The Ministry of Justice November 2018
Stockholm
THE PATENTS ACT
(Swedish Statute Book, SFS, 1967:837, as last amended by SFS 2018:273).
Unofficial translation
Chapter 1. General Provisions
Article 1. Anyone who has made an invention which is susceptible of industrial application, or the party to which the right of the inventor has been transferred, is entitled, pursuant to Chapters 1 to 10 of this Act, to obtain, upon an application, a patent for the invention in Sweden and thereby acquire an exclusive right to exploit the invention commercially. Provisions concerning European patents are contained in Chapter 11.
The following shall never be regarded as an invention: that which is exclusively
Article 1 a. Patents are not granted in respect of plant varieties or animal breeds. A patent may, however, be granted for an invention that relates to plants or animals if the technical feasibility of the invention is not technically confined to a particular plant variety or animal breed. What is meant by a plant variety is defined in Chapter 1, Article 3, of the Act on the Protection of Plant Varieties Rights (Act 1997:306).
Patents are not granted for essentially biological processes for production of plants or animals. As an essentially biological process for production of plants and animals shall be considered any process which in its entirety consists of natural phenomena, such as crossing or selection. A patent may, however, be granted for an invention relating to a microbiological process or other technical process or a product obtained by means of such a process. As a microbiological process shall be considered any process which is performed upon microbiological material or by means of which such material is used or produced.
An invention may be patentable even if it concerns a product consisting of, or containing, biological material or a process through which biological material is being produced, processed or used. A biological material which is isolated from its natural environment or produced by means of a technical process may be the subject of an invention even if it already exists in nature. Biological material includes any material containing genetic information and which is capable of reproducing itself or capable of reproduction in a biological system. (Act 2004:159).
Article 1 b. The human body at the various stages of its formation and development, as well as the mere discovery of one of its elements, including a gene sequence or a partial gene sequence, cannot constitute a patentable invention.
An isolated element of the human body or an element otherwise produced by means of a technical process, including a gene sequence or a partial gene sequence, may constitute a patentable invention, even if the structure of that element is identical with that of a natural element. (Act 2004:159).
Article 1 c. A patent is not granted for an invention where the commercial exploitation would be contrary to public order or morality.
An act of exploitation shall not be deemed to be contrary to public order or morality merely because it is prohibited by law or other statutes.
For the purposes of the application of the first Paragraph the following shall, inter alia, be considered as contrary to public order or morality,
The provisions of the third Paragraph, item 4, relating to processes for modifying the genetic identity of animals apply, mutatis mutandis, to animals produced by means of such a process. (Act 2004:159).
Article 1 d. A patent is not granted for such a process for surgical or therapeutic treatment or for diagnostic purposes which is intended to be exercised on humans or animals. A patent may, however, be granted for products, inter alia substances or compounds of substances, for use in any such process (Act 2007:516).
Article 2. A patent is granted only for an invention which is new in relation to what was known before the filing date of the patent application and which also differs essentially therefrom.
Everything made available to the public, regardless of whether this has been made in writing, through lectures, exploitation or otherwise, shall be considered as known. The contents of an earlier patent application filed in Sweden before the said date shall also be considered as known if that application becomes available to the public pursuant to Article 22. The condition in the first Paragraph that the invention must differ essentially from what was known before the filing date of the patent application does not, however, apply in respect of the contents of such an application.
Provisions stating that, for the application of the second Paragraph, an application referred in Chapter 3 or 11 shall, in certain cases, have the same effect as a patent application made in Sweden are to be found in Articles 29, 38 and 87.
The requirement in the first Paragraph that the invention shall be new, does not prevent the granting of a patent for a known substance or a known compound of substances for use in a process referred to in Article 1 d, provided that the use of the substance, or the compound of substances, is not known in any such process. Furthermore, this requirement does not prevent the granting of a patent for a known substance or a known compound of substances for a specific use in a process referred to in Article 1 d, if such a use is not known.
A patent may be granted even if the invention was made available to the public within six months prior to the filing of the patent application
Article 3. The exclusive right conferred by a patent implies, with the exceptions stated below, that no one may, without the consent of the holder of the patent, exploit the invention by
The exclusive right also implies that no one may, without the consent of the holder of the patent, exploit the invention by offering or supplying to a party not entitled to exploit the invention such means for carrying out the invention in Sweden which relate to an essential element of the invention, if the party offering or supplying the means knows, or it is obvious from the circumstances, that the said means are suited and intended for use in the carrying out of the invention. If the means consists of a product that is generally available in commerce, this only applies if the party offering or supplying the means attempts to induce the receiver to commit the acts referred to in the first Paragraph. In applying the provisions of this Paragraph, parties using the invention in a manner specified in the third Paragraph, items 1, 3, 4 or 5, shall not be considered as entitled to use the invention.
The following acts are exempted from the exclusive right:
Article 3 a. The exclusive right conferred by a patent on a biological material which, as a result of the invention, possesses specific characteristics extends to any biological material in an identical or a divergent form possessing those same characteristics derived from the biological material through reproduction or multiplication.
The protection conferred by a patent in respect of a process enabling the preparation of a biological material which, as a result of the invention, possesses specific characteristics also extends to, in addition to the biological material possessing those characteristics directly obtained through this process, any other biological material in an identical or a divergent form with the same characteristics obtained through reproduction or multiplication from the biological material first prepared.
The exclusive right conferred by a patent to a product containing, or consisting of, genetic information extends, with the exception of what cannot constitute a patentable invention pursuant to Article 1 b, first Paragraph, to all material in which the product is incorporated and in which the genetic information is contained and performs its function. (Act 2004:159)
Article 3 b. If the patent holder or someone with his consent assigns plant propagating material to a farmer for agricultural use, the farmer may, notwithstanding Articles 3 and 3 a, use the harvest for reproduction or multiplication in his own agricultural activity. The extent of, and the conditions for, this derogation from the exclusive right of the patent holder is evident from those in Article 14 of the Council Regulation (EC) No 2100/94 of 27 July, 1994 on the Community Plant Variety Right and the Implementing Regulations issued pursuant to that Article.
If the patent holder or someone with his consent assigns breeding stock or other animal reproductive material to a farmer, the farmer may, notwithstanding Articles 3 and 3 a, use the livestock or the other reproductive material for agricultural purposes within his agricultural activity. The farmer may, however, not sell protected animals or other material within the framework of, or for the purpose of, a commercial reproduction activity.
The right of the farmer under the second Paragraph must not be exercised to a wider extent than what is reasonable in view of the needs of the farmer and the interests of the patent holder. (Act 2004:159).
Article 4. Anyone who, at the time when the application for a patent was filed, was using the invention commercially in this country may, notwithstanding the patent, continue such use while retaining its general character, provided that the use did not constitute an evident abuse in relation to the patent applicant or someone from whom he derives his right. The right to such use shall, on corresponding conditions, also be due to anyone who has made substantial preparations for commercial use of the invention in this country.
The right pursuant to the first Paragraph may only be transferred to others together with the business where it originated or where the use was intended to take place.
Article 5. Notwithstanding a patent, an invention may be used on a foreign vessel, aircraft, or other foreign means of communication for its own needs when it temporarily enters this country in regular traffic or otherwise.
The Government may prescribe that spare parts and accessories to an aircraft may, notwithstanding a patent, be imported into this country and used here for the repair of an aircraft domiciled in a foreign country in which corresponding privileges are granted to a Swedish aircraft (Act 1977:700).
Article 5 a. (Entering into force on the date determined by the Government). When the Court referred to in Article 93 a examines cases relating to European patents referred to in Article 80, third Paragraph, Articles 25 to 30 of the Agreement on a Uniform Patent Court apply as national law in this country as regards which acts are covered by the exclusive rights and the limitations on the right. The Articles apply in the version of the original text. The original texts have equal validity.
Articles 25-30 in their original version together with a translation into Swedish are included as an Annex to this Act. (Act 2014:434).
Article 6. An application for a patent on an invention which was, within twelve months prior to the filing date according to Articles 8 c or 8 d mentioned in an earlier application for a patent in Sweden, shall, for the purpose of application of Article 2, first, second and fourth Paragraphs, and Article 4, be considered to have been filed simultaneously with the earlier application, if the applicant so claims in accordance with Articles 6 a to 6 e (priority). The same applies in respect of an application for a patent on an invention which was, within twelve months prior to the filing date, mentioned in an earlier application for a patent, an inventors’ certificate or protection as a utility model either in a foreign State party to the Paris Convention of March 20, 1883, for the Protection of Industrial Property (SÖ 1970:60) or in a State or a Territory party to the Agreement Establishing the World Trade Organization (WTO). Such priority may be enjoyed also from an application for protection relating to any other State or any other Territory, if a corresponding priority from a Swedish patent application is enjoyed where the earlier application was filed and if the legislation in force there essentially corresponds with the Paris Convention for the Protection of Industrial Property. (Act 2014:289).
Article 6 a. If the applicant wishes to claim priority from an earlier application, a request to this effect shall be filed within 16 months from the filing date for the application claimed as giving rise to priority, or, if that point in time is later, within four months from the filing date for the latest application according to Article 8 c or 8 d. When priority is claimed, the applicant shall provide information about where and when the application was filed to which reference is made and, if this is an international application, at which Receiving Authority it was filed. The applicant shall also, as soon as possible, indicate the number of the earlier application.
The applicant may, within the time and under the conditions prescribed in the first Paragraph, make an amendment in respect of the claim for priority by a communication to this effect to the Patent Authority. If the amendment implies that the filing date for the application claimed as giving rise to priority becomes a date earlier than the filing date originally referred to, the new filing date shall apply for the application of the first Paragraph.
In respect of an international patent application pursuant to Chapter 3, priority shall be claimed in the application or within the time prescribed in the fourth Paragraph. The applicant shall at the same time provide information about where and when the application was filed to which reference was made and its number and, if this is an international application, at which Receiving Authority it was filed.
In respect of an application referred to in the third Paragraph, the applicant may make an amendment of the claim for priority through a communication to this effect to the Receiving Authority or to the International Bureau mentioned in Article 35. If the amendment implies that the applicant claims priority from an application other than the one originally referred to, the applicant shall, in the communication, provide information about the application as prescribed in the third Paragraph. Such a communication shall be filed within 16 months from the filing date for the application referred to as a basis for priority. If the amendment implies that the filing date becomes an earlier date than the filing date originally claimed, the communication shall be made within 16 months from the new filing date. The applicant has, however, always an opportunity to file a communication about an amendment within four months from the international filing date.
If several inventions are described in the basic documents and the application is divided in accordance with regulations prescribed pursuant to Article 11, a claim for priority in respect of the original application shall apply also to any new application resulting from the division.
A request or a communication pursuant to the first to fourth Paragraphs, cannot be made if the applicant has requested an earlier publication according to Article 22, third Paragraph. (Act 2014:289).
Article 6 b. An applicant who has claimed priority shall within 16 months from the date from which priority is claimed file, at the Patent Authority, the following documents relating to the earlier application.
1. A certificate indicating the name of the applicant and the filing date, issued by the Authority that has received the application.
2. A copy of the application certified by the same Authority.
If the certificate or the copy has not been received within the time prescribed in the first Paragraph, the Patent Authority shall notify the applicant and give him an opportunity to file the documents within two months from the date of the notification.
The certificate or the copy does not have to be filed if the earlier application has been filed at the Patent Authority. (Act 2014:434).
Article 6 c. In respect of an international patent application pursuant to Chapter 3, the provisions of the second to fourth Paragraphs apply to the applicant’s obligations according to Article 6 b.
The applicant shall file the certificate referred to in Article 6 b, first Paragraph, item 1, only if the Patent Authority invites the applicant to do so.
Instead, the applicant may, in accordance with Rule 17.1 of the Regulations under the Patent Cooperation Treaty done at Washington on June 19, 1970, file the copy of the earlier application at the International Bureau mentioned in Article 35 or at the Receiving Authority, or request it to be transferred to the International Bureau according to the same Rule.
