The Legal Exploitation of Patents owned by Swiss Universities

The licensing of patents from Swiss universities is a cornerstone of the technology transfer process, in particular for innovative startups and spinoffs developing health technologies based on these patents. This dissertation examines patent licensing practices within the evolving legal, social, economic, and political framework governing Swiss universities, with a focus on the life sciences field. It analyzes the impact of key contractual clauses that can – or should – be found in university licensing term sheets and considers recent developments, such as the option of a pre-negotiated "express" licensing agreement. This dissertation also provides illustrative capitalization tables comparing the effects of financing rounds and a share deal on a startup, depending on whether the university holds an equity stake (issued shares) or a virtual participation (phantom shares). Observing a trend towards transparency and standardization in university licensing deals in Switzerland and abroad, this work distils best practice recommendations into concrete proposals for universities, founders, investors, and other stakeholders involved in the Swiss startup ecosystem.