Patents

⚡tl;dr a patent protects an invention , meaning a "new technical solution to a technical problem " software is only patentable if it has a technical character , meaning if it has a specific interaction with hardware maintain confidentiality with ndas or other similar confidentiality agreements during the application process book a free call with us what is it? a patent is a legal right granted by the swiss federal institute of intellectual property (ipi) it protects inventions , meaning "new technical solutions to technical problems " it allows the patent holder exclusive rights to use, manufacture, and sell an invention for a limited period, typically 20 years patents are intended to encourage innovation by providing inventors with the opportunity to recoup research and development investments by being granted a monopoly what are the requirements? to be patentable , an invention must be novel the invention should not be part of the existing state of technology, meaning it should not have existed before involve an inventive step it must not be obvious to a person skilled in the art have a technical character the invention should have a technical aspect that solves a technical problem be industrially applicable it should be possible to make or use the invention in any kind of industry be disclosed the invention must be sufficiently disclosed and clear in the patent to be carried out by a person skilled in the art is software patentable? in switzerland, the patentability of software is a nuanced subject according to swiss patent law, software as such is not patentable however, if the software is part of a technical invention that provides a novel and inventive technical contribution, it may be eligible for patent protection in order to have a technical character and therefore fulfill the requirements, software must have a further technical effect on the physical world in other words, the patent will protect how the software interacts with the hardware besides, general software algorithms or business methods are not patentable to be patentable, the software must be implemented in a specific technical application how do i protect my invention? if you want to register your patent, it involves a few key steps as outlined below but even before that, it is important to establish a patent strategy by speaking with experts early on in your r\&d process pre application patent search ensure your invention is novel with a patent search freedom to operate search ensure that you can market your invention without infringing the ip of others document everything keep thorough records of your invention confidentiality agreements use ndas or other confidentiality agreements when discussing your idea with others and with your employees keep using ndas until the patent is granted application file with the ipi include a detailed description, claims, drawings, and an abstract request for examination after filing, you must request an examination of the patent respond to ipi queries address any clarifications or amendments requested promptly and precisely post application maintain confidentiality keep details confidential until the patent is granted use ndas or other confidentiality agreements provisional protection once the application is published, you get provisional protection, which means you can act against infringers monitor for infringements keep an eye on the market for potential infringements post registration pay annual fees to maintain the patent enforce your rights be prepared to legally protect your patent best practices patents when a patent comes into question, the following is implemented patent experts are contacted early in the r\&d process to establish a patent strategy and ensure the pre application documentation is effective when a technical invention is developed by the company, a freedom to operate research is conducted confidentiality agreements (e g , ndas) are signed to protect the r\&d results until the patent is granted our lexr standard nda can be generated for free here costs to obtain patent protection will vary based on complexity however, this is a rather expensive process with a minimum cost of chf 4'000 how do i get this done? whether an invention is patentable or not must be assessed on a case by case basis for the registration , and while we can help guide you in the right direction, it's advisable to consult with a patent attorney specializing in the relevant area (e g , software, med tech, etc ) they provide guidance on whether your invention meets the necessary criteria and assist with the patent application process we are happy to support you on general patent strategy and the draft of all necessary agreements related to your patent, be it to license your rights to customers or to negotiate university ip transfer or r\&d partnerships book a free call with us to discuss how we can support you you can generate our lexr standard nda for free on our website