If a copy of an earlier application has been received by the International Bureau in accordance with the Rule referred to in the third Paragraph, the Patent Authority may request a copy and a translation of such a copy only in conformity with Rule 17.2 of the Regulations referred to in the third Paragraph. (Act 2007:516).
Article 6 d. Priority may only be based on the first application in which the invention was mentioned.
If the person who filed the first application or his or her successor in title has later, at the same Authority, filed an application relating to the same invention, the later application may be claimed as a basis for priority. This applies, however, only if the prior application has, when the later application is filed,
If someone has been granted a right of priority based on a subsequent application pursuant to the second Paragraph, the prior application may no longer be invoked as a basis for priority. (Act 2007:516).
Article 6 e. An applicant may obtain priority also for a part of an application.
For one and the same application priority may be claimed from several prior applications. This applies also in case the applications relate to different countries. (Act 2000:1158).
Article 6 f. The Government or, pursuant to an authorization by the Government, the Patent Authority prescribes concerning
The Government or, following an authorization by the Government, the Patent Authority may issue provisions on exceptions in certain cases from the obligation under Articles 6 b – 6 c to file evidence and copies (Act 2000:1158).
Article 6 g. If the provisions in Articles 6 a – 6 e are not complied with, the right of priority does not apply. (Act 2000:1158).
Chapter 2. The Processing of Swedish Patent Cases (Act 1993:1406)
Article 7. The Patent Authority in this Act refers to the Patent Authority in this country unless otherwise stated.
The Patent Authority in this country is the Patent and Registration Office. (Act 1978:149).
Article 8. An application for a patent shall be filed at the Patent Authority or, in cases referred to in Chapter 3, at the Patent Authority in a foreign State or at an International Organization.
The application shall include a description of the invention, comprising also drawings if such are necessary, and specified indications about what is claimed 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 must be indicated in the patent claim. The application shall include an indication about how the invention is susceptible of industrial application, if this does not follow from the character of the invention. If the invention relates a gene sequence or a partial sequence of a gene, the application must, however, always indicate in what way the invention is susceptible of industrial application. The description shall be sufficiently clear for it to be carried out with the guidance thereof by a person skilled in the art. An invention relating to a biological material, or involves the use of such material, shall, in the cases referred to in Article 8 b, be considered disclosed with sufficient clarity only if the conditions in the said Article are also fulfilled.
The application shall also contain an abstract of the description and the patent claims. The abstract is intended merely to provide technical information about the contents of the patent application and no account must be attached to it for any other purpose.
The applicant shall state the inventor’s name and address in the application. If a patent is applied for by someone other than the inventor, the applicant shall, in the application, state the basis for his right to the invention. The Patent Authority shall accept this statement, if there is no specific reason to question its correctness. The Patent Authority shall notify the person whom the applicant has indicated as the inventor about the application where this is not evidently unnecessary.
The applicant shall pay an application fee. For the application, an annual fee shall also be paid for each fee year beginning before the application has been finally decided on.
A fee year under to this Act comprises one year and is calculated from the date of filing pursuant to Article 8 c or Article 8 d. and thereafter from the corresponding date according to the calendar. (Act 2014:289)
Article 8 a. The description, the patent claims and the abstract contained in a patent application shall be drawn up in Swedish or in English, unless otherwise follows from a regulation.
The application shall indicate if the patent shall be granted in a Swedish or in an English version. (Act 2014:289)
Article 8 b. If an invention relates to a biological material which is neither available to the public nor can be described in the application documents so as to enable a person skilled in the art to carry out the invention with the guidance thereof, or if the invention implies the use of such material, the biological material shall be deposited no later than on the date of the filing of the application. The biological material shall thereafter be continuously kept deposited so that anyone who is entitled under this Act to receive samples of the material can have his sample delivered in Sweden. The Government prescribes where deposits may be made.
If a deposited biological material ceases to be viable or if samples from the material for another reason cannot be supplied, it may be replaced by a new deposit of the same biological material within the time and in the manner prescribed by the Government. If this has been done, the new deposit shall be considered to have been made on the date when the earlier deposit was made (Act 2014:289).
Article 8 c. The filing date for a patent application shall be the date when the following information has been filed:
If the requirements for determining a filing date pursuant to the first Paragraph have not been fulfilled and the Patent Authority has in its possession information that makes it possible to contact the applicant, the Patent Authority shall without delay invite the applicant to remedy the deficiencies within two months from the date of the invitation.
If the deficiencies have not been remedied within the prescribed time, no patent application shall be deemed to have been filed and the case be removed from the files. The same applies if it has not been possible to issue an invitation and the deficiencies have not been remedied within two months from the date when any of the information items according to the first Paragraph was filed. Information about the consequences that would result if the deficiencies are not been remedied shall be included in the invitation.
If the deficiencies have been remedied within the time prescribed in the third Paragraph, the filing date for the patent application shall be the date when all the deficiencies have been remedied, unless otherwise follows from Article 8 d. (Act 2014:289).
Article 8 d. If, in the course of the examination pursuant to Article 8 b, the Patent Authority finds that a part of the description or of a drawing to which reference is made in the description or in the patent claims, is missing, the applicant shall be invited to complete the documentation within two months from the date of the invitation. If a completion of such missing parts is provided within the time prescribed in the invitation, the filing date shall be the later date when the completion was provided, unless otherwise follows from the second and third Paragraphs. The same applies if an invitation has not been issued and a completion has been provided within two months from the date when any of the information items according to Article 8 b, first Paragraph, was filed.
If parts completing an application are withdrawn within one month from their filing pursuant to the first Paragraph, the original filing date for the application shall apply.
If the parts completing an application have been filed in accordance with the first Paragraph, the original filing date shall apply, if
1. priority from an earlier application is claimed and the completing parts are evident in their entirety from the earlier application, and
2. the applicant requests it and he or she files a copy of the earlier application within the time prescribed in the first Paragraph.
It is not necessary to file a copy referred to in the third Paragraph, item 2, if the earlier application was filed at the Patent Authority. (Act 2014:289).
Article 9. If the applicant so requests and pays a special fee, the Patent Authority shall, on the conditions determined by the Government, allow the application to become subject to such a novelty search by an International Searching Authority referred to in Article 15.5 of the Patent Cooperation Treaty done at Washington on June 19, 1970.
Article 10. Patents for two or more mutually independent inventions may not be applied for in one and the same application.
Article 11. If a patent is sought for an invention disclosed in a patent application filed earlier by the applicant and not finally decided upon, the later application shall, on conditions determined by the Government, be deemed to have been filed at the time when the documents disclosing the invention were filed at the Patent Authority, if the applicant so requests (Act 1977:700).
Article 12. The Patent Authority may invite an applicant who does not have his domicile in Sweden to appoint a representative who shall be entitled to receive communications served in the case and who has his domicile in this country, and to notify the Authority about the representative. If the applicant disregards the invitation, the serving of communications may be carried out through the transmission by mail to the applicant under his latest known mailing address. The serving shall be considered as carried out when this has been done. (Act 2000:1158).
Article 13. An application for a patent must not be amended in such a way that patent is claimed for something that did not appear from the application on the filing date. (Act 2007:516).
Article 14. (Repealed through Act 2007:516).
Article 15. If the applicant has not, in cases other than those referred to in Articles 8 c and 8 d, complied with the requirements regarding the application, or if the Patent Authority finds other obstacles to the approval of the application, the applicant shall be invited to submit, within a specified term, observations or make corrections. The Patent Authority may, however, without consulting the applicant, make such amendments as in the abstract as it considers necessary.
If the applicant fails, within the term prescribed, to submit observations or take measures to remedy any deficiency indicated, the application shall be removed from the files. Information about this shall be included in the invitation.
An application which has been removed from the files shall be reinstated, if the applicant, within four months from the expiry of the prescribed term, submits observations or takes measures to remedy any deficiency indicated and within the same term pays the prescribed reinstatement fee.
If the applicant does not pay the annual fee pursuant to Articles 8, 41 and 42, the application shall be removed from the files without any preceding invitation. An application which has been removed from the files for this reason must not be reinstated. (Act 2014:289)
Article 16. If, after the applicant has submitted his observations, there are still obstacles to the approval of the application, and the applicant has been given an opportunity to submit observations concerning the obstacle, the application shall be rejected, unless there are reasons for issuing a new invitation to the applicant.
Article 17. If somebody claims before the Patent Authority that the proper title to the invention belongs to him and not to the applicant, and if the case is considered doubtful, the Patent Authority may invite him to bring an action before a Court within a specified time at the risk of the claim being disregarded in the further examination of the patent application.
If a litigation relating to the proper title to the invention is pending before a Court, the patent application may be declared in abeyance until the litigation is finally settled by the Court.
Article 18. If someone proves before the Patent Authority that the proper title to the invention belongs to him and not to the applicant, the Patent Authority shall transfer the application to him, if he so claims. The transferee shall pay a new application fee.
If a claim for a transfer is made, the application may not be removed from the files, rejected or approved until the claim has been finally decided upon.
Article 19. If the application is complete and no obstacles to a patent exist, the Patent Authority shall notify the applicant that a patent can be granted.
The applicant shall pay a prescribed grant fee within two months from the date of the notification and, if the patent claims are drawn up in English, file a translation into Swedish of the patent claims. If this is not done, the application shall be removed from the files. The processing of an application which has been removed from the files shall be resumed if the applicant within four months from the expiry of the two months fulfils his obligations and, in addition, pays a prescribed resumption fee.
If a patent is sought by an inventor who has considerable difficulties in paying the grant fee, the Patent Authority may exempt him from this fee, if he files a written request to that effect within two months from the date of the notification. If the Patent Authority rejects the request by the inventor, a fee paid within two months thereafter shall be deemed to have been paid within the proper time limit. (Act 2014:289)
Article 20. If the applicant has fulfilled the requirements of Article 19 and there is still no obstacle to a patent, the Patent Authority shall approve the application. The decision shall be announced.
When the decision to approve the patent application has been announced, a patent is granted. A patent granted shall be recorded in the Patent Register kept by the Patent Authority. A Patent Certificate shall also be issued.
After the patent has been granted, the patent claims must not be amended so that the scope of the patent protection is extended. (Act 1993:1406).
Article 21. As from the date when the patent is granted, a patent specification shall be kept available at the Patent Authority. The patent specification shall contain the description, the patent claims and an abstract as well as information concerning the patent holder and the inventor.
If the patent claims are drawn up in English, a translation of those into Swedish shall be attached to the patent specification. It shall be evident from the attachment that the patent claims in English are the authentic ones. (Act 2014:289)
Article 22. The documents in the case shall be made publicly available to anyone from the date when the patent is granted.
After eighteen months from the date when the patent application was filed or, if priority is claimed, the date from which priority is claimed, the documents shall, if they have not already been made available pursuant to the first Paragraph, be made publicly available to anyone. If the application has been removed from the files or rejected, the application shall, however, be made publicly available only if the applicant requests the application to be resumed, or lodges an appeal or files a request pursuant to Article 72 or 73.
At the request of the applicant, the documents shall be made publicly available earlier than what follows from the first and second Paragraphs.
If the patent claims are drawn up in English and a translation of those into Swedish has been filed in the case, it shall, when the documents are being made available pursuant to the second or third Paragraph, be indicated on the translation that the patent claims in their English version are the authentic ones.
When the documents become publicly available pursuant to the second or third Paragraph, this shall be announced. If a translation referred to in the fourth Paragraph is filed after the announcement has been published, a specific announcement about the translation shall be published if the applicant pays a prescribed fee for this.
If a document contains a trade secret and if it does not concern an invention for which a patent is sought or has been granted, the Patent Authority may, upon request and if there are special reasons for this, decide that the document shall not be delivered to the public. If such a request has been filed, the document must not be delivered to the public until the request has been refused through a decision that has gained legal force.
