Software-Related Patents:
Switzerland
copyright 1997 Donald M. Cameron , Aird & Berlis
Contents
Statutes
The Swiss Patents Act does not explicitly refer to computer programs. It is believed that only computer programs which directly control hardware may be patented; programs which manipulate data are likely not patentable.
Regulations
Section 223.4 of the Guidelines of the Swiss Patent Office provide:
a) a distinction must be made between application programs and system programs. The former pertains to the processing of certain presented data in order to acquire an output of data which is dependent upon the entered data. The algorithm of a user program also could at least theoretically be used without a computer, by ascertaining with pencil and paper, output data from input data. System programs serve only the operation of the computer, and are only meaningful in that respect.
b) User programs are not patentable, even in the form of an operation procedure (system, process). If the suitably programmed computer is claimed, it must be inquired whether the invention lies in the program or the hardware; if the definition of the invention's subject matter is dependent upon a program, then the patentability of the computer is to be rejected. The granting of patent protection in this case would amount to indirect protection of an unallowable user program and this obstruction may not be circumvented through the choice of an (albeit false) claim category.
c) System programs, however, may be patented, if they are formulated as operation procedures of a computer. Likewise, a computer programmed with a system program can be patented. (1)
The provision of a listing of the software will not constitute a sufficient disclosure of the invention.
Case Law
There is no case law that deals specifically with the patentability of software.
Endnotes
1. Swiss Guidelines for the Examination of Patent Applications published by the Federal Office for Intellectual Property. Berne, June 1984 Gazette. Translated by Erich Hintzen, Law Clerk, University of Minnesota, Patents and Licensing Department.
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