I. Current law and practice
- 1. Does your law in general provide a plausibility requirement?
Neither the Swiss Patent Act (hereinafter “PatA”) nor the Swiss Patent Ordinance (hereinafter “PatO”) make any reference to a plausibility requirement.
- 2. Is the plausibility requirement, if any, a stand-alone requirement or is it integrated into another requirement (e.g. inventive step)?
As mentioned above, plausibility is not an explicit requirement in Switzerland.
If a plausibility requirement was recognised at all, which has not been the case so far, it could become relevant as part of the inventive step (PatA 1) or sufficiency/enablement analysis (PatA 50).
- 3. Are there any statutory provisions that specifically apply to plausibility? If yes, please briefly explain.
- 4. Please briefly describe the general patentability requirements in the statutory law of your jurisdiction that are or would be relevant to the issue of plausibility.
According to the PatA, patents for inventions are…