If a biological material has been deposited pursuant to Article 8 b, anyone has, subject to the limitations prescribed in this and the following Paragraphs, the right to obtain a sample of the material after the documents have been made publicly available pursuant to the first, second or third Paragraph. This applies regardless of whether the patent has expired or been invalidated. A sample must not be delivered to anyone who, pursuant to provisions in law or other statute, is not entitled to handle the deposited material. Furthermore, a sample must not be delivered to anyone whose handling of the sample may be assumed to involve an evident risk in view of the harmful properties of the material.
Until a patent has been granted or the patent application has been finally decided upon without having resulted in a patent, samples from a deposit may be delivered only to a special expert, if the applicant so requests. If the patent application is rejected or is withdrawn, the corresponding applies for a period of 20 years from the date when the application was filed. The Government prescribes the time within which the request may be made and who may be called as an expert by a person wishing to obtain a sample.
Anyone who wishes to obtain a sample shall make a written request in this respect to the Patent Authority and file a commitment with the contents prescribed by the Government to prevent misuse of the sample. If a sample may be delivered only to a special expert, the commitment shall instead be filed by him or her. (Act 2014:289)
Article 23. If the Patent Authority dismisses or rejects an application which has been made available to anyone, this decision shall be announced when it has gained legal force. (Act 1993:1406).
Article 24. Anyone other than the patent holder is entitled to file an opposition against a patent that has been granted. Any opposition shall be filed in writing at the Patent Authority within nine months from the date when the patent was granted.
The Patent Authority shall notify the patent holder about the opposition and give him an opportunity to submit observations.
If the patent has been granted with description, patent claims and abstract drawn up in English, the Patent Authority may invite the patent holder to file a translation of the description and the abstract into Swedish. The invitation shall be issued indicating that the Patent Authority may otherwise have a translation made at the expense of the patent holder.
If the opposition is withdrawn, the opposition proceeding may nevertheless be completed if there are special reasons for this. (Act 2014:289)
Article 25. The Patent Authority shall, following an opposition, revoke the patent if it
1. was granted notwithstanding the fact that the requirements under Articles 1 and 2 are not fulfilled,
2. relates to an invention that is not so clearly described that a person skilled in the art is able to carry it out with the guidance of the description, or
3. includes something that was not evident from the application as filed.
The Patent Authority shall reject the opposition if there is no obstacle pursuant to the first Paragraph to maintaining the patent.
If the patent holder has, during the opposition proceedings, made such amendments that there are no obstacles pursuant to the first Paragraph to maintaining the patent in its amended form, the Patent Authority shall declare that the patent is maintained in its amended form. If the patent claims are drawn up in English, the patent may be maintained in its amended form only if the patent holder has filed a translation into Swedish of the patent claims in their amended version. The translation shall be attached to the decision and it shall be evident from the attachment that the patent claims in their English version are the authentic ones.
When the decision by the Patent Authority relating to an opposition has gained legal force, it shall be announced. If the decision involves that the patent is amended, a new patent specification shall be held available at the Patent Authority and a new Patent Certificate be issued. (Act 2014:289)
Article 26. A final decision by the Patent Authority concerning an application for a patent and a final decision pursuant to Article 8 c, third Paragraph, may be appealed by the applicant. A final decision relating to an opposition to a patent may be appealed by the patent holder and the opposing party.
A decision whereby a request for reinstatement according to Article 15, third Paragraph, or Article 19, second Paragraph, has been rejected or a request for a transfer according to Article 18, has been sustained may be appealed by the applicant. A decision by which a request for transfer according to Article 18 has been rejected, may be appealed by the party making the request.
A decision by which a request for an order under Article 22, sixth Paragraph, has been rejected may be appealed by the party making the request.
Article 27. (Repealed through Act 2016:192).
Chapter 3. International Patent Applications
Article 28. The notion “international patent application” refers to an application made pursuant to the Patent Cooperation Treaty done at Washington on June 19, 1970.
An international patent application is filed at a Patent Authority or an International Organisation which is, according to the Patent Cooperation Treaty and its Regulations, authorised to receive such applications (Receiving Authority). The Swedish Patent Authority shall be Receiving Authority in accordance with what the Government prescribes. The applicant shall pay the prescribed fee for an international patent application filed at the Swedish Patent Authority.
The provisions of Articles 29 to 38 apply to international patent applications designating Sweden. If, however, a European patent for Sweden is sought through the application, Chapter 11 shall apply (Act 2007:700).
Article 29. An international patent application for which the Receiving Authority has accorded an international filing date, shall in Sweden have the same effect as a Swedish patent application with the same filing date. The provisions of Article 2, second Paragraph, second sentence, shall, however, apply only if the application has been pursued in accordance with Article 31. (Act 2007:516).
Article 30. An international patent application shall be deemed to be withdrawn in relation to Sweden in the cases referred to in Article 24(1) (i) and (ii) of the Patent Cooperation Treaty.
Article 31. If the applicant wants to pursue an international patent application in Sweden, the applicant shall within 31 months from the international filing date, or, if priority is claimed, the date from which priority is claimed, file, at the Patent Authority, a translation into Swedish or English of the international patent application to the extent prescribed by the Government or, if the application is drawn up in Swedish or English, a copy of the application. The applicant shall within the same period, pay a fee to the Patent Authority.
If the applicant has paid the fee within the period prescribed in the first Paragraph, the translation or the copy required may be filed within an additional respite of two months, provided that an additional fee is paid within the latter respite.
If the applicant does not comply with the provisions in this Article, the application shall be deemed to be withdrawn as far as Sweden is concerned. (Act 2014:289)
Article 32. (Repealed through Act 2007:516).
Article 33. If an international patent application has been pursued according to Article 31, the provisions in Chapter 2 concerning the application and its processing shall apply unless otherwise provided in this Article or in Articles 34 to 37. The application may only upon a request by the applicant be taken up for consideration before the expiry of the respite that applies according to Article 31, first Paragraph.
An invitation under Article 12 may not be issued before the point in time when the Patent Authority has the right to commence the consideration of the application.
The provisions of Article 22, second and third Paragraphs, become applicable already before the application has been pursued as soon as the applicant has met his obligation under Article 31 to file a translation of the application or, if the application is drawn up in Swedish or English, as soon as the applicant has filed a copy of it at the Patent Authority.
In respect of an international patent application shall, for the purpose of application of Articles 48, 56 and 60, the provisions included there concerning the making available under Article 22 of the documents in the application case, refer instead to the making available of the documents under Article 22 with application of the third Paragraph.
If a patent application fulfils the requirements as to form and content prescribed in the Patent Cooperation Treaty and its Regulations, it shall be accepted in these respects. (Act 2014:289).
Article 34. In respect of an international patent application, a patent must not be granted or a decision on rejection be taken before the expiry of the time limit prescribed by the Government, unless the applicant agrees to an earlier decision concerning the application. (Act 1993:1406).
Article 35. In respect of an international patent application the Patent Authority must not, without the consent of the applicant, grant a patent or make the application publicly available before the International Bureau of the World Intellectual Property Organization has published the application or twenty months have passed from the international filing date or, if priority is claimed, the date from which priority is claimed. (Act 1993:1406).
Article 36. If a part of an international patent application has not been the subject of an international search or an international preliminary patentability examination because the application was found to encompass mutually independent inventions and the applicant did not pay, within the prescribed time limit, the additional fee pursuant to the Patent Cooperation Treaty, the Patent Authority shall consider if the finding was correct. If the Patent Authority concludes that the finding was correct, the part of the application which was not the subject of such a search or such an examination shall be considered withdrawn at the Patent Authority if the applicant does not pay the prescribed fee within two months from the point in time when the Patent Authority sent a notification to him about its decision. If the Patent Authority concludes that the finding was not correct, the Patent Authority shall proceed with the examination of the application in its entirety.
A decision pursuant to the first Paragraph, whereby the Patent Authority has concluded that the patent application encompasses mutually independent inventions, may be appealed by the applicant.
If the Court finds the decision by the Patent Authority to be correct, the respite for the payment of a fee referred to in the first Paragraph, second sentence, shall be computed from the point in time when the Patent Authority sent to the applicant a notification of the decision of the Court that has gained legal force. (Act 2016:192).
Article 37. If a part of an international patent application has not been the subject of an international preliminary patentability examination because the applicant has restricted the patent claims after having been invited by an Authority entrusted with such an examination to either restrict the claims or pay additional fees, the part of the application which has not been examined shall be deemed to be withdrawn at the Patent Authority unless the applicant pays the prescribed fee to the Authority within two months after the Authority sent him a notification about what thus applies.
Article 38. If the Receiving Authority has refused to accord an international filing date for an international patent application or has declared that the application shall be deemed to be withdrawn or that the request for the application to designate Sweden shall be deemed to be withdrawn, the Patent Authority shall, at the request of the applicant, consider whether this decision was correct. The same shall apply in respect of a decision by the International Bureau that the application shall be deemed to be withdrawn.
A request for review pursuant to the first Paragraph shall be filed at the International Bureau within the respite prescribed by the Government. Within the same time, the applicant shall file at the Patent Authority a translation of the application to the extent prescribed by the Government and pay the prescribed application fee.
If the Patent Authority concludes that the decision of the Receiving Authority or the International Bureau was not correct, the Patent Authority shall process the application pursuant to Chapter 2. If an international filing date has not been accorded by the Receiving Authority, the application shall be deemed to have been filed on the date which the Patent Authority deems should have been accorded as the international filing date. If the application fulfils the requirements as to form and content prescribed in the Patent Cooperation Treaty and its Regulations, it shall be accepted in these respects.
The provision in Article 2, second Paragraph, item 2, applies to an application which has been taken up for processing pursuant to the third Paragraph, if the application becomes publicly available pursuant to Article 22. (Act 1983:433).
Chapter 4. The Scope and Term of a Patent
Article 39. The scope of the patent protection is determined by the patent claims. For the understanding of the patent claims, guidance may be sought from the description.
Article 40. A patent granted may be kept in force until twenty years have passed from the date when the patent application was filed.
A prescribed annual fee shall be paid for a patent for each fee year commencing after the grant. If the patent has been granted before annual fees for the patent application have commenced to become due under Article 41, the patent holder shall, however, when the annual fee for the patent becomes due for the first time, pay also the annual fee for any fee year commencing before the grant.
Provisions concerning supplementary protection are included in Chapter 13. (Act 1996:889).
Chapter 4 a. Limitation of Patents, etc.
Article 40 a. (Ceases to apply on the date determined by the Government). A patent holder may file a request at the Patent Authority to the effect that
If the patent claims are drawn up in English, the patent holder shall, together with a request under the first Paragraph, item 1, file a translation into Swedish of the patent claims in the version to which the request refers.
A request pursuant to the first Paragraph shall be rejected if, at the time of the request, an opposition proceeding pursuant to Article 24 or pursuant to Article 99 of the Convention on the Granting of European Patents, done at Munich on October 5, 1973, (the European Patent Convention) or a case for invalidation pursuant to Article 52 relating to the patent are in progress. If the patent holder has requested, or requests, that the patent be limited or revoked pursuant to Article 105 a of the European Patent Convention, any request under the first Paragraph shall be declared in abeyance until the European Patent Office has issued a final decision in the matter.
A request pursuant to the first Paragraph must not be approved without the consent of the right-owners concerned where the patent is put under legal seizure, or sequestered or impounded, or a dispute on the transfer of the patent is pending in a Court.
The patent holder shall pay a special fee for a request pursuant to the first Paragraph. (Act 2014:289).
Article 40 a. (Enters into force on the date decided by the Government). A patent holder may file a request to the Patent Authority to the effect that
If the patent claims are drawn up in English, the patent holder shall, together with a request under the first Paragraph, item 1, file a translation into Swedish of the patent claims in the version to which the request refers.
