Swiss Patent Attorney key terms

The requirement that an invention must not form part of the state of the art. Under the Swiss PatA and the EPC, a single prior disclosure of the complete claimed subject-matter destroys novelty, regardless of the language or location of that disclosure.

Everything made available to the public by means of a written or oral description, by use, or in any other way before the filing or priority date. It is the benchmark against which novelty and inventive step are assessed.

The requirement that the invention, having regard to the state of the art, must not be obvious to a person skilled in the art. Assessed using the problem-and-solution approach, starting from the closest prior art.

A hypothetical practitioner with average knowledge and skill in the relevant technical field, aware of the common general knowledge at the relevant date. This notional person is used to judge obviousness and sufficiency of disclosure.

The structured method used to assess inventive step: identify the closest prior art, determine the objective technical problem, then ask whether the claimed solution would have been obvious to the skilled person starting from that prior art.

The single prior-art document or disclosure providing the most promising starting point for assessing inventive step, typically sharing the same technical field and purpose and differing from the invention in the fewest features.

A public disclosure that anticipates the claimed invention in full. If it discloses all technical features of a claim in a single document, novelty is lacking; combining features from separate documents is not permissible for novelty.

The filing date of the earliest application from which priority is validly claimed, normally within twelve months. It fixes the effective date for assessing novelty and inventive step against the state of the art.

The international treaty establishing the right of priority among member states and requiring national treatment. A first filing in one member state supports a priority claim for later filings in other member states within the prescribed period.

An international application filed under the Patent Cooperation Treaty, giving a single filing valid in many designated states. It proceeds through international search and optional preliminary examination before entering national or regional phases.

An application filed with or for the European Patent Office under the EPC, examined centrally and, once granted, validated in designated member states. Switzerland is a member state, so Swiss practitioners frequently handle such cases.

The prior-art search carried out by an International Searching Authority under the PCT, resulting in a search report and written opinion that give an early indication of patentability for the international application.

A report listing the documents found during a prior-art search, with indications of the claims to which each document is relevant and the category of relevance, such as novelty-destroying or inventive-step-relevant.

The part of the application that defines the scope of protection sought. Claims must be clear, concise, and supported by the description, and each claim must be drafted as a single sentence.

A claim that does not refer back to another claim and defines the invention in its broadest form. It must contain all essential features needed to solve the technical problem.

A claim referring back to one or more preceding claims and adding further features, thereby narrowing the scope. It provides fallback positions during prosecution and opposition.

The requirement that claims be clear and concise and supported by the description. Ambiguous wording, relative terms without a defined meaning, and unclear technical features are common objections during examination.

The requirement that the claims be supported by the description, meaning the claimed subject-matter must be derivable from and consistent with the disclosed embodiments and not extend beyond the original disclosure.

The total content of the application as filed, which sets the absolute limit for amendments. No amendment may add subject-matter that extends beyond this disclosure, whether by adding new features or generalising examples.

An amendment that introduces subject-matter going beyond the content of the application as originally filed. Such amendments are impermissible during examination and are a ground for opposition or nullity.

The requirement that the application disclose the invention in a manner sufficiently clear and complete for a person skilled in the art to carry it out across the whole claimed scope, without undue burden.

The technical features necessary for solving the technical problem, which must appear in the independent claim. Omitting an essential feature renders the claim broader than the disclosed invention and vulnerable to objection.

The procedural step by which substantive examination is initiated. Under the EPC it must be filed within the prescribed period after publication of the search report; failure to do so results in the application being deemed withdrawn.

A written communication from the examiner setting out objections to the application, such as lack of novelty, inventive step, clarity, or added matter, and inviting the applicant to respond within a set period.

The applicant's reply to an examination report, typically containing amended claims, arguments on patentability, and where appropriate a request for oral proceedings. It must address each objection raised.

A post-grant procedure allowing third parties to challenge a granted patent within a set period, typically nine months under the EPC, on grounds such as lack of novelty, inventive step, or insufficient disclosure.

A court action seeking revocation of a granted patent. In Switzerland it is brought before the Federal Patent Court, which decides on grounds such as lack of patentability or insufficient disclosure.

The specialised Swiss court established to hear patent infringement and nullity actions, replacing the previous cantonal system. It has technical judges and hears appeals from certain decisions of the Swiss Federal Institute of Intellectual Property.

A civil action brought by the patent proprietor against an alleged infringer, seeking injunctive relief, damages, and other remedies. In Switzerland it is heard by the Federal Patent Court.

The extent of protection conferred by a patent, determined by the claims, which are interpreted in light of the description and drawings. Equivalents may also fall within the scope under Swiss case law.

Infringement where a variant differs from the claimed invention in non-essential ways yet achieves the same technical effect. Courts apply criteria of equivalence and may exclude variants obvious to the skilled person from the prior art.

A technical teaching that solves a problem by technical means. Under Swiss and European law, discoveries, scientific theories, and methods of treatment are not inventions, and technical character is required.

The requirement that the claimed subject-matter have a technical effect or solve a technical problem using technical means. Purely business, aesthetic, or mental methods lack technical character and are not patentable.

Categories that cannot be patented, such as discoveries, scientific theories, mathematical methods, aesthetic creations, and methods of treatment by surgery or therapy. The list is exhaustive and interpreted narrowly.

The Swiss authority responsible for granting national patents, registering trademarks and designs, and administering the national patent system. It also acts as a receiving office and participates in international cooperation.

The act of submitting an application to the competent office, giving rise to the filing date. Requirements include a request, a description, claims, and any drawings, together with the prescribed fees.

The date on which the application documents are received by the office, provided the filing requirements are met. It determines the priority position and the start of the patent term.

The period during which the patent is in force, generally twenty years from the filing date, subject to payment of renewal fees. Supplementary protection certificates may extend protection for certain products.

A periodic fee payable to maintain the patent in force. Failure to pay within the grace period causes the patent to lapse, subject to possible restoration procedures on request.

A procedure allowing an applicant or proprietor to restore rights lost through failure to meet a time limit, where the failure was unintentional or due to an excusable oversight, upon request and payment of a fee.