Patents Laws in Sweden
Patent laws in Sweden are designed to protect inventions and encourage innovation by granting inventors exclusive rights for a limited time. Here is an overview of the key aspects of Swedish patent law:
πΈπͺ Overview of Swedish Patent Law
1. Governing Body
The Swedish Intellectual Property Office (PRV) handles patent applications and enforcement within Sweden.
Sweden is also part of the European Patent Convention (EPC) and the Patent Cooperation Treaty (PCT), allowing applicants to seek patent protection across multiple countries.
2. Legislation
The primary law is the Patents Act (1967:837), regularly updated to align with EU regulations and international treaties.
π Key Features of Swedish Patent Law
1. Patentability Requirements
To be granted a patent in Sweden, an invention must:
Be novel (not publicly known anywhere in the world before the filing date)
Involve an inventive step (not obvious to someone skilled in the field)
Be industrially applicable (usable in some kind of industry)
2. Exclusions from Patentability
Not patentable:
Discoveries, scientific theories, mathematical methods
Aesthetic creations (like artworks)
Schemes, rules, or methods for mental acts, playing games, or business methods
Methods for treatment of the human or animal body by surgery or therapy, and diagnostic methods (products like drugs or medical devices can be patented)
3. Patent Duration
20 years from the filing date, provided annual fees are paid
Supplementary Protection Certificates (SPCs) can extend protection for pharmaceuticals and plant protection products for up to 5 more years
4. Patent Application Process
Applications can be filed:
Nationally through the PRV
Regionally through the European Patent Office (EPO)
Internationally via the PCT
5. Enforcement & Infringement
Patent owners can take legal action in Swedish courts against unauthorized use
Remedies include injunctions, damages, and seizure of infringing goods
π Renewal Fees
Annual fees must be paid starting from the third year
If not paid, the patent lapses
π Sweden & European/International Patent Systems
European Patent (EPO Route)
A European patent designating Sweden has the same effect as a national Swedish patent after validation (often involving translation into Swedish or English)
PCT Route
Allows applicants to seek protection in many countries through one application, later entering national or regional phases (including Sweden)
π‘οΈ Utility Models?
Sweden does not have a utility model (short-term patent) system.
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