A request pursuant to the first Paragraph shall be rejected if, at the time of the request, an opposition proceeding pursuant to Article 24 or pursuant to Article 99 of the Convention on the Granting of European Patents, done at Munich on October 5, 1973 (the European Patent Convention) or a case for invalidation pursuant to Article 52 relating to the patent are in progress. If the patent holder has requested, or requests, that the patent be limited or revoked pursuant to Article 105 of the European Patent Convention, any request pursuant to the first Paragraph shall be declared in abeyance until the European Patent Office has rendered a final decision in the matter.
A request pursuant to the first Paragraph must not be approved without the consent of the right-owners concerned as long at the patent is put under legal seizure, or impounded, or a dispute on the transfer of the patent is pending in a Court.
The patent holder shall pay a special fee for a request pursuant to the first Paragraph.
This Article does not apply in respect of European patents referred to in Article 80, third Paragraph. It applies, however, in respect of additional protection referred to in Article 105 even if the basic patent is a European patent with unitary effect. (Act 2014:434)
Article 40 b. If the patent holder has not complied with the provisions of Article 40 a or if a request for the limitation of a patent is not in conformity with the provisions of Article 52, first Paragraph, items 2 to 4, on invalidity, the patent holder shall be invited to submit a correction within a specified time.
If the patent holder does not reply or if the request cannot be approved even after the patent holder has submitted observations, the request shall be rejected, if
Article 40 c. If the Patent Authority finds that there are no obstacles to the approval of a request pursuant to Article 40 a, the patent shall be limited or revoked in conformity with the request. A translation referred to in Article 40 a, second Paragraph, shall be attached to the decision and it shall be evident from the attachment that the patent claims in their English version are the authentic ones. The Patent Authority shall announce the decision. If the patent has been limited, the Patent Authority shall issue a new Patent Certificate and make a new patent document available.
The decision by the Patent Authority shall have effect from the date of the filing of the patent application. (Act 2014:289).
Article 40 d. In cases relating to infringement of a patent or revocation of a patent, the patent holder has an obligation to inform the Court about the fact that a request for a limitation or a revocation of the patent has been filed. (Act 2007:516).
Chapter 5. Payment of Annual Fees
Article 41. The annual fee shall be due for payment on the last day of the calendar month during which the fee year begins. The annual fees for the first two fee years shall, however, be due only at the same time as the fee for the third fee year. Annual fees must not be paid earlier than six months before they become due for payment.
For a later application referred to in Article 11, the annual fees for fee years which commenced before the date on which the later application was filed or which begin within two months from the said date shall not in any case be due before two months have passed from the said date. For an international patent application, the annual fees for fee years commencing before the date when the application was pursued in accordance with Article 31 or was taken up for processing pursuant to Article 38, or which commence within two months from the said date, shall not in any case be due before two months have passed from the date when the application was pursued or was taken up for processing.
An annual fee may, together with the prescribed increase, be paid within six months after the date when it becomes due. (Act 1983:433)
Article 42. If the inventor is the applicant or the holder of the patent and if he has considerable difficulty in paying the annual fees, the Patent Authority may give him a respite for the payment if he makes a request to that effect not later than when the annual fees become due for the first time. Respites may be given for up to three years at a time but not more than until three years have passed from the grant of the patent. Any request for an extension of the respite shall be made before a respite already granted has expired.
If a request for respite or for an extension of the respite is refused, a fee that is paid within two months thereafter shall be considered to have been paid in time.
Annual fees, for the payment of which a respite has been granted under the first Paragraph, may be paid together with the same increase as referred to in Article 41, third Paragraph, within six months after the point in time until which a respite has been obtained. (Act 1983:433).
Chapter 6. Licenses, Assignments, etc.
Article 43. If the patent holder has granted another party the right to exploit an invention commercially (license), the licensee may assign his right to others only if an agreement to that effect has been concluded.
Article 44. (Ceases to apply on the date determined by the Government). If a patent has been transferred to another party or a license has been granted, this fact shall, upon request, be recorded in the Register of Patents.
If it has been proved that a license recorded in the Register has ceased to be valid, the recording of the license shall be cancelled.
The provisions of the first and second Paragraphs apply, mutatis mutandis, in respect of compulsory licenses and rights referred to in Article 53, second Paragraph.
In cases or matters concerning a patent, the party which has last been recorded in the Register of Patents in such capacity shall be deemed to be the patent holder.
Article 44. (Enters into force on the date determined by the Government). If a patent had been transferred to another party or a license has been granted, this fact shall, upon request, be recorded in the Register of Patents.
If it has been proved that a license recorded in the Register has ceased to be valid, the recording of the license shall, upon request, be cancelled.
The first and second Paragraphs apply also to any right referred to in Article 53, second Paragraph, and to any compulsory license, however not to a compulsory license to exploit an invention protected by a European patent referred to in Article 80, third Paragraph.
In cases or matters concerning a patent, the party that has last been recorded as patent holder in the Register of Patents be deemed to be the patent holder. (Act 2016:726).
Article 45. A compulsory license to exploit an invention in Sweden may be granted if
For the purposes of application of the first Paragraph, item 2, the import of the invention to Sweden from a State within the European Economic Area or a State or a Territory party to the Agreement on the Establishment of the World Trade Organization (WTO) shall be put on an equal footing with exploitation of an invention. (Act 2004:159)
Article 46. A holder of a patent for an invention the exploitation of which is depending on a patent belonging to someone else may be granted a compulsory license to exploit the invention protected by the other patent. Such a license may be granted only if the applicant proves that the first-mentioned invention constitutes an important technical progress of considerable economic interest compared with the other invention.
If a compulsory license is granted pursuant to the first Paragraph, the holder of the patent in which a compulsory license has been granted is entitled to obtain, on reasonable conditions, a compulsory license (cross-license) to exploit the other invention. (Act 2004:159).
Article 46 a. A plant breeder who cannot obtain or exploit a plant variety right or a Community plant variety right without infringing a patent granted earlier, may obtain a compulsory license to exploit the invention protected by the patent, if such a license is necessary for the plant variety to be exploited. Such a license may be granted only if the applicant proves that the plant variety constitutes an important technical progress of considerable economic interest compared with the invention.
Of a patent holder obtains a compulsory license in a plant variety right or a Community plant variety right, the holder of the plant variety right is entitled to obtain, on reasonable conditions, a compulsory license (cross-license) to exploit the invention of the patent holder.
Provisions on the possibility for the holder of a patent on a biotechnical invention to obtain, under certain conditions, a compulsory license to exploit a protected plant variety are contained in Chapter 7, Article 3 a, of the Act on the Protection of Plant Variety Rights (1997:306) and, in so far as concerns a Community plant variety right, in Article 29 of the Council Regulation (EEC) No 2100/94 of 27 July 1994 on the Community Plant Variety Right. (Act 2007:516).
Article 47. If a public interest of exceptional importance so requires, anyone who desires to commercially exploit an invention for which another party holds a patent may obtain a compulsory license to do so.
Article 48. Any party which in this country was commercially exploiting an invention which is the subject of a patent application at the time when the application documents were made available pursuant to Article 22, may, if the application results in a patent, obtain a compulsory license for the exploitation, if exceptionally strong reasons exist and it had no knowledge of the application and had not reasonably been able to obtain such knowledge. Under corresponding conditions such a right shall also be granted to anyone who has made substantial preparations for commercial exploitation of the invention in this country. A compulsory license may also apply for a time before the patent was granted.
Article 49. A compulsory license may only be granted to a party that can be assumed to exploit the invention in an acceptable manner and in conformity with the license. The applicant must also prove that he or she has unsuccessfully turned to the patent holder for obtaining a contractual license on reasonable conditions.
A compulsory license does not prevent the patent holder from exploiting the invention himself or to grant licenses. A compulsory license may be assigned to someone else only together with a business where it is exploited or was intended to be exploited. In respect of compulsory licenses referred to in Article 46, first Paragraph, and Article 46 a, first Paragraph, it also applies that the license may be assigned only together with the patent or the plant variety right on which the license is based. (Act 2004:159).
Article 50. A compulsory license is granted by the Court, which also decides to what extent the invention may be exploited and establishes the remuneration and other terms for the license. When substantially changed circumstances call for it, the Court may, upon demand, revoke the license or establish new conditions for it.
Chapter 7. Lapse of a Patent, etc.
Article 51. If the annual fee for a patent is not paid pursuant to the provisions of Articles 40, 41 and 42, the patent shall become invalid as of the beginning of the fee year for which the fee has not been paid. (Act 1983:433).
Article 52. Pursuant to a claim, the Court shall invalidate a patent if
1. it has been granted notwithstanding the fact that the requirements under Articles 1 and 2 are not fulfilled,
2. it relates to an invention which is not described in a way sufficiently clear for a person skilled in the art to carry out the invention with the guidance thereof,
3. it contains something that did not appear in the application on the filing date, or
4. the scope of the patent protection has been expanded after the grant of the patent.
If only a certain part of a patent is invalid, the scope of the patent protection shall be limited correspondingly, through an amendment of the patent claims, if
2. this is in conformity with the first Paragraph, items 2 to 4, and
3. the patent holder has, if the patent claims are drawn up in English, filed a translation into Swedish of the patent claims in their amended version.
A translation referred to in the second Paragraph, item 3, shall be attached to the judgment and it shall be evident from the attachment that the patent claims in their English version are the authentic ones.
A patent must not be invalidated on the ground that the party which has been granted the patent is entitled only to a certain part of it.
Except in cases provided for in the sixth Paragraph, an action may be brought by anyone who suffers damage from the patent and, if this is called for in the public interest, by a Public Authority designated by the Government.
An action based on the allegation that the patent has been granted to a party other than the one entitled to the patent under Article 1 may only be brought by the party claiming to be entitled to it. The suit shall be brought within one year after the party claiming to be entitled to such a right obtained knowledge about the grant of the patent and about other facts on which the action is based. If the patent holder was in good faith when the patent was granted or when it was transferred to him, the action may, however, be brought no later than three years from the grant of the patent. (Act 2014:289).
Article 53. If a patent has been granted for a party other than the one entitled to the patent according to Article 1, the Court shall, upon a claim by the party entitled to the patent, transfer it to him or her. The provisions of Article 52, sixth Paragraph, shall apply in respect of the time within which an action shall be brought.
If the party deprived of the patent has, in good faith, commenced the exploitation of the invention commercially in Sweden or made substantial preparations for it, he or she is entitled to continue, against a reasonable remuneration and on other reasonable terms, the exploitation commenced or implement the exploitation as planned, while retaining its general character. Such a right has, under corresponding conditions, also anyone who holds a license which is recorded in the Register of Patents.
A right referred to in the second Paragraph may be transferred to someone else only together with the business in which the right has been exploited or was intended to be exploited. (Act 2014:289).
Article 54. (Ceases to apply on the date decided by the Government). If the patent holder renounces the patent in writing to the Patent Authority, the Authority shall declare that the patent has been terminated in its entirety.
If the patent is seized for debt, sequestered or impounded, or if a litigation is pending at a Court concerning the transfer of the patent, the patent must not be declared terminated as long as the seizure, the sequestration or the impounding is still valid, or the dispute has not been finally decided. (Act 2007:516).
Article 54. (Enters into force on the date decided by the Government). If the patent holder renounces the patent in writing to the Patent Authority, the Authority shall declare that the patent has been terminated in its entirety.
If the patent is seized for debt, sequestered or impounded, or if a litigation is pending at a Court concerning the transfer of the patent, the patent must not be declared terminated as long as the seizure, the sequestration or the impounding is still valid, or the dispute has not been finally decided.
The Article does not apply to European patents referred to in Article 80, third Paragraph. It does however apply to supplementary protection referred to in Article 105, even if the basic patent is a European patent with uniform effect. (Act 2014:434).
Article 55. If a patent has become invalid or has been declared terminated or has, through a judgment that has gained legal force, been declared invalid, amended or transferred, the Patent Authority shall publish an announcement about this fact.
If the patent has been amended through a judgment that has gained legal force, a new patent document shall be made available at the Patent Authority and a new Patent Certificate be issued. (Act 2014:289).
