Federal Council wants to ensure transparency regarding genetic resources in patents
Bern, 04.11.2026 — The Federal Council wants to increase transparency regarding genetic resources and associated traditional knowledge in patent applications. At its meeting on 4 November 2026, it adopted the dispatch on a treaty on intellectual property, genetic resources and associated traditional knowledge. Switzerland has already had a corresponding disclosure requirement since 2008. This means that the Patents Act does not need to be amended.
The member states of the World Intellectual Property Organization (WIPO) adopted the treaty on 24 May 2024 in Geneva. It is the first international treaty in the field of intellectual property that specifically deals with genetic resources and associated traditional knowledge. It obliges patent applicants to disclose, in certain cases, the origin of genetic resources used in an invention. Where relevant, the disclosure requirement also applies to associated traditional knowledge. This increases transparency without changing the substantive requirements for an invention to be patentable.
Significance for Switzerland
For many years, Switzerland has been working towards finding a balanced solution that encourages innovation and also accounts for the interests of Indigenous Peoples and of the countries of origin of genetic resources. Switzerland has had a disclosure requirement for genetic resources and traditional knowledge in its patent law since 2008. It thus already fulfils the conditions of the WIPO Treaty. If the treaty is approved by Parliament, Switzerland would further strengthen its long-standing commitment to building a transparent, reliable and internationally harmonised patent system.
The WIPO Treaty should also contribute to the international harmonisation of national disclosure requirements. This should benefit Swiss companies, universities and research institutions that file patent applications internationally. More standardised rules create more legal certainty and simplify the use of disclosure requirements in various countries.
Documents
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