IP rights for start-ups in Switzerland: A comprehensive guide
It is crucial for start-ups in Switzerland to protect innovations, creative ideas and brands. IP rights offer companies the opportunity to secure their intellectual property rights and increase the value of their business model in the long term. In this article, you will find out which IP rights are important for your startup, how they work and what you should look out for.
Why are property rights important for start-ups?
Intellectual property rights protect a company's intellectual property and prevent third parties from copying or imitating your innovations. This is of strategic importance, especially for start-ups, which are often based on new technologies or creative business models. A well-protected business model not only strengthens your market position, but also makes your company more attractive to investors.
Types of property rights in Switzerland
There are various types of intellectual property rights that can be claimed in Switzerland:
Patent
A patent protects technical inventions that are new and innovative and can be used industrially.
- AdvantagesPrevents competitors from using the same technology
- DisadvantagesTime-consuming and expensive to register
Trademark law
Trademark law protects signs such as names, logos and slogans that identify your company and its products.
- BenefitsProtects the identity of your company
- DisadvantagesTrademark law only protects the sign, not the products or services themselves
Design protection
Design protection safeguards the external appearance of a product.
- AdvantagesSimple and inexpensive application compared to a patent
- DisadvantagesProtects only the design, not the functionality of the product
Copyright
Copyright protects creative works such as texts, software or art. It arises automatically and does not have to be registered.
- AdvantagesAutomatic protection, no registration costs
- DisadvantagesEnforcement for digital content can be difficult
Comparison of the various property rights
The following table provides an overview of the most important intellectual property rights in Switzerland and compares them according to key criteria:
| Property right | Patent | Brand | Design protection | Copyright |
|---|---|---|---|---|
| What is protected? | Technical inventions (new, innovative, industrially applicable) | Signs, names, logos or slogans | Appearance Appearance of products | Creative works (texts, music, software, art) |
| Requirement for protection | Detailed description and examination by the IPI | Entry in the trademark register | Representation of the design and registration | Automatic protection during creation |
| Start of protection | After successful examination and granting of the patent | With the entry in the trademark register | With the entry | With the creation of the work |
| Duration of registration | 6-18 months | Approx. 6 months | 4-6 months | No registration necessary |
| Runtime | Maximum 20 years, renewal required every 12 months | 10 years, unlimited extension possible | 5 years, extendable up to 25 years | For life + 70 years after the death of the author |
| Registration costs | Registration costs: CHF 700-1000, examination costs + other fees | From approx. CHF 500 (depending on the number of classes and scope of protection) | From approx. CHF 200 | No direct costs |
How do you apply for IP rights?
In Switzerland, property rights are registered via the Institute for Intellectual Property (IGE). The process differs depending on the type of property right:
- PatentRequires a detailed description of the invention, which is examined by the IPI. The application usually takes 6 to 18 months.
- TrademarkYou can register a trademark via the IPI's online portal. It is recommended that you check the trademark register in advance to see whether similar trademarks already exist.
- Design protectionHere, a clear presentation of the design worthy of protection is necessary. This application is also made via the IPI.
- CopyrightCopyright comes into force automatically as soon as the work is created. No formal registration is required.
Costs of property rights
The costs for registration vary greatly:
- PatentRegistration costs start at around CHF 700 to 1,000, with additional costs for examinations and annual renewals.
- TrademarkFrom around CHF 500, depending on the number of classes in which the trademark is to be protected.
- Design protectionApproximately CHF 200 for the registration of a design.
- CopyrightThere are no registration costs, as protection is automatic.
Expanding property rights internationally
If your startup operates internationally or wants to expand, you should also think about protecting your rights abroad. International agreements such as the European Patent Convention (EPC) or the Madrid Trademark Agreement allow for simplified registration in several countries.
Avoid common mistakes
- Protect too lateMany start-ups wait too long to register, which gives competitors the opportunity to apply for similar property rights.
- Register too broadlyIt is important to proceed strategically and only register the rights that offer clear added value for your business model.
- Do not enforce property rightsRights that are not actively enforced quickly lose their value. Define a clear strategy on how you want to defend your rights.
Conclusion: property rights as a success factor for your startup
Property rights are an important factor for start-ups in Switzerland when it comes to securing innovations and creating competitive advantages. They not only offer protection against imitators, but also increase the company's value and attractiveness for investors. With a smart IP strategy, you can lay the foundation for the long-term success of your startup.
