A smoking ban overturned by a federal tribunal may be reinstated only in 2011, according to the health minister for Switzerland's Geneva canton.

Switzerland's highest court overturned a three-month-old ban on smoking in public places in Geneva on Tuesday, saying the move failed to follow proper procedures.

As a result, smokers have been lighting up in restaurants and bars since Tuesday night; despite smoking being prohibited since July 1.

On Wednesday, Pierre-Francois Unger, the man behind the initial legislative push, said "the battle has been lost, not the war."

Unger said it could take up to three years to reverse the ruling and restore the ban.

The Federal Tribunal ruled that the ban should not have been passed by the canton's parliamentarians before the state's government enacted legislation, and that it therefore had no legal basis.

Geneva's state government had used a popular vote as grounds for pushing through a canton-wide smoking ban in public places on July 1.

But according to procedures, a draft of the law should first have been passed by the state's parliamentarians.

The judgement, which disputes only the procedure leading to the ban and not the essence of the ban itself, takes immediate effect, meaning patrons can once again light up in restaurants and bars.

To re-enact the ban, Geneva's canton authorities will need its parliamentarians to adopt a draft regulation which could in turn be subject to a referendum.