Guide for Innovative and Creative Minds

 

Can ideas be protected?

Ideas, as such, cannot be protected, however, under certain conditions the concrete form of the idea can be:

  • Technical solutions to a problem can be protected by a patent (e.g. heatable ski boots)
  • The name of a product or a logo can be protected by registering a trade mark (e.g. Ricola)
  • A product form can be protected by filing a design (e.g. Colani bottle)
  • Literary works, art and computer programs are protected by copyright

An idea alone is not patentable, but the exact instructions for arriving at the solution to a technical problem are. The realisation of the idea must be accurately described.

Discoveries, aesthetic forms, and business systems are not considered inventions in Switzerland and thus cannot be patented. A discovery refers to finding something which already exists and simply describing it, or, in other words, an invention expands the technical possibilities of mankind while a discovery only expands our knowledge.

More examples of what is not patentable can be found under What is an invention.
 

Good to know

  • Computer programs, as such, are not patentable, but, inventions based on such programs are (for example, electronic steering). More information on computer-based inventions can be found on page 14 of our patent examination guidelines (available in German (PDF) and French (PDF)).

 

Further information

 

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