Renew a patent in Switzerland validated through the European Patent Office (EPO):
If your patent is a European patent that was granted by the European Patent Office and then validated in Switzerland, you can maintain the patent by paying an annual maintenance fee to the EPO. The first renewal fee of a patent application is due on the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Switzerland, the renewal fee is paid to the Swiss Federal Institute of Intellectual Property. The rules that apply to a national Swiss patent also apply to an EP patent in Switzerland. For more information on renewal fees related to the EPO, please visit another one of our articles at this link, here.
For example, if the filing date of a patent is 2017-06-15, and grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From 2023 onwards, you will have to settle the renewal fee with the Patent Office of Switzerland.
Renew a national patent with the Swiss Patent Office:
In order to maintain a patent application in Switzerland, a renewal fee must be paid to the Swiss Federal Institute of Intellectual Property on an annual basis. This applies even if your application is still being processed and patents have not yet been granted. The renewal fee of a patent application for the first time is due at the beginning of the fourth payment year (third anniversary) from the filing date. After which, the fees must be paid annually. The renewal fees in Switzerland are always due on the last day of the month, which is when the original filing date of the application falls.
For example, if the filing date of a patent is 2017-06-15, you will only have to settle the renewal fee on the last day of June starting from 2020-06-30 onwards.
In Switzerland, there is another type of intellectual property called designs. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that both patents and designs can be renewed through us.
Intellectual Property Type #1 - Designs
A design right in Switzerland is valid for 25 years, from the filing date of the design. Initially, the design is protected for five years. In order to maintain the protection beyond the initial 5-year period, you will have to pay renewal fees at the end of 5th year in order to extend the protection term for a further 5 years. Renewal fees are required with each registered design, even if these are designs of multiple applications. If the renewal fee is not paid by the due date, you can make a ‘late renewal’ up to 6 months after the renewal date by paying a higher fee.
The patent renewal fees of a patent application are due at the beginning of the fourth payment year from the filing date. For further clarification, please refer to the breakdown below.
National patent: The first renewal fee of a patent application is due at the beginning of the fourth payment year from the filing date.
For example, if the filing date of a patent is 2017-06-15, you will only have to settle the renewal fee on the last day of June starting from 2020-06-30 onwards.
Swiss patent validated through the European Patent Office (EPO): The first renewal fee of a patent application is due on the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Switzerland, the renewal fee is paid to the Swiss Federal Institute of Intellectual Property.
For example, if the filing date of a patent is 2017-06-15, and grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From 2023 onwards, you will have to settle the renewal fee with the Swiss Patent Office.
National patent: Prior to grant, a patent application in Switzerland is in its filing stage. You will have to pay the renewal fee to the patent office irrespective of whether the patent has been granted or not. The first renewal fee of a patent application is due on the third anniversary of the filing date.
Swiss patent validated through the European Patent Office (EPO): Prior to grant, the patent application is in its filing stage with the EPO. You can only begin paying the renewal fees to the EPO from the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. However, once the patent has been granted and validated in Switzerland, the renewal fee is thereafter paid to the Swiss Federal Institute of Intellectual Property.
National patent: The payment window in Switzerland opens two months before the renewal fees are due. It is important to note that the renewal fees cannot be settled prior to this window opening.
For example, if the renewal due date of a patent is 2017-06-30, you will only have to settle the renewal fee starting from 2020-04-30 onwards.
National patent: Yes, it is possible to renew a patent in Switzerland after its deadline. There is a 6-month grace period given, whereby the renewal fees can still be settled. When entering this grace period, there is no penalty fee for the first 3 months. However, for the next 3 months you will incur a penalty fee of 50 CHF in addition to the regular annual renewal fee for the corresponding year. If you wish to maintain the patent, the (new) total renewal fee will have to be settled within the given 6-month timeframe. Failure to pay this fee during the grace period will result in the patent being expired.
Swiss patent validated through the European Patent Office (EPO): The same rule which applies to a national Swiss patent for missing a renewal deadline also applies to an EP patent in Switzerland.
National patent: It is not mandatory to make use of a local agent or representative when renewing a patent in Switzerland. You can simply pay the fees by electronic payment or via bank transfer. This rule is applicable to both national patents as well as to an EP patent in Switzerland.
In order to maintain a patent in Switzerland, renewal fees need to be settled annually with the Federal Institute of Intellectual Property. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date. This rule is applicable to both national patents as well as to an EP patent in Switzerland.
