European Patent (EPO) Validation in Switzerland

1. Terms for patent validation in Switzerland

Provisional protection is not available.

2. Conditions for patent validation in Switzerland

2.1 Translation – No translation is required.

• For provisional protection: not available.
• After grant: no translation is required.

2.2 Payment of patent validation and national registration fees:

Not available.

3. Effect of the European patent as a national Swiss patent

Under Article 64(1) EPC, a European patent automatically confers on its proprietor from the date on which the mention of the grant is published in the European Patent Bulletin, in each contracting state in respect of which it is granted, the same rights as would be conferred by a national patent granted in that state.

4. Patent annuities in Switzerland

• Due date: last day of the month in which the date of filing occured.
• Time limit for payment (without surcharge): 3 months from due date.
• Earliest possible date for payment: payment may not be made more than 2 months before due date.
• Period of grace for payment of fees (with surcharge): 3 months after expiry of time limit, which is 2 months before due date.

In case that your patent was filed not as EPO (European patent) patent but as PCT (WIPO, international patent), in order to obtain the protection on the national level, you may need to open to your patent to the national phase in Switzerland.