Best Patent Lawyers in Arlesheim

About Patent Law in Arlesheim, Switzerland

Patent protection in Arlesheim follows Swiss federal law. Whether you are an inventor at a local startup, a researcher in the Basel region life sciences cluster, or an established manufacturer, patents are granted and enforced under national rules that apply uniformly across Switzerland. A Swiss patent gives you the right to prevent others from making, using, selling, or importing your invention in Switzerland and Liechtenstein, which together form a single patent territory. You can obtain protection by filing a Swiss national patent application with the Swiss Federal Institute of Intellectual Property or by validating a European patent granted by the European Patent Office for Switzerland and Liechtenstein.

Swiss patents typically last 20 years from the filing date, provided you pay annual renewal fees. In pharmaceuticals and certain plant protection products, supplementary protection certificates can extend effective protection for up to five additional years, with a possible pediatric extension. Patents protect technical inventions that are new, involve an inventive step, and are industrially applicable. They do not cover ideas as such, purely aesthetic creations, discoveries, mathematical methods, business methods as such, or methods of medical treatment and diagnosis performed on the human or animal body. Products and devices for use in such methods can be patented.

Why You May Need a Lawyer

Filing strategy and drafting. A lawyer or patent attorney can help you decide between a Swiss national filing, a European patent, or an international application under the Patent Cooperation Treaty. They can draft claims that are clear, enforceable, and appropriately narrow or broad, and ensure that the application supports future amendments.

Freedom to operate. Before launching a product in Arlesheim or the wider Swiss market, counsel can assess the risk of infringing third party patents and design around blocking rights.

Transactions and investment. Investors and partners will expect clean ownership, properly recorded assignments, and well structured licensing or collaboration agreements. Legal counsel can negotiate terms that align with your business plan while preserving future options.

Disputes and enforcement. Infringement and validity disputes are handled by the Swiss Federal Patent Court. A lawyer can secure preliminary injunctions, defend you in court, coordinate technical experts, and manage evidence such as laboratory records and samples.

Employee inventions and confidentiality. Counsel can draft employment and contractor agreements that clearly allocate ownership of inventions, set up invention disclosure procedures, and enforce nondisclosure obligations with suppliers and clinical partners.

Regulatory interfaces. In life sciences and medtech, counsel can navigate the Bolar exemption, data exclusivity, and timing of public disclosures to avoid destroying patentability.

Local Laws Overview

Governing statutes and bodies. The Swiss Patent Act and Patent Ordinance govern patents nationwide. The Swiss Federal Institute of Intellectual Property handles filings, searches, grants, renewals, and SPCs. The Swiss Federal Patent Court has exclusive jurisdiction over civil patent infringement and validity cases. European patents validated for Switzerland and Liechtenstein are common and enforceable in the same court.

Filing languages and examination. You can file a Swiss application in German, French, Italian, or English. The IPI performs formal examination and issues a search report. Substantive examination for novelty and inventive step is limited compared to the European route, so many applicants choose an EPO filing when strong presumption of validity is a priority. Annual fees escalate with patent age.

Priority and timing. You have 12 months from your first filing to claim priority in Switzerland, at the EPO, or via the PCT. There is no Swiss provisional application. Any public disclosure before filing can destroy novelty. Limited grace periods exist only for evident abuse or disclosures at officially recognized exhibitions within six months.

Scope and exceptions. Patents confer the right to stop unauthorized making, using, offering, putting on the market, importing, or storing for these purposes. Exceptions include private non commercial use, experimental use, and the Bolar exemption for activities necessary to obtain regulatory approval of generics or biosimilars.

Employee inventions. Under the Swiss Code of Obligations, inventions created in the performance of contractual duties generally belong to the employer. For other employee inventions, employers can claim rights if certain conditions are met and with appropriate compensation. Clear contract terms and internal procedures are important.

Enforcement and remedies. The Federal Patent Court can issue preliminary injunctions on short notice, order protective seizures, award damages or reasonable royalties, and order destruction or recall of infringing goods. Criminal provisions may apply for willful infringement. Border measures are available to detain suspected infringing goods.

CH-LI unit. Switzerland and Liechtenstein form a single territory for national and validated European patents. Actions and transfers generally cover both states together.