Chapter 8. Obligation to Provide Information
Article 56. If a patent applicant invokes the application against another party before the documents in the case have been made available to the public pursuant to Article 22, the applicant is obliged to consent, upon request, to give the other party access to the documents. If the patent application includes a deposit of biological material referred to in Article 8 b, the consent shall also include the right to obtain a sample of the material. The provisions of Article 22, seventh Paragraph, third and fourth sentences, and eighth and ninth Paragraphs apply when a party wants to obtain a sample pursuant to of such a consent.
Anyone who indicates, either by turning himself directly to another party, or in an advertisement, or by inscription on a product or its packaging, or in any other way, that a patent has been applied for, or granted, without at the same time informing about the number of the application or of the patent, shall, upon request, provide the said information without delay. If it has not been expressly stated that a patent has been applied for, or granted, but the circumstances create the impression that such is the case, then, upon request, information shall be given without delay on whether a patent has been applied for or granted. (Act 2014:289).
Chapter 9. Liability and Obligation to Pay Compensation, etc.
Article 57. If someone infringes the exclusive right conferred by a patent (patent infringement) and if the act is committed wilfully or by gross negligence, he or she shall be sentenced to fines or imprisonment for not more than two years. Someone who has violated an injunction issued under penalty of a fine pursuant to Article 57 b, must not be held liable under criminal law for the infringement covered by the injunction.
Attempts to commit criminal violations referred to in the first Paragraph, and preparations for such acts, are punishable pursuant to Chapter 23 of the Criminal Code.
The Public Prosecutor may initiate a prosecution for criminal violations referred to in the first or second Paragraph only if the injured party files a complaint and a prosecution is called for in the public interest. (Act 2005:289).
Article 57 a. Property in relation to which a criminal violation exists pursuant to Article 57 shall be declared forfeited if this is not obviously unreasonable. Instead of the property itself its value may be declared forfeited. Also profits arising from such a violation shall be declared forfeited if this is not obviously unreasonable. The same applies to what someone received as a compensation for costs related to such a violation, or the value of what has been received, if the act of receiving constitutes a criminal violation pursuant to Article 57.
Property that has been used as an implement in a criminal violation under Article 57 may be declared forfeited, where this needed to prevent criminal violations or there are otherwise special reasons. The same applies to property intended to be used as an implement in a criminal violation under Article 57, if the violation has been completed or the act constituted a punishable attempt or a punishable preparation. Instead of the property itself, its value may be declared forfeited. (Act 2005:289).
Article 57 b. Upon a claim by the patent holder or by a party that, pursuant to a license, has the right to exploit the invention, the Court may issue an injunction prohibiting, under penalty of a fine, a party that commits, or contributes to, a patent infringement to continue that act.
If the plaintiff shows a probable cause that an act constituting an infringement, or a contribution thereto, takes place, and if it can reasonably be expected that the defendant, through the continuation of the act, or the contribution thereto, diminishes the value of the exclusive right in the patent, the Court may issue an injunction, under penalty of a fine, for the time until the case has been finally adjudicated or otherwise is decided. No injunction may be issued before the defendant has been given an opportunity to respond, unless a delay would entail a risk for damage.
The provisions in the first and second Paragraphs apply also to acts constituting attempts, and to preparatory acts.
An injunction mentioned in the second Paragraph may be issued only if the plaintiff deposits a security at the Court for the damage that may be caused to the defendant. If the plaintiff is not capable of depositing such a security, the Court may liberate him or her from it. In respect of the type of security, the provisions of Chapter 2, Article 25, of the Enforcement Code apply. The security shall be examined by the Court unless the defendant has accepted it.
When the case is adjudicated, the Court shall consider whether a prohibition issued pursuant to the second Paragraph shall continue to apply.
In respect of appeals against decisions under the second or fourth Paragraph and in respect of the proceedings in higher Courts, the provisions on appeal against decisions in Chapter 15 of the Code of Judicial Procedure apply.
An action for the imposition of a fine may be brought by the party that applied for the prohibition. (Act 2016:192).
Article 57 c. If the applicant shows a probable cause that someone has committed a patent infringement, the Court may order, under penalty of a fine, one or several of the parties referred to in the second Paragraph to provide information to the applicant about the origin and distribution networks for the goods or services which the infringement concerns (order to provide information). Such an order may be issued upon a claim by the holder of the patent or by a party that, pursuant to license, has the right to exploit the invention. Such an order may be issued only if it can be assumed that the information would facilitate the inquiry into an infringement relating to the goods or services.
The obligation to provide information relates to any party that
1. has committed, or contributed to, the infringement,
2. has on a commercial scale been exploiting goods that the infringement concerns,
3. has on a commercial scale been exploiting a service that the infringement concerns,
4. has on a commercial scale made available an electronic communication service or another service that has been used or the infringement, or
5. has been indicated by a party referred to in items 2 to 4 as being involved in the production or distribution of the goods or the making available of the service that the infringement concerns.
The information on the origin or distribution network of goods or services may include, in particular,
1. the names and addresses of producers, distributors, suppliers and others who have previously held the goods or made available the services,
2. the names and addresses of intended wholesalers and retailers, and
3. information about how much has been produced, delivered, received or ordered and the price that has been fixed for the goods or services.
The provisions in the first to third Paragraphs apply also to acts constituting attempts, and to preparatory acts. (Act 2009:111).
Article 57 d. An order to provide information may be issued only if the reasons speaking in favour of the measure outweigh the inconvenience or other harm that the measure would cause to the party affected by it or to any other opposite interest.
The obligation to provide information pursuant to Article 57 c does not include information the revelation of which would disclose that the provider of the information or any person closely related to him or her as referred to in Chapter 36, Article 3, of the Code of Judicial Procedure has committed a criminal offence.
The Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 EC (General Data Protection Regulation) contains provisions limiting the use that may be made of personal data. (Act 2018:273).
Article 57 e. (Ceases to apply on the date determined by the Government). If the claim for an order to provide information is directed against someone who is the applicant´s opposite party in an infringement case, the provisions on court procedures for that case shall apply. Decisions on orders to provide information may be appealed separately.
If the claim for an order to provide information is directed against a party other than the one referred to in the first Paragraph, the provisions in the Act (1996:242) on Court Matters apply. The Court may decide that each party shall bear its own litigation costs.
An action for the imposition of a fine may be brought by the party that has applied for the order. (Act 2016:192).
Article 57 e. (Enters into force on the date decided by the Government. If the claim for an order to provide information is directed against someone who is the applicant´s opposite party in an infringement case, the provisions on court procedures for that case shall apply. A decision on an order to provide information may be appealed separately.
If the claim for an order to provide information is directed against a party other than the one referred to in the first Paragraph, the provisions in the Act (1996:242) on Court Matters shall apply. The Court may decide that each party shall bear its own litigation costs.
An action for the imposition of a fine may be brought by the party that has applied for the order. (Act 2016:229).
Article 57 f. Anyone who, pursuant to Article 57 c, second Paragraph, items 2 to 5, has been ordered to provide information pursuant to the first Paragraph of the same Article, is entitled to a reasonable compensation for costs and inconvenience. The compensation shall be paid by the party that has applied for the order to provide information.
Anyone who makes available an electronic communication service and who has, pursuant to an order to provide information, delivered information referred to in Chapter 6, Article 20, of the Act (2003:389) on Electronic Communications, shall send a written notice on this to the party whom the information concerns not earlier than one month and not later than three months from the delivery of the information. Costs for the notice shall be compensated for in accordance with the first Paragraph. (Act 2009:111)
Article 57 g. In addition to what is provided in Chapter 8, Articles 8 and 9, of the Act (2018;218) with Additional Provisions to the EU General Data Protection Regulation, personal data on violations of the law constituting criminal offences pursuant to Article 57 may be processed if this is necessary for a legal claim to be established, asserted or defended. (Act 2018:273).
Article 57 h. Upon a claim by the plaintiff, the Court may, in infringement cases, order the party that has committed, or contributed to, the infringement to defray appropriate measures to disseminate information about the judgment in the case.
The provisions in the first Paragraph apply also to acts constituting attempts, and preparatory acts, relating to infringements. (Act 2009:111).
Article 58. Anyone who wilfully or by negligence commits a patent infringement shall pay a reasonable compensation for the exploitation of the invention and compensation for the further damage caused by the infringement. When the amount of the compensation is established, special consideration shall be given to
1. lost profits,
2. profits made by the party committing the infringement,
3. damage caused to the reputation of the invention,
4. moral damage, and
5. the interest of the patent holder in that infringements are not committed.
Anyone who without intent or negligence commits a patent infringement shall pay a compensation for the exploitation of the invention if and to the extent reasonable.
A claim for compensation for a patent infringement may concern only damage caused during the last five years before the claim was brought. If no claim is brought within that time, the right to compensation is lost. (Act 2009:111).
Article 59. Upon a claim by a party suffering a patent infringement, the Court may, in so far as is reasonable, decide that a patent-protected product which has been manufactured without the consent of the patent holder shall be recalled from the channels of commerce, changed, taken into custody for the remainder of the patent term or be destroyed or that some other measure shall be taken in respect of it. The same applies to implements that have been, or have been intended to be, used for the infringement.
Property referred to in the first Paragraph may be seized, if it may reasonably be assumed that a criminal violation pursuant to Article 57 has been committed. In respect of such seizure, the provisions on seizure in criminal cases in general apply.
Notwithstanding the provisions in the first Paragraph, the Court may, if there are exceptional reasons, pursuant to a claim, decide that a proprietor of property referred to in the first Paragraph may have disposal of the property for the remainder of the patent term, or part of it, against a reasonable compensation and on other reasonable conditions. Such a decision may be issued only if the proprietor acted in good faith.
The provisions of the first to third Paragraphs apply also to acts constituting attempts, and to preparatory acts.
A decision on a measure pursuant to the first Paragraph must not imply that the party suffering a patent infringement shall pay a compensation to the party against which the measure is directed.
Measures pursuant to the first Paragraph shall be defrayed by the defendant if there are no specific reasons against it.
No decision referred to in this Article shall be issued, if forfeiture or a measure for the prevention of wrongful acts shall be decided pursuant to Article 57 a or the Criminal Code. (Act 2009:111).
Article 59 a. If it can reasonably be assumed that someone has committed, or contributed to, an infringement, the Court may, in order to preserve evidence relating to the infringement, order that an investigation be undertaken in respect of that party to search for objects or documents that may be assumed to be of importance for the inquiry into the infringement (infringement investigation).
An order for an infringement investigation may be issued only where the reasons speaking in favour of the measure outweigh the inconvenience or other harm that the measure would cause to the party against which it is directed or to any other opposite interest.
The provisions in the first and second Paragraphs apply also to acts constituting attempts, and to preparatory acts. (Act 2009:111).
Article 59 b. (Ceases to apply on the date determined by the Government). A matter relating to an infringement investigation may be taken up for consideration only upon a claim by the patent holder or anyone who, pursuant to a license, has a right to exploit the invention. If legal proceedings have not yet commenced, the claim shall be submitted in writing.
The opposite party shall be given an opportunity to respond before an order for an investigation is issued. If a delay would entail a risk that objects or documents of importance for the inquiry into the infringement would be removed, destroyed or distorted, the Court may, however, immediately issue an order to be valid until otherwise decided.
In other respects, any matter relating to an infringement investigation which arises before legal proceedings have been commenced shall be processed in the same way as if the matter had arisen during legal proceedings. (Act 2016:192).
Article 59 b. (Enters into force on the date decided by the Government). A matter relating to an infringement investigation may be taken up for consideration only upon a claim by the patent holder or anyone who, pursuant to a license, has a right to exploit the invention. If legal proceedings have not yet commenced, the claim shall be submitted in writing.
The opposite party shall be given an opportunity to respond before an order for an investigation is issued. If a delay would entail a risk that objects of importance for the inquiry into the infringement would be removed, destroyed or distorted, the Court may, however, immediately issue an order to be valid until otherwise decided.
In other respects, any matter relating to an infringement investigation shall be processed in the same way as if the matter had arisen in the context of legal proceedings. (Act 2016:229).
