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Legislative Implementation of Flexibilities - Sweden

Title:Articles 8 (2) and (3), 8a and 25 (2) 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:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

8. (2)The application shall contain a description of the invention comprising also drawings if such are needed, and distinct statements about what is sought to be protected by the patent (patent claims). The fact that the invention relates to a chemical compound does not imply that a specified use has to be indicated in the patent claim. The application shall contain a statement as to how the invention can be industrially exploited, if that does not follow from the character of the invention. However, if the invention concerns a gene sequence or a partial gene sequence, the application shall always indicate how the invention can be applied industrially. The description shall be sufficiently clear so as to enable a person skilled in the art to carry out the invention with the guidance thereof. An invention that relates to a biological material or which implies the use of such material shall, in the cases referred to in Article 8 a, be deemed to be sufficiently clearly indicated only if also the conditions under that Article are fulfilled.

(3) The application shall also contain an abstract of the description and the patent claims. The abstract is intended only to give technical information about the contents of patent application and may not be taken into account for any other purpose.

8a. If an invention concerns a biological material which is neither available to the public nor can be described in the application documents in such a way as to enable a person skilled in the art to carry out the invention with the guidance of those, or if the invention implies the use of such a material, the biological material shall be deposited no later than the date of the filing of the application. The biological material shall thereafter be continuously kept on deposit so that anyone who under this Act is entitled to receive samples of the material can obtain the sample delivered in Sweden. The Government shall prescribe where deposits may be made.

If a deposited biological material ceased to be viable or if samples from of the material can not for other reasons be supplied, the material may be replaced by a new deposit of the same biological material within the time and in the manner specified by the Government. Where this has been done, the new deposit shall be deemed as having been made already on the date when the earlier deposit was made.

25. The Patent Authority shall revoke the patent after opposition if it

2. relates to an invention which is not so clearly disclosed that a person skilled in the art can carry it

out with the guidance thereof, or

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