Frequently Asked Questions

What is the fastest way to secure patent protection if I am based in Arlesheim

File a first application as soon as your invention is sufficiently developed to be described and enabled. You can file a Swiss application to secure a filing date, then use the 12 month priority window to expand to a European or PCT filing. For immediate enforceable rights with stronger scrutiny, many companies go directly to the EPO, but timelines vary.

Can I file my Swiss patent application in English

Yes. The IPI accepts filings in German, French, Italian, or English. Choose the language that best suits your drafting team and future prosecution needs. Court and enforcement can proceed in an official language or, with party consent, in English before the Federal Patent Court.

Does Switzerland have provisional patent applications

No. Switzerland does not offer a provisional application format. You can file a concise first application to secure a filing date, but you cannot add new subject matter later. It is important to include enough technical detail and embodiments at the outset.

How long will it take to get a Swiss patent granted

Timelines vary by field and workload, but a Swiss national patent often proceeds to grant in approximately 2 to 4 years. European patents typically take longer due to full substantive examination. Strategic acceleration options and focused claim drafting can influence timing.

What does it cost to obtain a patent in Switzerland

Costs include official fees for filing, search, and annual renewals, plus professional fees for drafting and prosecution. Swiss national costs are generally lower than the European route, but the value of a stronger examination record at the EPO can outweigh higher costs depending on your goals.

Is there a grace period if I already disclosed my invention

Public disclosure before filing usually destroys novelty. Switzerland only recognizes limited grace periods for evident abuse or disclosures at officially recognized exhibitions within six months. When in doubt, file before you publish or present.

How do I enforce my patent in Switzerland

Infringement and validity cases are brought before the Swiss Federal Patent Court. Remedies include preliminary injunctions, final injunctions, damages or reasonable royalties, and seizure or destruction of infringing goods. Border measures can be requested to detain imports. Evidence preparation and rapid action can be critical.

What is the difference between a Swiss national patent and a European patent validated in Switzerland

A Swiss national patent is prosecuted at the IPI with limited substantive examination. A European patent undergoes full examination at the EPO and, once granted and validated, is enforceable in Switzerland and Liechtenstein. Many companies prefer the European route for high value inventions because the examination record can strengthen enforceability.

Do employee or contractor inventions automatically belong to my company

Service inventions created in the course of fulfilling employment duties usually belong to the employer, but the safest approach is to set this out in written agreements. For non service inventions, employers may be able to claim rights under certain conditions with compensation. Ensure contractor agreements assign IP to the company.

Are methods of medical treatment patentable in Switzerland

Methods of treatment and diagnosis performed on the human or animal body are excluded, but products, compositions, devices, and uses can be patented if the other criteria are met. The Bolar exemption allows certain regulatory testing before patent expiry for generics and biosimilars.

Additional Resources

Swiss Federal Institute of Intellectual Property IPI.

Swiss Federal Patent Court.

European Patent Office EPO.

World Intellectual Property Organization WIPO for PCT filings.

Innosuisse Swiss Innovation Agency for startup coaching and innovation support.

Basel Chamber of Commerce and local innovation hubs in the Basel region for business networking and mentor programs.

University technology transfer offices in Northwestern Switzerland for spin off support and IP policies.

Customs authorities Federal Office for Customs and Border Security for border measures.

Next Steps

Protect confidentiality. Use nondisclosure agreements with partners, suppliers, and potential investors. Avoid public disclosure until you file.

Capture the invention. Prepare a clear description, drawings, data, and details on variants and fallback positions. Keep dated lab notebooks and evidence of conception and reduction to practice.

Assess patentability and risk. Commission a prior art search and a freedom to operate assessment targeting Switzerland and the EU where relevant. Align claims with business objectives and regulatory timelines.

Choose your filing route. Decide between a Swiss national filing, a European patent filing, and or a PCT application based on markets, budget, and timing. Use the 12 month priority period strategically.

Engage local counsel. Work with a Swiss patent attorney or attorney at law familiar with the Basel region industries. Ensure employment and contractor agreements assign IP and include invention disclosure procedures.

Plan for enforcement and growth. Budget for renewals, monitoring competitors, and potential enforcement. Consider SPCs and pediatric extensions for pharmaceuticals. Set up internal processes for continuous invention harvesting as your R and D progresses.

If a dispute arises. Preserve evidence, consider sending a carefully drafted warning letter, and be ready to seek a preliminary injunction at the Federal Patent Court. Counsel can coordinate technical experts and any border measures.

Document everything. Maintain records of development, commercialization, and damages to support licensing or litigation if needed.