FAQ - Spinning out of ETH

The ETH Zurich Spin-off Guidelines apply to all employees of ETH Zurich, including professors and Privatdozenten (private lecturers).

Key Considerations:

1. Conflict of Interest and Secondary Employment: All ETH employees must ensure that their involvement in a spin-off does not create a conflict of interest with their ETH duties. Any secondary employment related to a spin-off must be declared and, if necessary, approved according to the Notification- and Authorization Provisions of the ETH Zurich Spin-Off Guidelines. This includes that employees must inform the Vice President for Knowledge Transfer and Corporate Relations about their spin-off activities. Similarly, any additional sources of income should be discussed with your HR representative to ensure compliance with personnel regulations and secondary employment policies.
2. Use of ETH Zurich Resources: If a spin-off plans to use ETH Zurich facilities, equipment, or intangible assets, a formal agreement is required. That way, ETH ensures a clear separation between university resources and spin-off activities to maintain transparency and fairness. More detail in section above.
3. Intellectual Property and Licensing: If a spin-off intends to commercialize ETH-developed technology, software, or know-how, it must reach out to ETH Transfer to establish a licensing agreement. The resulting terms shall ensure fair access and compensation while enabling startups to scale effectively.

Not by default. There are mainly two instances in which ETH may negotiate to acquire shares or Phantom Stocks in your company:

• There is strategic value and interest for ETH as an institution, or
• As a means for reimbursing expenses related to for example patent filing and management, or costs related to license agreements.

In both instances, the details are subject to fair negotiations between you as founders and ETH transfer.

Exactly how involved your (former) professor is in your company is up to you to discuss. Generally, ETH Entrepreneurship recommends that professors take a non-​​active role, for example as scientific advisor – but you need to decide what is best for your company.

Professors are allowed to hold shares in companies, but then as private individuals and not in the capacity of their role at ETH. The exact percentage is up to you to negotiate, but to ensure a fairer treatment of the founders the Executive Board of ETH is strict in applying a cap of 20% for a single professor, and 30% in the case of multiple professors becoming shareholders in the same company. Exemptions may be granted – but only under very exceptional circumstances. A professor holding a Board Seat (in particular in relations to shareholding) is also possible, but this must be approved by the ETH Executive Board before incorporation for reasons of transparency around potential conflicts of interest.

ETH Entrepreneurship will guide you through either process above. Regardless of your overall composition, we recommend the operational team to hold the majority of the company shares at incorporation.

We're currently developing ETH Investor Connect. This community will entail a platform to directly connect ETH Spin-off founders with investors. Furthermore, members receive invitations to exclusive events, such as the DeepTech Investor Summit or the Innovation Series.

For detailed information on the InnoBooster program's requirements, including the necessity of a Letter of Endorsement, please refer to the external page Gebert Rüf Stiftung's official guidelines. To obtain a Letter of Endorsement from ETH Zurich you should:

1. Identify the appropriate contact person:
   1. Pioneer Fellows: Reach out directly to the Program Manager via email.
   2. All other: Prioritize contacting your (potential) customers, investors, industry partners and/or your department's designated entrepreneurship liaison to discuss your endorsement needs.
2. Clearly state the purpose of the endorsement and any specific requirements of the funding program you are applying to.
   

The short answer to this question is “it depends”. If you want to commercialize a (protected) technology that you have developed while at ETH as an employee, it is likely that you will need a license from ETH to commercialise it, as the technology then is considered institutional property. In this case, you first need to submit an invention or software disclosure to our colleagues in the Intellectual Property Group, who are also managing the license agreements. If the technology was developed while you were a student, you generally do not need a license. Note that PhD-​​students with regards to licenses count as employees since they have an employment agreement with ETH.

The safest way to understand what applies to you is to check out the Download Exploitation Guidelines (RSETHZ 440.4) (PDF, 267 KB), and to navigate the websites concerning intellectual property at ETH. And by the way – whether you have a license does not affect your eligibility to become an accredited spin-​​off!

A Non-Disclosure Agreement (NDA) is a legal contract that ensures confidential information shared between parties remains private and is not disclosed to unauthorized third parties. NDAs protect sensitive business details, intellectual property, and competitive advantages, helping startups safeguard their innovations.

When should you sign an NDA?

• Investor Discussions: While many investors avoid NDAs, if highly sensitive proprietary technology is involved, it might be worth negotiating confidentiality clauses.
• Potential Partners & Collaborators: When discussing new business relationships, especially with suppliers, manufacturers, or technology partners.
• Employees & Contractors: When onboarding individuals who will access trade secrets, customer data, or proprietary systems.
• Mergers & Acquisitions: Before sharing critical financial and operational information with potential buyers or strategic partners.

When might an NDA be unnecessary?

