Legislative Implementation of Flexibilities - Sweden

Title:	Articles 19 and 20 of the Patents Act No. 837 of 01/12/1967 as last amended by Law No. 161 of 01/04/2004
Field of IP:	Patents
Type of flexibility:	Substantive examination
Summary table:

Provisions of Law

19. If the application is complete and no obstacles to a patent are found, the Patent Authority shall notify the applicant that a patent can be granted.

Within two months of the date of notification, the applicant shall pay a fixed grant fee. In default of this, the application shall be dismissed. The processing of a dismissed application shall be resumed if, within four months after the expiration of the two months, the applicant pays the grant fee and a fixed resuming fee.

If a patent is sought by an inventor who has considerable difficulty in paying the grant fee, the Patent Authority may exempt him from this obligation if he makes a written request to that effect within two months of the date of notification. If the Patent Authority rejects the inventor's request, a fee paid within two months thereafter shall be considered as being paid within the proper time limit.

20. If the applicant has fulfilled the requirements of Section 19 and there is still no obstacle to a patent, the Patent Authority shall grant the application. The decision shall be announced.

When the decision to grant the patent application has been announced, a patent has been granted. A granted patent shall be recorded in the Register of Patents kept by the Patent Authority. Letters patent shall also be issued.

After the patent has been granted, the claims may not be amended so that the scope of the patent protection is broadened.