RENTSCH
PARTNER_{Attorneys at Law and
Patent Attorneys}

In most countries, patent law distinguishes between different categories of patent claims. Article 52 of the Federal Law on Patents for Inventions ("LPI") contains a list of different categories of patent claims. Effectively the law differentiates between method claims  and product claims.

This fundamental distinction is not a mere theory: On one hand the protection granted by a patent depends on the category of the patent claim. On the other hand Article 67 LPI states the for practice important presumption that, if the patent concerns a method for the manufacture of a new product, every product of the same composition shall be presumed to have been made according to the patented method until proof to the contrary has been provided.

In most European countries, patent law requires that an invention has to have a technical nature. This requirement is not fulfilled in particular if the patent application or the patent is limited to discoveries, scientific theories and mathematical methods; aesthetic creations; schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; or presentation of information.

Especially in the areas of computer programs, (aesthetic) creations as well as the presentation of information there might be problems of differentiation. Thus the jurisdiction and the practice of the respective patent offices should be considered.

The novelty of an invention is given if the invention differs from the relevant prior art. In principle, all information made accessible to the public in writing (patent specifications, magazine articles or other publications), by verbal description (e. g. on the occasion of presentations at conferences or seminars) or by actual activities (e. g. presentations of prototypes) before the application date respectively the priority date of the patent application, belongs to the prior art.

An invention involves an inventive step if a person skilled in the art cannot derive it in an obvious way from the prior art (cf. Article 1 LPI, resp. Article 56 EPC).

In accordance with Article 1 para. 1 of the Federal Law on Patents for Inventions,  patents for inventions are granted for new inventions that are applicable in industry, i.e. commercially applicable, executable and reproducible. Pursuant to constant jurisdiction of the Swiss Federal Court, an invention is given if, based on a peculiar creative idea through the new inventive combination of natural forces, a technical effect and thus a technical progress is obtained (see e.g. BGE 95 I 579 cons. 3).

The patentability of inventions requires in particular the following:

1. Novelty of the invention (not made available to the public worldwide)
2. Inventive step (not obvious in view of the prior art)
3. The invention is industrially applicable

The basic aim of patent law is the balance of the interests of inventors on one hand and the interests of the public on the other hand. The inventors are rewarded with a limited exclusive right on their invention, for providing technical progress to the public. The exclusive right is limited in time (max. of 20 years), in territory (for the country granting the patent), and its content (on the patented invention). Patents protect the investments made for research and development and create an incentive for innovation.

Granted patents as well as patent applications are published. They therefore provide an insight into current technological developments and help avoiding parallel redundant developments.

Together with trademark law, copyright law, and design law, patent law ranks among the most important laws in regard to the protection of industrial property. Patent law regulates the rights on inventions, the prosecution of patent applications, and the effect of patents.

The following comments contain basic information on patents, in particular on Swiss and European patent law. The information given hereunder shall provide a basic introduction to patent law.

Patent law protects inventions and gives the inventor the right to exclusively use, licence and market his invention. Patents are the reward and incentive for research and development on all fields of technology, and enable the protection of technological innovations. Patents express innovation and secure market shares. It is not until the filing of a patent application that gives the inventor a patent protection, allowing him to stand up against infringement of his patent.

Patents for inventions are granted for new inventions susceptible of industrial application. What can be derived in an obvious way from the state of the art is not a patentable invention. Thus, for the protection of an invention, the basic requirements of novelty, inventiveness and susceptibility to industrial application must be fulfilled. National or international (PCT, EPC) patent applications are filed at the relevant authorities, e.g. the Swiss Intellectual Property Institute (IGE) or the European Patent Office (EPO).

This website contains fundamental information regarding patents and patent law, mainly concerning Swiss and European Patents. The information provided introduces patent law to inventors and other interested persons and gives answers to frequently asked questions regarding patent law.

Rentsch Partner Ltd. will be glad to support you with regard to legal, technical and strategic questions, i.e. patent application and registering of patents, infringement of patents, licensing of patents or services like prior art search or management of patent portfolios.

Please direct any requests or questions regarding Patent Law; Swiss, European or International Patent Applications or regarding Patent Litigation to one of the following attorneys: