The Role of the Patent

With a patent, an invention can be protected for 20 years. An invention is patentable if it is novel, non-obvious, and has an industrial applicability. Scientific theories without a specific industrial application are not patentable.
 

Inventions that require significant financial investment are of interest to industry partners only when patented. The patent holder has the right to exclude others from producing, selling or using the invention. In return, the invention has to be disclosed in the patent specification. The granted right may be transferred by selling the patent or by licensing it to third parties. In this way, a patent makes an invention tradeable.

To patent or not to patent?

Patenting is time-consuming and expensive. Therefore, you should ask yourself the following questions:
 

  • Is the invention commercially attractive enough?

  • Is the invention patentable: novel, involves inventive step, has industrial applicability?

  • Can a proof of concept of the technology be achieved within reasonable time to a level that makes it attractive to an industry partner?


Patent prior to publication

If an invention has been published, it can no longer be patented. Accordingly, patent filing must take place before publication. Therefore, please report an invention to us as soon as possible using the Confidential Invention Disclosure and Inventor Declaration (download area on the right).

Which publications/disclosures can be damaging to patentability?
  • Scientific publication

  • Presentation, abstract, or poster at a conference

  • PhD thesis (once published)

  • Institute seminar with guests

  • Annual report

  • Website

  • Discussions with scientists or companies prior to signing a Confidential Disclosure Agreement


Non-detrimental disclosures:
  • Publication submitted, reviewing in process

  • Internal institute seminar

  • Application for a research grant (SNF, Innosuisse), provided treated confidential by funding body

  • Discussions with scientists or companies after signing a Confidential Disclosure Agreement