of the examination fee before 1 January 2027. The early-dispatch option does not accelerate substantive examination.

What changes on 1 January 2027

The revised procedure introduces a search for every application and an optional examination of all patentability requirements.

The procedure, before and after
 Until 31 December 2026From 1 January 2027
Prior-art searchOptional on request (CHF 500)Mandatory for every application; the search report is published on Swissreg with the application
Novelty and inventive stepNot examined by the IPIExamined when full substantive examination is requested
Examination procedureOne substantive-examination procedurePartial substantive examination, or full substantive examination on request
Claims included in the application fee1015
Technical documents in EnglishTranslation into an official language requiredAccepted without a mandatory translation; the title and abstract must be in an official language
Deferral based on a parallel applicationAvailableNot available for new cases; existing deferrals end when the grounds cease or on 1 January 2030 at the latest
Appeals against IPI patent decisionsFederal Administrative CourtFederal Patent Court; the IPI opposition procedure is discontinued
First annual feeFourth year after filingThird year after filing

Partial and full substantive examination

Partial substantive examination checks the applicable legal requirements but not novelty or inventive step. A prior-art search is nevertheless carried out and its report is published. Full substantive examination is available on request and also covers novelty and inventive step. The additional official fee for full examination is CHF 300.

Appeals

Under the revised law, appeals against IPI decisions in patent matters are heard by the Federal Patent Court instead of the Federal Administrative Court. The IPI states that the opposition procedure is discontinued and that appeal options for third parties are expanded.

Official application, search and examination fees

The table shows IPI fees only. It excludes professional services, translations, VAT and handling charges.

Current and new official fees
Official feeUntil 31 December 2026CHFFrom 1 January 2027CHFChange
Application fee200200Unchanged; 15 claims included instead of 10
Claim fee50 for each claim from the 11th50 for each claim from the 16thThe application fee includes five additional claims
Prior-art search500, optional500, mandatoryCHF 400 for a retrospective mandatory search on an application filed before 1 January 2027
Partial substantive examination500400CHF 100 lower
Full substantive examinationNot available300 in addition to partial examinationNew option
Subtotal for an application within the included claim limit700 without the optional search1,100 partial; 1,400 fullApplication, search and examination fees

For a new application with no claim fees, the published fees total CHF 1,100 with partial substantive examination and CHF 1,400 with full substantive examination. A pending application filed before 1 January 2027 that requires a retrospective mandatory search is charged CHF 400 for that search.

Annual fees, year by year

Annual fees become payable from the third year after filing. Across years 3-20, the published schedule totals CHF 7,620, compared with CHF 7,060 across years 4-20 under the current schedule.

Swiss patent annual fees
Year after filingCurrent scheduledue before 1 Mar 2027 · CHFNew scheduledue from 1 Mar 2027 · CHFDifference
3-90+90
4100110+10
5120130+10
6140150+10
7160170+10
8180190+10
9220230+10
10260270+10
11300310+10
12340370+30
13400430+30
14460490+30
15520570+50
16600650+50
17680730+50
18760820+60
19860910+50
209601,000+40
Total over the full term7,0607,620+560

When the new annual-fee schedule applies

The transition is based on the fee due date. The current law applies to annual fees due before 1 March 2027. The new amounts apply to annual fees due on or after 1 March 2027, and a third-year fee is payable where that third-year fee falls due on or after that date.

Annual fees fall due on the last day of the month containing the filing date. They must be paid within six months after the due date. Payment after the first three months carries a CHF 50 surcharge. If an annual fee is not paid on time, an application is refused or a granted patent is removed from the register and expires with effect from the due date.

Transition dates

The IPI identifies the following dates for the changeover.

  1. 30 September 2026

    End of the early-invoice request option

    The IPI accepts requests for early dispatch of the examination-fee invoice until this date. Payment before 1 January 2027 is decisive. Accelerated substantive examination remains a separate route; both the acceleration fee and the examination fee must be paid before 1 January 2027 for the current law to apply.

  2. 1 January 2027

    Entry into force

    The revised Patents Act and ordinances take effect. Most pending applications for which the examination fee has not been paid move to the new law. Applications for which the fee was paid before this date and which are not deferred are completed under the current law.

  3. 1 March 2027

    Annual-fee transition

    The new annual-fee amounts apply where the annual fee is due on or after this date.

  4. 1 April 2027

    Request for examination under the new law

    A person who already paid the examination fee may request examination under the new law by this date. If the IPI gives earlier notice that examination will be completed, the request must be made before completion.

  5. 1 January 2030

    Latest end date for existing deferrals

    A deferral already in place ends when its grounds cease, on request, and in any event by this date. The IPI then carries out the mandatory search and completes examination under the new law.

Frequently asked questions

When does the revised Swiss patent law enter into force?

On 1 January 2027.

Is the prior-art search mandatory?

Yes. From 1 January 2027, the IPI carries out a fee-based prior-art search for every application and publishes the search report on Swissreg with the application.

What happens to a pending application?

Most pending applications for which the examination fee has not been paid by 1 January 2027 move to the new law. An application for which the examination fee was paid before that date and which is not deferred is completed under the current law.

What does the mandatory search cost?

CHF 500 for an application under the new law. The retrospective mandatory search costs CHF 400 for an application filed before 1 January 2027 that must be searched under the new law.

Can technical documents be filed in English?

Yes. From 1 January 2027, technical documents may be submitted in English without a mandatory translation into an official language. The title and abstract must be in an official language.

When do the new annual fees apply?

The new amounts apply to annual fees due on or after 1 March 2027. A third-year fee is payable where that fee falls due on or after that date.

Where are appeals heard?

Under the revised law, the Federal Patent Court hears appeals against IPI decisions in patent matters instead of the Federal Administrative Court.

What happens to an existing deferral?

It ends when the grounds cease, on request, and by 1 January 2030 at the latest. The mandatory search and examination under the new law then follow.

Sources and legal basis

  1. IPI - Patent law 2027Entry into force, pending applications, mandatory search, examinations, English technical documents, fees and transitional provisions.
  2. IPI - Overview of the new fees for Swiss patentsOfficial comparison of the current and new application, search, examination and annual fees.
  3. Swiss Federal Council - Swiss patent to be strengthenedApproval of the revised ordinance, commencement date and official fee summary.
  4. IPI - Streamlined appeal procedureFederal Patent Court appeals and discontinuation of the IPI opposition procedure.
  5. Amendment to the Patents Act (Federal Gazette 2024 685)Legislative amendment adopted by Parliament; official versions are in German, French and Italian.
  6. Patents Ordinance approved on 20 May 2026Official German text published with the Federal Council decision.
  7. Amendment to the IPI Fee OrdinanceOfficial German fee schedule published with the Federal Council decision.

Please note

This page summarises official information available on 27 August 2026 and is provided for general information. It is not legal advice. The application of transitional rules depends on the facts and procedural status of an individual file. Fee totals shown here exclude professional services, translations, VAT and handling charges.

Contact

Let's talk about your ideas

DO Innovations S.A. Chemin de Bon-Abri 26a
1007 Lausanne
Switzerland
+41 79 199 80 73
admin@do-innovations.ch
Let's talk