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PCT national phase · Europe & Central Asia

Patent Filing in Switzerland

File your PCT national phase application in Switzerland with the Swiss Federal Institute of Intellectual Property (national protection CH; for a European patent (EP) refer to the EPO national chapter) through AnalystIP, within 30 months from the priority date. Every requirement below is taken from the WIPO PCT Applicant's Guide and kept up to date by our team.

Deadline

When is your national phase deadline in Switzerland?

Enter the earliest priority date of your PCT application (or the international filing date if there is no priority).

Key facts

Patent filing in Switzerland: key facts

Late entry

Reinstatement of rights is permitted under the 'due care' criterion (PCT Rule 49.6), with a reinstatement fee of 500 CHF.

Fee reductions

None

Patent term

20 years from the international filing date

Annuities

Due after grant, for the 4th and each later year after the international filing date.

Official fees

Official fees for patent filing in Switzerland

Exact official fees for your applicationFor Switzerland, based on your pages, claims and applicant type. Free, after a quick email check.

Filing in several countries? Compare fees with other countries →

Standard official fees (general)

From the WIPO PCT Applicant's Guide, updated August 8, 2024. Amounts in CHF. Your exact fees depend on your application: use the calculator above.

FeeAmountNotes
Filing feeCHF 200Must be paid within three months from the date of filing.

Fee reductions: None

From WIPO

National phase entry requirements

Time limit

Under PCT Article 22(1): 30 months from the priority date. Under PCT Article 39(1)(a): 30 months from the priority date.

Also available through the European Patent Office (31 months).

Switzerland is also the only route for Liechtenstein.

Translation

Under PCT Article 22: description, claims (if amended, both as originally filed and as amended), any text matter of drawings, and abstract. Under PCT Article 39(1): description, claims, and any text matter of drawings (if amended, both as originally filed and as amended by the annexes to the IPER). Must be furnished within the Article 22 or 39(1) time limit.

Late entry and reinstatement

Reinstatement of rights is permitted under the 'due care' criterion (PCT Rule 49.6), with a reinstatement fee of 500 CHF. The Office accepts the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1) and requests for restoration of the right of priority (PCT Rule 49ter.2), applying the 'due care' criterion.

Agent and power of attorney

Not required as such, but if the applicant has neither a residence nor a principal place of business in Switzerland, an address for service in Switzerland must be indicated (PatG article 13) within the PatV article 124(1) time limit; if not indicated, the Office allows an extension of two months, after which the application will be refused. Any natural or legal person resident in Switzerland, or with an address for service there, can act as agent. Separate powers of attorney and copies of general powers of attorney are waived.

Special requirements of the office

  • Name and address of the inventor, if not given in the Request, within the PCT Article 22 or 39(1) time limit (continuation of the procedure may be requested if missed). May be satisfied by a declaration made under PCT Rule 4.17.
  • Address for service in Switzerland, or appointment of an agent, if the applicant is not resident in Switzerland or Liechtenstein.

Other information

  • If special requirements are not complied with within the PCT Article 22 or 39(1) time limit, the Office will invite the applicant to comply within a time limit fixed in the invitation.
  • Copy of the international application required only in particular circumstances: No.
  • Color drawings accepted under national law: No.
  • Language of proceedings is French or German if the international application was filed in that language; otherwise it is the language of the translation furnished. It cannot be changed.
  • Translation errors can be corrected by reference to the international application as filed.
  • The declaration of inventorship may be written in or translated into French, German, Italian or English.
  • Designation of Switzerland or Liechtenstein automatically designates both; only a unitary patent for the two States can be granted.
  • The procedure section (CH.05) refers to a three-month extension for furnishing an address for service, while the summary refers to two months.

Source: WIPO PCT Applicant's Guide, national chapter, updated August 8, 2024.

Documents and formalities

What you need to file in Switzerland

Power of attorney

A power of attorney is required.

Filing requirements in detail

Extension of the filing deadlineNo
Late translation allowedNo
Article 19 amendmentsPossible
Power of attorneyYes
Declaration / IDSYes
FAQ

Patent filing in Switzerland: questions

What is the deadline for PCT national phase entry in Switzerland?

30 months from the earliest priority date.

Can I enter the national phase in Switzerland after the deadline?

Reinstatement of rights is permitted under the 'due care' criterion (PCT Rule 49.6), with a reinstatement fee of 500 CHF. The Office accepts the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1) and requests for restoration of the right of priority (PCT Rule 49ter.2), applying the 'due care' criterion.

In which language must the application be filed in Switzerland?

French, German or Italian. Under PCT Article 22: description, claims (if amended, both as originally filed and as amended), any text matter of drawings, and abstract. Under PCT Article 39(1): description, claims, and any text matter of drawings (if amended, both as originally filed and as amended by the annexes to the IPER). Must be furnished within the Article 22 or 39(1) time limit.

Do I need a local patent attorney in Switzerland?

Not required as such, but if the applicant has neither a residence nor a principal place of business in Switzerland, an address for service in Switzerland must be indicated (PatG article 13) within the PatV article 124(1) time limit; if not indicated, the Office allows an extension of two months, after which the application will be refused.

Is a power of attorney needed, and must it be legalized?

A power of attorney is required.

Are there official fee reductions in Switzerland?

None

How much does patent filing in Switzerland cost?

The cost is the official fees of the patent office plus professional fees. The standard official fees from WIPO are listed on this page; the calculator works out the exact official fees for your application (pages, claims, applicant type) after a quick email check, and our team sends a full quote on request.

File in Switzerland with AnalystIP

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