• Publicly Available Information: If the information is already in the public domain, an NDA serves little purpose.
• General Pitching to Investors: Most VCs and angels do not sign NDAs as they evaluate multiple startups and avoid potential legal conflicts.
• Marketing & Sales Talks: When discussing your product or service with customers, NDAs are usually not required.

What if you’re an Employee of ETH? Since probably ETH’s Guidelines concerning Contracts in the Field of Research apply, refer to protected page this checklist (NDA template included) and reach out to ETH transfer as well as your group’s representative.

The Swiss Federal Institute of Intellectual Property offers free initial consulting via their external page IP Advisory Network.

1. Conduct a Trademark Search
   Before applying for a trademark, check whether your desired name, logo, or symbol is already registered. You can do this through the external page Swissreg database. Furthermore, next to a simple internet research, you should also check the external page Swiss Commercial Register (Zefix) to see if a similar company name is already in use, although this does not indicate trademark protection. If a name or logo is similar to yours and you’re unsure whether it’s still available, consulting a trademark lawyer can help clarify your options. 
2. File a Trademark Application
   If your desired trademark is available, you can apply for registration through the external page IGE IPI. This grants you exclusive rights to use the trademark in Switzerland for 10 years. The usual filing fee is CHF 450 for the first 10 years with a CHF 100 discount for applications via external page etrademark.

Finding the right co-founder is crucial for the success of your startup. There are several strategies to help you connect with potential co-founders:

1. Leverage Co-Founder Matching and Startup Job Platforms
   1. ETH Entrepreneurship Affiliates: A network of experienced mentors, experts, service providers and entrepreneurs in residence.
   2. external page Joinup: A platform that connects startups with qualified candidates from leading Swiss universities.
   3. Industry-specific platforms, like external page Inclimate: For startups focused on climate technologies, Inclimate is platform designed to connect climate entrepreneurs with talent and potential co-founders.
   4. external page Y Combinator Co-Founder Matching: While not specific to Switzerland, this platform broadens your search for worldwide potential co-founders with diverse backgrounds.
2. Attend Networking and Startup Speed Dating Events
   1. Our Event Calendar: Find various workshops, seminars, and networking events aimed at both aspiring and current entrepreneurs. 
   2. ETH Student Project House: Creative maker space and innovation hub that frequently runs Peers & Cheers, pitch nights, and other events.
   3. external page ETH Entrepreneur Club: This student-led organization regularly hosts numerous events, including external page InCube, external page Startup Speed Dating, and other events.
   4. Ask Me Anything Lunch: Informal lunchtime sessions with startup founders and experts, fostering open conversations and new connections. To attend the next session, check our event calendar.
   5. external page Talent Kick: Cross-university co-founder matching and venture-building program that supports early-stage teams with coaching and funding.
   6. external page Startup Campus: Offers co-founder matching workshops, entrepreneurship trainings, and networking events across Switzerland, particularly through its Business Concept course.

Find out more about the ecosystem here.

You can connect with experienced mentors, industry experts, and coaches through the ETH Entrepreneurship Affiliates program. This network includes professionals from various fields who support ETH startups with strategic advice, technical expertise, and entrepreneurial guidance.

To join, contact .

No, you can't formally hire staff before incorporation, since the company doesn't legally exist yet. However, there exist workarounds:

• Engage freelancers who invoice you personally.
• Use a letter of intent to promise future employment after incorporation.
• Set up equity or vesting agreements with early team members.

Always check legal compliance in your specific case with an expert!

Yes, you can hire ETH Zurich students for internships. ETH Zurich encourages students to gain practical experience, and some study programs even require students to complete mandatory internships as part of their curriculum. In such cases, program- specific regulation may apply, including the type of work, duration, and prerequisites for recognition of the internship. Interns should check with the relevant ETH department or study program coordinator to ensure compliance with these requirements.

Hiring Non-EU Students: If you plan to hire non-EU students, be aware that certain work permit regulations apply in Switzerland. In general, non-EU students can undertake internships in Switzerland if they are a mandatory part of their curriculum. For voluntary internships, additional work permit requirements may apply. It’s recommended to check with ETH Zurich’s International Student Services for guidance on employment regulations.

Finding potential interns:

1. external page ETH Get Hired Platform: The university platform where companies can post internship opportunities targeted at ETH students.
2. external page Joinup: A free platform that connects startups with candidates from leading Swiss universities.
3. Departmental Career Services: Many ETH departments have dedicated career services or coordinators who assist students in finding relevant internships.This allows you to target students with specific skills in engineering, natural sciences, and other fields.
4. Student Associations and Clubs: VSETH hosts various student organizations, which regularly interact with students seeking industry experience. Partnering with these groups can help you reach motivated students interested in internships.