Greater legal certainty in plant breeding
Bern, 09.09.2026 — Patents relating to plant breeding are to be disclosed in future. This will give breeders greater certainty in their breeding of new varieties. On 9 September 2026, the Federal Council acknowledged the results of the consultation and adopted the dispatch on the revision of the Patents Act for submission to Parliament.
Plant breeders often use an existing variety as the basis for developing new ones. If a given characteristic of the existing variety, such as rot resistance, is protected by a patent, the breeder will generally need a licence to market the new variety. It is often difficult for breeders to work out whether they need a licence or not. This lack of certainty can make plant breeding more difficult and thus hinder innovation.
Transparency for breeders
The draft therefore introduces a disclosure obligation: anyone who applies for or owns a patent on biological material relating to a plant variety will now be required to disclose in a database which varieties possess the patented characteristic. This will enable breeders to easily find out about relevant patents and make decisions regarding their breeding programmes.
If the disclosure requirement is not observed, patent applicants and owners will be unable to exercise their patent right with respect to breeders. This will protect those breeders that obtain the relevant information in good time.
The draft also stipulates the scope of a patent on a characteristic: protective rights cannot be asserted if breeders develop the same characteristic without using patented biological material and solely by means of conventional breeding.
Solution based on EU rules
The selected solution is based on existing voluntary transparency initiatives in the sector. Hence, it will be quick and easy to implement. It is also in line with the developments in the EU, which will make it easier for Swiss breeders to access the European market.
During the consultation, reservations were expressed about the proposed clearing house and the related administrative work. As a result, the Federal Council has decided not to pursue that proposal.
Documents
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