Article 59 c. An order for an infringement investigation may be issued only if the applicant deposits a security at the Court for the damage that may be caused to the opposite party. If the applicant is not capable of depositing a security, the Court may liberate him from it. In respect of the type of the security, the provisions of Chapter 2, Article 25, of the Enforcement Code shall apply. The security shall be examined by the Court, unless the opposite party has accepted it.
In respect of appeals against the decision by the Court relating to an infringement investigation and as regards the proceedings in higher Courts the provisions on appeal against decisions prescribed in Chapter 15 of the Code of Judicial Procedure apply. (Act 1998: 1456).
Article 59 d. An order for an infringement investigation shall contain information about
1. the purpose of the investigation,
2. the objects and documents that may be searched for, and
3. the premises that may be searched.
If necessary, the Court shall set also other conditions for the execution of the order. (Act 1998:1456).
Article 59 e. An order for an infringement investigation is immediately enforceable. If an application for its execution has not been filed within one month from the order, it becomes invalid.
If the applicant does not, within one month from the conclusion of the execution, file an action or commence in some other manner a proceeding relating to the matter, any measure undertaken in the context of the execution of the infringement investigation shall be invalidated to the extent possible. The same applies if an order for an infringement investigation is invalidated after the execution has been concluded. (Act 1998:1456).
Article 59 f. An order for an infringement investigation is executed by the Enforcement Authority in accordance with the conditions prescribed by the Court and in applying Chapters 1 to 3, Chapter 17, Articles 1 to 5, and Chapter 18, of the Enforcement Code. The applicant´s opposite party shall be informed about the execution only if the order for an infringement investigation has been issued after hearing the opposite party. The Authority has the right to take photographs and to make video and sound recordings of such objects for which it is authorised to search. The Authority also has the right to make copies of, and extracts from, such documents for which it is authorised to search.
An infringement investigation must not concern written documents referred in Chapter 27, Article 2, of the Code of Judicial Procedure. (Act 2006:682).
Article 59 g. The opposite party has the right to summon an attorney when an order for infringement investigation is to be executed. The execution must not commence before the attorney has arrived. This does not, however, apply if
1. the investigation is thereby unnecessarily delayed, or
2. there is otherwise a risk that the purpose of the measure will not be achieved.
At the execution, the Enforcement Authority is authorised to engage, as necessary, the services of an expert.
The Authority may permit the applicant or a representative of the applicant to attend the investigation for providing information. If such a permission is granted, the Authority shall see to it that the applicant or the representative is not being informed about the findings at the investigation more than can be justified by the execution. (Act 2006:682).
Article 59 h. Photographs and video and sound recordings of objects as well as copies of, and extracts from, documents shall be listed and shall be held available for the applicant and the opposite party. (Act 1998:1456).
Article 60. If someone, after the documents in the application case have been made available pursuant to Article 22, commercially exploits an invention for which a patent is sought, the provisions on patent infringement shall apply to the extent that the application results in a patent. For the period before the patent was granted pursuant to Article 20, the patent protection extends, however, only to what is apparent both from the patent claims as worded when the application became available to the public and from the patent claims according to the patent. No punishment may be imposed, no forfeiture may take place, and compensation for damages resulting from exploitation taking place before the patent was granted may be adjudicated only pursuant to Article 58, second Paragraph.
If the patent claims are drawn up in English, the provisions of the first Paragraph apply only if a translation of the patent claims into Swedish is available in the application case and, if the translation has been filed after an announcement under Article 22, fifth Paragraph, first sentence, has been made, the Patent Authority has issued a specific announcement concerning the translation.
The provisions of Article 58, third Paragraph, shall not apply if the action for compensation was brought at the latest one year after the term for opposition expired or, if an opposition has been filed, at the latest one year after the Patent Authority decided that the patent is to be maintained. (Act 2014:289).
Article 61. (Ceases to apply on the date determined by the Government). If a patent has been revoked or declared invalid by a decision or a judgment that has gained legal force, the Court may not adjudicate a punishment, decide on a seizure, issue a prohibition under penalty of a fine, adjudicate a fine or a compensation or decide on any other measure pursuant to Articles 57 to 60.
If a patent infringement action is brought and the party against which the action is directed asserts that the patent is invalid, the question of invalidity may be considered only after an action to this effect has been initiated. The Court shall order the party asserting that the patent is invalid to bring such action within a specified time.
If a patent infringement action and a patent invalidity action are brought in the same court proceeding and if it would be suitable for the inquiry that the issue of patent infringement be dealt with separately, a separate judgment may, at the request of one of the parties, passed on this issue. If a separate judgment is passed, the Court may decide that the case relating to the invalidity shall be held in abeyance until the judgment has gained legal force. (Act 2009:111).
Article 61. (Enters into force on the date determined by the Government). If a patent has been revoked or declared invalid by a decision or a judgment that has gained legal force, the Court may not adjudicate a punishment, decide on a seizure, issue a prohibition under penalty of a fine, adjudicate a fine or a compensation, or decide on any other measure pursuant to Articles 57 to 60.
If a patent infringement action is brought and the party against which the action is directed asserts that the patent is invalid, the question of invalidity may be considered only after an action to this effect has been initiated. The Court shall order the party asserting that the patent is invalid to bring such action within a specified time. This Paragraph does not apply in criminal cases.
If a patent infringement claim and a patent invalidity action are brought in the same court proceeding and if it would be suitable for to the inquiry that the issue of patent infringement be dealt with separately, a separate judgment may, at the request of one of the parties, be passed on this issue. If a separate judgment is passed, the Court may decide that the case relating to the invalidity shall be held in abeyance until the judgement has gained legal force. (Act 2016:726).
Article 62. Anyone who wilfully or by negligence which is not of a minor nature omits to carry out what is required by him under Article 56, shall be sentenced by fines.
Such a penalty shall also be imposed on a party that, in cases referred to in the same Article, wilfully or by negligence which is not of a minor nature provides erroneous information, unless punishment for such acts is provided for in the Penal Code.
Anyone who wilfully or with negligence omits to carry out his obligations under Article 56 or, in cases referred to there, provides erroneous information shall pay a compensation for the damage caused. If the negligence is of a minor nature, the compensation may be adjusted accordingly.
Prosecution actions for offenses referred to in the first and second Paragraphs may be brought by the Public Prosecutor only if the injured party has filed a complaint and a prosecution is called for in the public interest. (Act 1991:296).
Article 63. A patent holder or a party that is, pursuant to a license, authorised to exploit the invention, may bring a claim for a declaratory judgement to establish whether he enjoys protection against another party on the basis of the patent, if there is uncertainty in this respect and this is prejudicial to him.
A party that carries out, or intends to carry out, an activity may, on the same conditions, bring an action against the patent holder to establish whether a specific patent constitutes an obstacle to the said activity.
If it is alleged in the cases mentioned in the first Paragraph that the patent is invalid, the provisions of Article 61, second Paragraph, shall apply, mutatis mutandis.
Article 64. (Ceases to apply on the date determined by the Government). Anyone who intends to bring an action relating to invalidation of a patent, transfer of a patent or grant of a compulsory license shall report this to the Patent Authority and notify anyone who, according to the Register of Patents, holds a license or a pledge in the patent. If a licensee intends to bring an action relating to a patent infringement or to a declaratory judgment under Article 63, first Paragraph, he shall notify the patent holder about this fact. The same applies if a holder of a pledge intends to bring an action relating to a patent infringement.
The obligation to provide information provided for in the first Paragraph shall be deemed to have been fulfilled when the information has been sent in a prepaid registered letter to the address recorded in the Register of Patents.
If it is not shown, when the action is brought, that a report or a notification has been made pursuant to the provisions in the first Paragraph, the plaintiff shall be given a respite to do so. If he does not avail himself of this respite, his action shall not be taken up for consideration. (Act 1987:1330).
Article 64. (Enters into force on the date determined by the Government). Anyone who intends to bring an action relating to invalidation of a patent, transfer of a patent or grant of a compulsory license shall report this to the Patent Authority and notify anyone who, according to the Register of Patents, holds a license or a pledge in the patent. If a licensee intends to bring an action relating to a patent infringement or to a declaratory judgment under Article 63, first Paragraph, he shall notify the patent holder about this fact. The same applies if the holder of a pledge intends to bring an action relating to a patent infringement.
The obligation to provide information provided for in the first Paragraph shall be deemed to have been fulfilled when the information has been sent in a prepaid registered letter to the address recorded in the Register of Patents.
If it is not shown, then the claim is brought, that a report or a notification has been sent pursuant to the provisions in the first Paragraph, the plaintiff shall be given a respite to do so. If he does not avail himself of this respite, his claim shall not be taken up for consideration.
This Article does not apply to a party that intends to file an action at the Court referred to in Article 93 a or a claim at a Swedish Court concerning a European patent referred to in Article 80, third Paragraph. (Act 2014:434).
Article 65. (Ceases to apply on the date determined by the Government). The Patent and Market Court has exclusive jurisdiction in cases and court matters referred to in this Act. The same applies to cases relating to a better title to an invention for which a patent is sought.
The provisions in the Code of Judicial Procedure about limitation of the competence of a Court in litigations which shall be processed otherwise than before a Court do not apply to claims for orders to provide information or infringement investigation. (Act 2016:192).
Article 65 (Enters into force on the date determined by the Government). The Patent and Market Court has exclusive jurisdiction in cases and court matters referred to in this Act unless otherwise follows from Article 65 a. The same applies in cases relating to a better title to an invention for which a patent is sought.
The provisions in the Code of Judicial Procedure about limitation of the competence of a Court in litigations which shall be processed otherwise than before a Court do not apply to claims for orders to provide information or infringement investigation. (Act 2016:434).
Article 65 a. (Enters into force on the date determined by the Government). If the Court referred to in Article 93 a has exclusive competence pursuant to the Agreement referred to in that Article, the action must not be taken up for consideration in a Swedish Court. (Act 2014:434).
Article 66. Final decisions by the Patent Authority and decisions pursuant to Articles 26, second and third Paragraphs, 36. 42, 72 or 73 may be appealed to the Patent and Market Court within two months from the date of the decision.
The provisions in Article 22, sixth Paragraph, apply to documents filed at the Patent and Market Court, the Patent and Market Appellate Court or the Supreme Court.
In addition to what follows from Chapter 5, Article 1, of the Code of Judicial Procedure sessions in court matters under this Act shall be held behind closed doors if the patent application under consideration in the court matter is not publicly available pursuant to Article 22.
An appeal to the Patent and Market Appellate Court or the Supreme Court must not concern other patent claims than those which have been examined in the appealed decision. (Act 2016:192).
Article 67. (Repealed through Act 2016:192).
Article 68. (Repealed through Act 2016:192).
Article 68 a. In a civil litigation pursuant to Article 65, the Court may, if a translation into Swedish of the patent document in its entirety is not available at the Patent Authority, invite the patent holder or any other party bringing an action pursuant to a right derived from the patent holder to file a translation in Swedish of the patent document. If the party thus invited is the plaintiff in the case, the invitation shall be issued indicating that the action may otherwise be dismissed. If the invited party is the defendant in the case, the invitation shall instead be issued indicating that the Court will otherwise prepare a translation of the patent document at the expense of the party. (Act 2014:289)
Article 69. (Repealed through Act 2016:192).
Article 70. A copy of the judgment or final decision in cases referred to in Article 65 shall be transmitted to the Patent Authority.
Article 70 a. (Enters into force on the date determined by the Government). Decisions delivered by the Court referred to in Article 93 a are enforceable in this country in the same way as a corresponding Swedish decision. (Act 2014:434).
Chapter 10. Special Provisions.
Article 71. (Ceases to apply on the date determined by the Government). A patent holder who does not have his domicile in this country shall have a representative with residence here who is empowered to receive for him service of writs of summons, invitations and other documents in legal cases and matters concerning the patent, with the exception of writs of summons in criminal cases and orders for the party to appear personally before a Court. The representative shall be notified to the Register of Patents and recorded there.
