A team of patent attorneys and attorneys at law with extensive academic and industry experience specifically in computer science as well as related fields ready to advise on any computer and software related legal and intellectual property question.
Highly specific topics such as software patenting and ICT law must be handled by specialists. Our team of attorneys have degrees in computer science, electrical engineering and physics and therefore speak the inventor’s language and possess the solid foundation for understanding the implications of complex software technicalities.
In a fast-changing legal environment such as ICT law and software patenting, only up-to-date advice generates true value for your company. Attorneys of the Software Practice Group have been continuously refining their expertise for over more than a decade on average, through daily practice and continued education, to provide you with up-to-date and solid advice.
It takes more than a single person to cover – at the highest of standards – diverse and often interdisciplinary applications of software. Our Group of attorneys’ diverse and comprehensive backgrounds join together to optimally address any aspects of your software-related IP needs, in various and often overarching technical fields.
Zoltán Gyenge
Counsel | B.Sc. Computer Science,
Maria Iskic
Partner | Lic. iur., Attorney at Law Fachgebiete: IT Law | Technology Contracts | Open Source Compliance |
Philip Kerpen
Partner I MSc ETH Physics,
Dany Vogel
Partner | MSc EE ETH, MSc CS,
Fabio Versolatto
Partner | Lic. iur., Attorney at Law Fachgebiete: Copyright law | trade secrets & confidentiality | unfair competition law |
Thomas Wyder
Partner | Ph.D. Physics, M.Sc. Physics
Estefano Esparza
Patent Engineer | M.Sc. EE Fachgebiete: Control Engineering | Digital Information Processing |Developing IP strategies aligned with the business strategy which consider both the opportunities but also potential risks related to ICT IP rights.
Drafting and prosecuting patent applications for software (SW) – related inventions, ranging from purely SW implemented inventions to inventions involving SW aspects, such as SW based industrial applications.
SW licensing agreements and procurement contracts, addressing the specific aspects of ICT-law, including open-source licensing.
Ensuring our clients adhere to the ever-changing data protection/ privacy regulations.
Freedom to Operate (FTO) analysis taking in consideration the complexities of SW solutions such as SaaS.
Enforcement and defence in Switzerland, before the Unified Patent Court UPC and beyond, leveraging our in-house experience and our world-wide network of litigators.
Yes, software inventions can be patented if they provide a technical solution to a technical problem. We specialize in framing your software innovations to meet patent eligibility criteria.
A CII is an invention which involves the use of a computer, network, or programmable device where at least one feature is realized by a computer program.
Copyright protects the specific expression of an idea, such as source code, while patents protect the underlying technical concepts and functionalities.
While pure algorithms and mathematical methods are not patentable, an algorithm applied within a technical context to solve a technical problem can be patented as part of a computer-implemented invention.
No, hardware features are useful but not necessary for a software invention to be patentable. It is sufficient for the software to produce a technical effect that solves a technical problem.
Without patent protection, competitors may replicate your innovation without legal repercussions, potentially eroding your market share and investment returns.
Yes, relying on open-source licenses and/or releasing your software under an open-source license does impact patenting strategy. At the same time, open-source licenses and registered IP rights such as patents are not mutually exclusive.
Other forms of protection include designs, copyrights, trade secrets, and contractual agreements like non-disclosure agreements (NDAs). We can advise on the best strategy based on your specific situation.
Technical aspects of a graphical user interface GUI can be protected by patents, while the aesthetics of a graphical user interface GUI can protected by Designs (also called Design Patents).
While it’s true that software technologies evolve rapidly, well-drafted software patents protect fundamental innovations that often remain relevant. Patents covering underlying algorithms, methods, or technologies often generate licensing revenues over a long time (e.g. 100s of millions USD of licensing revenues over decades for MP3 related patents).
Proving infringement without direct access to source code is challenging but feasible through Court-Ordered Disclosure, Reverse Engineering, Expert Testimony, etc.
The process typically involves (optionally) conducting a patentability search followed by drafting a patent application, filing it with the relevant patent office, and prosecuting the application through examination process to grant. Our attorneys guide you through each step to maximize the chances of a successful outcome.
Patent protection is territorial. Usually, a priority application is filed in one jurisdiction, for example Switzerland or at the European Patent Office EPO, followed by an international application providing the option to later obtain protection in effectively any jurisdiction. This approach enables securing an early filing date while postponing the significant costs, usually by two and a half years from the original filing.
The duration can vary by jurisdiction but generally ranges from 2 to 5 years. Factors influencing this include the complexity of the invention and the workload of the patent office.
