INTELLECTUAL PROPERTY

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Handbook for Entrepreneurs 2022 INTELLECTUAL PROPERTY

I have a brilliant idea that could become a promising business. But how can I avoid having it stolen, copied or simply exploited by someone else ?

YOUR RIGHT TO YOUR IDEAS

It is vital for an entrepreneur to be able to protect their idea and freely exploit their invention. This is the concept behind intellectual property (IP). The aim of IP is to guarantee its owner the exclusive right to exploit a business idea.

It is essential for a company, especially a start-up, to be able to capitalise on its idea(s). There are several ways of doing this, with either a patent or a trademark. These two elements thus become an essential part of the company’s capital – apart from anything else, they are reassuring for future investors.

Real IP protection strategies must therefore be developed. Entrepreneurs can get the help of professionals in this process to study the patentability of their idea or simply to check their freedom to operate (the ability to use or commercialise a product or process without infringing another party’s valid IP rights).

DESIGNS TRADEMARKS

The design refers to the external shape of a two-dimensional or three-dimensional object. The shape is characterised in particular by the arrangement of lines, surfaces, contours or colours or by the materials used. A trademark is a protected sign that distinguishes a company’s products or services from those of other companies.

A design can be protected provided that it is novel, inherently distinctive from existing designs in significant points, and not contrary to public morality or law. Furthermore, the shape must not be determined solely by the function of the object for which it is intended.

By registering a design with the Federal Institute of Intellectual Property (IGE/IPI), you can prevent third parties from using products with the same or similar design for industrial or commercial purposes (in other words, manufacturing, offering for sale, importing or exporting). The design is protected for a maximum of 25 years. All graphical representations of a sign can, in principle, be a trademark:

• words (e.g. Victorinox);

• combinations of letters (e.g. ABB);

• combinations of numbers (e.g. 501);

• graphic images (e.g. logo of the SBB);

• three-dimensional forms (e.g. Mercedes star);

• various other signs

The basic fee for registering a design is CHF 200. For each additional design submitted within the same application, an additional CHF 100 is added, up to a maximum of CHF 700. The publication of an illustration is included in the basic fee. Each additional illustration costs CHF 20.

By protecting your trademark, you have the exclusive right to use it to designate goods and services. This right can be passed on, for example through licensing or sale. You can prevent others from using a similar or identical sign for similar or identical goods or services.

A trademark is protected for ten years from the date of filing. The filing fee in Switzerland is CHF 550. Protection can then be renewed indefinitely for ten years at a time.

Useful links

• Federal Institute of Intellectual Property (IGE/IPI) • The Ark Accelerator www.ige.ch www.theark.ch/en/accelerator

PATENTS

A patent is an IP right granted by the state for a technical invention. In the legal sense, an invention is a solution to a technical problem. To be patentable, an invention must be new: it must not form part of the state of the art. The invention must not be obvious to a person skilled in the art, and it must be industrially applicable.

A patent gives the owner the (geographically restricted) right to exclude third parties from commercially using an invention for a period of 20 years. During this time, you have the right to prohibit the use of your invention for economic purposes without your permission. In return, you must explain your invention in detail and make it public.

Protection can only be granted by a national office. There is currently no such thing as a worldwide patent, so you must file your patent in all countries where you want protection.

If you are inexperienced, writing a patent application correctly can be difficult, and it is advisable to enlist the help of a patent attorney. The Ark Foundation, and especially its Accelerator service, has the expertise to help you with the process.

The fees of the Federal Institute of Intellectual Property are:

• CHF 200 to file a patent application and CHF 500 for the IGE to examine the application.

• The patent holder must then pay annual fees, which are CHF 100 from the fourth year onwards, then increase progressively each year to reach CHF 960 in the twentieth year.

• These amounts do not take into account the general costs of using a specialist.