If the patent holder has not notified a representative as referred to in the first Paragraph, the service may instead be carried out by sending the document to be served in a prepaid letter to his address as recorded in the Register of Patents. If there is no complete address recorded in the Register, the service may be carried out by making the document available at the Patent Authority and by announcing the said service and the essential contents of the document in a publication determined by the Government. The service shall be deemed to have been performed when the actions mentioned above have been carried out.
The Government may, on condition of reciprocity, prescribe that the provisions in the first and second Paragraphs shall not apply in relation to a patent holder who is domiciled in a specified foreign State or who has a representative in that foreign State who is notified to the Register of Patents in this country and who is empowered in the manner prescribed in the first Paragraph. (Act 1977:700).
Article 71. (Enters into force on the date determined by the Government). A patent holder who does not have his domicile in this country shall have a representative with residence here who is empowered to receive for him service of writs of summons, invitations and other documents in legal cases and matters concerning the patent, with the exception of writs of summons in criminal cases and orders for the party to appear personally before the Court. The representative shall be notified to the Register of Patents and recorded there.
If the patent holder has not notified a representative as referred to in the first Paragraph, the service may instead be carried out by sending the document to be served in a prepaid letter to his address as recorded in the Register of Patents. If there is no complete address recorded in the Register, the service may be carried out by making the document available at the Patent Authority and by announcing the said service and the essential contents of the document in a publication prescribed by the Government. The service shall be deemed to have been performed when the actions mentioned above have been carried out.
The Government may, on condition of reciprocity, prescribe that the provisions in the first and second Paragraphs shall not apply in relation to a patent holder who is domiciled in a specified foreign State or who has a representative in that foreign State who is notified to the Register of Patents in this country and who is empowered in the manner prescribed in the first Paragraph.
The Article does not apply to holders of European patents referred to in Article 80, third Paragraph. (Act 2014:434).
Article 72. If the applicant or the patent holder has, despite having observed all due care required by the circumstances, suffered a loss of rights because he or she has not taken a measure at the Patent Authority within the time limit prescribed in this Act or under the authority of this Act and then he or she takes the measure within two months from the removal of the cause of the non-compliance, but at the latest within one year from the expiry of the respite, the Patent Authority shall declare the measure to have been taken in due time. If the applicant or the patent holder wishes to obtain such a declaration, he or she shall within the time limit prescribed above, file a request to that effect at the Patent Authority and pay a fee.
With respect to the respite referred to in Article 6, a declaration pursuant to the first Paragraph may be made only if the application for which priority is claimed has been filed at the latest within two months from the expiry of the respite and a request for a declaration has been made and the fee has been paid within the same period.
With respect to an international patent application that has been pursued in Sweden in accordance with Article 31, the first and second Paragraphs apply also if the applicant has suffered a loss of rights because he or she has not observed a respite in relation to the Receiving Authority, the International Searching Authority, the International Preliminary Examining Authority or the International Bureau. The measure that has not been taken within the respite shall in the cases referred to here be performed at the Patent Authority. (Act 2007:516).
Article 73. If, in cases referred to in Article 31 or 38, a document or a fee which has been sent by mail has not arrived at the Patent Authority within the prescribed time, but if the action intended by the mail has been completed within two months from the point in time when the applicant realized or should have realized that the respite had been exceeded, but in no case later than one year after the expiry of the respite, the Patent Authority shall declare that the act shall be deemed to have been completed within the proper time, provided that
1. the interruption of the postal services occurred on any of the ten days preceding the expiration of the respite because of war, revolution, civil disorder, strike, natural disaster or other similar circumstance in the locality where the sender is staying or has his place of business, and the document or fee was mailed to the Patent Authority within five days after the resumption of the postal service, or
2. the document or fee was mailed to the Patent Authority by registered mail no later than five days before the expiry of the respite, but only if the mail was sent by air mail where this was possible or the sender had reason to assume that the mailing by surface mail should have arrived at the Patent Authority within two days from the mailing date.
If the applicant wishes to obtain a declaration pursuant to the first Paragraph, he shall file a written request to that effect at the Patent Authority within the time prescribed there for the action. (Act 1983:433).
Article 74. If a request under Article 72 or 73 has been approved and as a result thereof the processing of a patent application which has been dismissed or rejected after having been made available under Article 22 is resumed, or a patent that has become invalid is considered maintained, an announcement to that effect shall be published.
If someone after the expiry of the time for restoration of the dismissed application or the decision on rejection has gained legal force, or the patent has become invalid, but before the said announcement has been published, has commenced in good faith the commercial exploitation of the invention in this country, he may, notwithstanding the patent, continue such exploitation while retaining its general character. Such a right to exploitation shall also be granted on corresponding conditions to someone who has made substantial preparations for commercial exploitation of the invention in this country,
The right under the preceding Paragraph may only be transferred to others together with the business activity in which it originated or in which the exploitation was intended to take place.
Article 75. (Repealed through Act 2016:192).
Article 76. Fees under this Act are established by the Government. In respect of annual fees, the Government may prescribe that one or more of the first fee years shall be exempt from fees. (Act 1983:433).
Article 77. The Government or the Authority designated by the Government issues provisions concerning the implementation of this Act. Diaries kept by the Authority shall be available to the public to the extent prescribed by the Government.
The Government may issue provisions to the effect that documents in matters relating to patent applications may be delivered to an Authority in another State.
Furthermore, the Government may also issue provisions to the effect
1. that the examination of patent applications may, upon request by the Patent Authority, be carried out at an Authority in another State or at an international institution, and
2. that a party applying for a patent on an invention for which he or she has applied for a patent in another State, shall be obliged to report what the Patent Authority in that State has communicated to him or her concerning the examination of the patentability of the invention.
Provisions concerning the obligation to provide reports pursuant to the third Paragraph, item 2, may, however, not be issued in respect of a patent application referred to in Chapter 3, if it has been the subject of an international preliminary examination and a report concerning that examination has been filed at the Patent Authority. (Act 2007:516).
Article 78. If the country is at war or in danger of war, the Government may, if called for in the public interest, prescribe that the right to a specific invention shall be surrendered to the State or to another party designated by the Government. A reasonable compensation shall be paid for the right to the invention thus surrendered. If no agreement on the compensation can be reached with the party entitled to compensation, the Court shall establish the compensation.
If a party other than the State has availed itself of the right to an invention pursuant to the first Paragraph and if that party does not fulfil its obligations in respect of the compensation, the State is obliged to immediately pay the said compensation, upon request by the party entitled to the compensation.
Article 79. Special provisions apply to inventions of importance for the defence of the country.
Chapter 11. European Patents
Article 80. (Ceases to apply on the date determined by the Government). A European patent is a patent granted by the European Patent Office under the European Patent Convention, done at Munich on October 5, 1973. A European patent application is a patent application filed under the said Convention.
An application for a European patent shall be filed at the European Patent Office. Such an application may also be filed at the Patent Authority to be transmitted by it to the European Patent Office. An application referred to in Article 76 of the said Convention (European divisional application) shall, however, always be filed at the European Patent Office.
The provisions of Articles 81 to 93 apply to a European patent for Sweden and a European patent application designating Sweden.
Article 80. (Enters into force on the date determined by the Government). A European patent is a patent granted by the European Patent Office under the European Patent Convention, done at Munich on October 5, 1973. A European patent application is a patent application filed under the said Convention.
An application for a European patent shall be filed at the European Patent Office. Such an application may also be filed at the Patent Authority to be transmitted by it to the European Patent Office. An application referred to in Article 76 of the said Convention (European divisional application) shall, however, always be filed at the European Patent Office.
European patents may have a unitary effect pursuant to Regulation (EU) No 1257/2012 of the European Parliament and the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection. (Act 2014:434).
Article 81. (Ceases to apply on the date determined by the Government). A European patent is granted when the European Patent Office has announced its decision to approve the patent application. The European patent has the same legal effect as a patent granted in this country and is also in other respects subject to the same provisions as such a patent, unless otherwise provided in this Chapter.
Article 81. (Enters into force on the date determined by the Government). A European patent is granted when the European Patent Office has announced its decision to approve the patent application. The European patent has the same legal effect as a patent granted in Sweden and is also in other respects subject to the same provisions as such a patent, unless otherwise provided in this Act. (Act 2014:434).
Article 82. (Ceases to apply on the date determined by the Government). A European patent has effect in Sweden only if the applicant, within three months from the date when the European Patent Office announced its decision to grant the patent has, at the Patent Authority,
- filed a translation, in the manner prescribed in the third Paragraph, of the text in which the patent has been granted by the European Patent Office and
- paid a fee for the announcement.
If the European Patent Office decides that a European patent shall be maintained in an amended version or be limited, the same applies also in respect of the amended text.
The patent claims shall always be filed in translation into Swedish. If the patent has been granted in German or French, the description shall be filed in translation into Swedish or English.
The translation shall be made available to anyone. It shall, however, not be made available before the European Patent Office has published the European patent application.
If the translation has been filed and the fee has been paid within the prescribed time and the European Patent Office has announced its decision to grant the patent or decided that the European patent shall be maintained in an amended version or be limited, this fact shall be announced by the Patent Authority. (Act 2007:518).
Article 82. (Enters into force on the date determined by the Government). A European patent has effect in Sweden only if the applicant, within three months from the date when the European Patent Office announced its decision to grant the patent has, at the Patent Authority,
- filed a translation, in the manner prescribed in the third Paragraph, of the text in which the patent has been granted by the European Patent Office and
- paid a fee for the announcement.
If the European Patent Office decides that a European patent shall be maintained in an amended version or be limited, the same applies also in respect of the amended text.
The patent claims shall always be filed in a translation into Swedish. If the patent has been granted in German or French, the description shall be filed in translation into Swedish or English
The translation shall be made available to anyone. It shall, however, not be made available before the European Patent Office has published the European patent application.
If the translation has been filed and the fee has been paid within the time prescribed and the European Patent Office has announced its decision to grant the patent or decided that the European patent shall be maintained in an amended version or be limited, this fact shall be announced by the Patent Authority.
This Article does not apply to European patents referred to in Article 80, third Paragraph. (Act 2014:434).
Article 82 a. (Enters into force on the date decided by the Government). If a European patent is given unitary effect referred to in Article 80, third Paragraph, the measures of the applicant pursuant to Article 82 are without effect. (Act 2014:434).
Article 82 b. (Enters into force on the date determined by the Government). If a request by the patent holder for a unitary effect referred to in Article 80, third Paragraph, has been rejected, the time limit for the filing of a translation and the payment of a fee pursuant to Article 82 be calculated from the date when the decision on the rejection has obtained legal force, on condition that the request has been filed at the European Patent Office within the proper time. (Act 2016:726).
Article 83. If the patent holder has not, within the prescribed time limit, completed the measure referred to in Article 82, the provisions of Article 72, first Paragraph, relating to patent applicants shall apply mutatis mutandis. If it is declared, pursuant to Article 72, that such a measure shall be deemed to have been completed within the proper time limit, the Patent Authority shall announce this fact.
If someone has, after the time limit for completion of the measures under Article 82 has expired but before the announcement has been published, commenced in good faith the commercial exploitation of the invention in Sweden or made substantial preparations for it, he shall enjoy the rights provided for in Article 74, second and third Paragraphs. (Act 2006:625).
Article 84. (Repealed through Act 1993:1406).
Article 85. If the European Patent Office has decided to limit or, wholly or in part, invalidate a European patent, this measure shall have the same effect as if the patent had been limited or declared invalid to the corresponding extent in Sweden. In order for a decision on limitation to have effect in Sweden, the requirements under Article 82 have, however, to be fulfilled. The Patent Authority shall announce the decision. (Act 2007:516)
Article 86. (Ceases to apply on the date determined by the Government). Annual fees for European patents shall be paid to the Patent Authority for each fee year commencing after the one in which the European Patent Office announced its decision to approve the patent application.
