“IP protection starts with the drafting of relevant clauses in contracts”

A very central one. Patent attorneys advise companies on all aspects of intellectual property (IP). This applies not only to traditional trade mark, patent and design rights, but also to protection through trade secrets or contracts with customers and suppliers to prevent valuable knowledge from falling into the wrong hands. IP protection begins with the drafting of relevant clauses in contracts and naturally extends to the filing of IP rights, such as trade marks and patents. The topic permeates so many areas that it’s very challenging for companies to deal with. This is where patent attorneys can help with their specific expertise. They can advise on all aspects of IP, including strategic issues, of course.

The IP strategy must fit the business case of the company in question. Registered IP rights, such as trade marks and patents, cost money. Investments have to be worthwhile. So it’s important to build up an IP portfolio and pursue a strategy which makes the investment worthwhile. Patent attorneys can advise and assist accordingly. The strategies developed are customised to the respective company. I’ve been advising various companies from start-ups to large corporations for over ten years, and I’ve never been able to transfer all aspects of one case to another one. This strategic activity is also what makes our profession so exciting.

Start-ups are better informed than they were ten years ago. That’s partly because the IPI has been heightening its awareness-raising measures on the topic and attending start-up events. There are also many funding programmes that include an information section on IP. If you’re innovative, you generate added value. Innovations are valuable and deserve to be protected.

That varies a lot. Some come to us right at the beginning in the founding phase and seek advice so that they can pursue a targeted strategy from the outset. Others come somewhat later, sometimes too late – when they’ve already had problems with third-party IP rights. At the latest when a company is large enough to be competitive in the market, its competitors check very carefully whether the new arrival in the market is infringing their IP rights. At that point, every start-up is happy to have a solid IP strategy.

I’ve often been told: “If we’d known how important IP is for the success of our company, we’d have looked into it sooner.” That’s why it’s important to seek professional advice in good time. Unfortunately, some initial errors in the filing of IP rights can’t be corrected at a later stage.

Inventions are often published before the patent application is filed. In most countries, this means that patent protection is no longer possible. Once an invention’s been made public, it’s considered state of the art and is therefore ‘prejudicial to novelty’ for any subsequent patent application. So first register the invention, and then publicise the technology in blogs, etc.

In this respect, I also warn people against writing patent specifications themselves if they set store by their protection. This is what we patent attorneys specialise in. The texts are complex and practically use a language of their own. Every word and every formulation has to be right. The words chosen determine how well an invention is protected. For these reasons, company founders should seek professional help very early on.

As early as possible! “Entrepreneurs should think about protecting their ideas before they found their start-up.” As soon as you even start thinking about what your company should be called, you run into trade mark protection issues. Can I use the name I select or would I be infringing the rights of third parties? If you’re not careful, you may suddenly no longer be allowed to use your company name because it’s already been protected by third parties. It usually costs much more to solve the problems caused by taking an unprofessional approach than to seek professional help from the outset. Paying an expert makes sense: after all, start-ups have often invested a lot of time in building up their brand and their technology. 

Registering a trade mark is cheaper than you might think. If you’re going to the effort of setting up a company, you should also register a trade mark. That’s a basic principle. 

The costs for patents are significantly higher. Of course, the investment must pay off. So you should only patent a product for which there is a market. The IP strategy must fit the business model. 

However, when talking about the cost of IP rights, it should also be borne in mind that intellectual property ultimately accounts for a large part of a company’s value, even if this is not necessarily recognised directly in its accounts. It’s therefore worth investing in intellectual property. 

If you have a patent, you can prohibit third parties from using your protected invention for commercial purposes. Patent applicants and patent owners often don’t even notice the benefit directly. For example, a company might discover that it could potentially infringe a patent owner’s rights and therefore decide not to enter the market. But of course, the patent owner doesn’t hear about this.

Since third parties can’t readily sell a product with a patent, the patent owner can naturally also charge a higher price for its protected product.

What’s more, investors are often relatively willing to invest in start-ups that have IP rights. Even if things don’t work out with a company, the owners can still sell the IP rights. Such rights also make it easier to obtain grant funding. We see this in practice.

Above all, you need to look into the financial aspects. It might not make sense to seek international patent protection if you only manufacture and sell the protected product in Switzerland. You need to think about what countries you want your start-up or SME to sell your product in and where your competitors are based. These and other considerations are part of your IP strategy, which in turn goes hand in hand with your business strategy.

For example, the invention that was the most difficult to develop is not always the most worthy of protection. Your IP right should be focused on the invention that brings the most benefits to the company. Sometimes it’s apparently simple inventions that generate sales, such as spare parts. Or you can secure your long-term income with coffee capsules and not with the coffee machine itself.

You need to carry out a search in public databases at an early stage so that you can avoid conflicts. Everyone is obliged by law to ensure that they don’t infringe third-party IP rights. As already mentioned, this starts with the brand name and goes on to include the technology you sell. As a start-up, you should look into this kind of search, known in technical jargon as a freedom-to-operate (FTO) search.

Whether you have a one-person or multi-person business, experience shows that you’ll quickly be put in your place by your competitors if you don’t check where you stand. Your rivals monitor the market and want to know who is active in their area and who might steal their market share. Especially when it comes to potential trade mark conflicts, many companies won’t stand for any nonsense.

In cooperation with the patent attorney associations VESPA, VSP and VIPS, the Swiss Federal Institute of Intellectual Property (IPI), organises a Swiss IP specialist and patent attorney training course (SIPSPA).

Next course: 5 September 2025 (registration deadline for the entire course: 1 August).

The course serves as preparation for the Swiss Federal Patent Attorney Examination held each autumn and covers all relevant topics for parts three and four of the examination. However, it is also open to other applicants who want to expand or refresh their knowledge in specific areas.

More information on the course