If the annual fee for a European patent is not paid pursuant to the provisions in the first Paragraph and in Articles 41 and 42, Article 51 shall apply mutatis mutandis. The first annual fee for a European patent is not, however, due for payment before two months have passed from the date on which the patent was granted. (Act 1983:433).
Article 86. (Enters into force on the date determined by the Government). Annual fees for a European patent shall be paid to the Patent Authority for each fee year commencing after the fee year in which the European Patent Office announced its decision to approve the patent application.
If the annual fee for a European patent is not paid pursuant to the provisions in the first Paragraph and in Articles 41 and 42, Article 51 applies. The first annual fee for a European patent is not, however, due for payment before three months have passed from the date when the patent was granted, or, if the patent owner within the proper time limit has, at the European Patent Office, requested unitary effect referred to in Article 80, third Paragraph, but the request has been rejected, from the date when the decision on the rejection obtained legal effect.
This Article does not apply to European patents referred to in Article 80, third Paragraph. (Act 2016:727).
Article 87. A European patent application for which the European Patent Office has accorded a filing date, shall in Sweden have the same effect as a Swedish patent application with the same filing date. If the application enjoys, under the European Patent Convention, priority from an earlier date than the filing date, such priority shall be taken into consideration.
For the purposes of the application of Article 2, second Paragraph, second sentence, the publication of a European patent application pursuant to Article 93 of the European Patent Convention shall be equivalent to the application being made available to the public pursuant to Article 22. This applies also to any publication referred to in Articles 153.3 or 153.4 of the Convention if this publication by the European Patent Office is considered as equivalent to a publication pursuant to Article 93. (Act 2007:516).
Article 88. If a European patent application has been published pursuant to the European Patent Convention and a translation into Swedish of the patent claims as worded when published has been filed at the Patent Authority and the prescribed fee has been paid, the Patent Authority shall publish an announcement to this effect and make the translation available to anyone.
If someone commercially exploits an invention for which patent protection is sought in a European patent application after the announcement pursuant to the first Paragraph has been published, the provisions concerning patent infringement shall apply mutatis mutandis if the application results in a patent for Sweden. In such a case, the patent protection shall, however, extend only to what emerges from both the patent claims as worded when published and the claims according to the patent. Punishment shall not be imposed and compensation for damages may only be determined pursuant to Article 58, second Paragraph.
The provisions of Article 58, third Paragraph, do not apply if the action for compensation is brought at the latest one year after the time for opposition against the European patent expired, or, if an opposition has been filed, at the latest one year after the decision by the European Patent Office to maintain the patent. (Act 1980:105).
Article 89. If a European patent application or a claim that such an application shall designate Sweden has been withdrawn or if, under the European Patent Convention, such a withdrawal shall be deemed to have been made, and the processing of the application has not been resumed pursuant to Article 121 of the Convention, this shall have the same effect as a withdrawal of a patent application at the Patent Authority.
If a European patent application has been rejected, this shall have the same effect as a rejection of a patent application in this country.
Article 90. If a text has been translated and filed at the Patent Authority pursuant to Article 82 or 88, the wording of the text in the language of the proceedings before the European Patent Office is the authentic one.
When a translation referred to in the first Paragraph is made available by the Patent Authority, it shall be evident that the wording of the language of the proceedings at the European Patent Office is the authentic one. (Act 2014:434)
Article 91. (Repealed through Act 2014:434)
Article 92. If the European Patent Office has decided to limit or to revoke, wholly or in part, a European patent or if, in respect of a European patent application, circumstances referred to in Article 89 have occurred, but the European Patent Office declares that, under the European Patent Convention, the patent holder or the applicant shall be granted restitutio in integrum, this applies also in Sweden.
If anyone, after the decision was issued or the circumstances occurred, but before the European Patent Office published an announcement concerning the declaration referred to in the first Paragraph, has, in good faith, commenced the commercial exploitation of the invention in Sweden, or made substantial preparations therefore, he or she shall enjoy the right referred to in Article 74, second and third Paragraphs.
If the European Patent Office has set aside a decision pursuant to Article 112 a of the European Patent Convention, the decision on the setting aside applies also in Sweden. If a European patent has become valid in Sweden after the European Patent Office has decided to set aside a decision, the provisions of the second Paragraph apply, if the exploitation commenced or preparations were made before the announcement of the decision on the setting aside was published. The corresponding applies if the patent protection for a European patent with validity in Sweden has been extended after the European Patent Office has decided the setting aside of a decision. (Act 2007:516).
Article 93. If a European patent application filed at a national Patent Authority is deemed to be withdrawn because the European Patent Office did not receive it within the prescribed time, the Patent Authority shall, pursuant to a request by the applicant, take up the application for processing as converted into an application for a Swedish patent, provided
1. that the request is filed at the National Authority receiving the patent application within three months from the point in time when the applicant was notified that the application was deemed to be withdrawn and, furthermore, is received by the Patent Authority within 20 months from the date of filing of the application or, if priority is claimed, the date from which priority is claimed, and
2. that the applicant pays, within the time determined by the Government, the prescribed application fee and files a translation into Swedish or English of the patent application, or, if the application is drawn up in English, a copy of the application.
If the patent application fulfils the requirements in respect of the form of the application prescribed in the European Patent Convention and its Implementing Regulations, it shall be accepted in this respect. (Act 2014:289).
Article 93 a. (Enters into force on the date determined by the Government). The Agreement on a Unitary Patent Court contains provisions on a Court competent for processing disputes relating to European patents. (Act 2014:434).
Article 93 b (Enters into force on the date determined by the Government). The Government shall compensate damages in accordance with Articles 22.1 and 22.2 in the Agreement referred to in Article 93 a. (Act 2014:434).
Chapter 12. Pledge.
Article 94. (Ceases to apply on the date determined by the Government). Patents which have been granted or which have effect in this country may be pledged pursuant to the provisions in this Chapter.
Pledges may also concern
1. a Swedish patent application,
2. an international patent application pursued under Article 31 or taken up for processing in accordance with Article 33, third Paragraph, or Article 38, or
3. a European patent application of which a translation pursuant to Article 88 has been received by the Patent Authority or which has been converted under Article 93.
A pledge in a patent application also extends to a part of the application that becomes the subject of a division or a breaking out. (Act 1987:1330).
Article 94. (Enters into force on the date determined by the Government). A patent which has been granted or which has effect in Sweden may be pledged pursuant to the provisions in this Chapter. However, in respect of European patents referred to in Article 80, third Paragraph, Articles 95, first and second Paragraphs, 96, first and third Paragraphs, 97, first and third Paragraphs, and 99, 100 and 104 do not apply.
A pledge may also concern
Pledge in a patent application also extends to a part of the application which becomes the subject of a division or a breaking out. (Act 2014:434).
Article 94 a. (Enters into force on the date determined by the Government). If the European Patent Office in the European Register of Patents records a written agreement on a pledge in a European patent referred to in Article 80, third Paragraph, the pledge has effect in conformity with the provisions in this Chapter.
In respect of European patents with unitary effect, the provisions in
- Articles 95, third Paragraph, and 102, first Paragraph, about the Patent Authority refer instead to the European Patent Office,
- Article 96, second Paragraph, about the Register of Patents refer instead to the European Register of Patents, and
- Article 101, first Paragraph, about registration pursuant to Article 95 refer instead to registration in the European Register of Patents. (Act 2014:434).
Article 95. A pledge of a patent or a patent application comes into being by registration of a written contract pledging the property. The application for registration shall be filed at the Patent Authority.
If a registered pledge has been transferred to another party, this fact shall, upon request, be recorded in the Register of Patents or the Diary of Patent Applications.
If a pledge has been granted to several parties individually, precedence shall be given to the grant for which the application for registration was first received by the Patent Authority, unless otherwise agreed.
If applications for registration of several pledges are filed on the same day, precedence shall be given to them in accordance with the chronological order in which they took place, unless otherwise agreed. If the contracts are simultaneous or it cannot be determined in which chronological order they took place, they shall have the same right. (Act 1987:1330).
Article 96. An application for registration under Article 95 shall be filed by the party having the right to the patent or the patent application or by the party to whom a pledge has been granted. The applicant shall prove the right of the pledger to the patent or the patent application.
The holder of the patent recorded in the Register of Patents shall be deemed to have the right to the patent unless otherwise is shown in the case. If the application for registration relates to a pledge of a patent application, the party registered as the inventor or his assignee shall be deemed to have the right to the patent application, unless otherwise is shown in the case.
If, when the application for registration is filed, the pledger is not qualified to dispose of the pledged property due to distraint, bankruptcy, legal incapacity, impounding, sequestration or for some other reason, the application must not be approved. (Act 1987:1330).
Article 97. A contract whereby a patent is pledged may be recorded when the patent has been granted or, if the contract relates to a European patent, when it has come into effect in this country pursuant to Article 82.
A contract whereby a patent application is pledged may be recorded when the patent application has been recorded in the Diary at the Patent Authority, or, if the contract relates to a European patent application, when an announcement under Article 88 has been published.
If a pledged patent application results in the granting of a patent, the patent shall thereafter constitute the pledged property. (Act 1987:1330).
Article 98. Even if a registration has been carried out, the pledge in the pledged property only applies if the contract was concluded by a party which was the proper owner of the property and entitled to dispose of it and if the contract is not invalid for any other reason. (Act 1987:1330).
Article 99. The pledge becomes invalid if the patent or the patent application has been transferred to another party or is otherwise no longer valid due to the provisions of this Act. (Act 1987:1330).
Article 100. The registration shall be removed from the files if the pledge, through a judgment which has gained legal force has been declared invalid or if the pledge has lapsed or otherwise has ceased to be valid. (Act 1987:1330).
Article 101. The pledge of a patent or a patent application has effect from the time of the application for registration under Article 95 against anyone else who later acquires ownership of, or any other right in, the property.
A licence agreement is valid against the pledgee if the agreement was concluded before the application for registration of the pledge contract. (Act 1987:1330).
Article 102. The provisions in other laws concerning pledges upon distraint or upon bankruptcy also apply to pledges of patents or patent applications. The receipt by the Patent Authority of an application for registration under Article 95 has the same legal effects as when a pledgee takes possession of a movable object.
If a pledged patent or a patent application is being sold upon distraint or bankruptcy, licence agreements referred to in Article 101, second Paragraph, remain in force. (Act 1987:1330).
Article 103. The pledgee may sell the pledge and obtain his claim from the proceeds only if he has previously informed the debtor and other known interested parties about the sale and they have been given sufficient opportunity to look after their interests.
After a sale pursuant to this Article, license agreements referred to in Article 101, second Paragraph, remain in force. (Act 1987:1330).
Article 104. Anyone who applies for registration pursuant to this Chapter shall pay a fee. The Government establishes the amount of the fee. (Act 1987:1330).
Chapter 13. Supplementary Protection.
Article 105. (Ceases to apply on the date determined by the Government). A party which applies for supplementary protection or extension of the period for a supplementary protection pursuant to Council Regulation (EEC) No 1768/92 of 18 June 1992 on the creation of a supplementary protection certificate for medicinal products or for supplementary protection pursuant to Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products shall pay a fixed application fee. (Act 2007:242).
Furthermore, an annual fee shall be paid for the supplementary protection. The fee year is computed from the date when the protection commenced to be valid and thereafter from the corresponding date. (Act 2007: 242).
Article 105. (Enters into force on the date determined by the Government). A party which applies for supplementary protection or extension of the period for supplementary protection pursuant to Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products, or for supplementary protection pursuant to Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products shall pay a fixed application fee.
An annual fee shall be paid for the supplementary protection. The fee year is computed from the date when the protection commenced to be valid and thereafter from the corresponding date. (Act 2014:434).
Article 106. The provisions in Chapter 9 on liability shall apply to supplementary protection. (Act 1994:1511)
Articles 107 to 114. (Repealed through Act 1994:1511).
Entry Into Force and Transitional Provisions. ((Not translated)