The law's content
section 1 of this Act contains provisions on the authorisation of
patent agents and Patent Attorneys Board data.
Definitions
2 for the purposes of this Act, section
1. patent law matters: matters relating to the
(a) the patentability of inventions),
b) application for patent and other proceedings relating to the patent
before an authority or organization,
(c) the validity of a patent), a patent or a patent application
the scope of protection, infringement of patents and better right to a
patent or a patent application, and
d) preparation and conduct before the Court in
patent law matters,
2. patent agent "means a natural person who professionally leaves
assistance in patent law matters, and
3. authorized patent agents: a patent attorney who has
authorized under this Act.
Patent Board
paragraph 3 of the Patent Board,
1. examine issues on the authorisation of the patent agent;
2. keep a register of authorized patent agents,
3. supervision of authorized patent agents,
4. examine issues of disciplinary procedures against authorized
patent agents, and
5. promote good patentombudssed be developed and followed.
The Patent Board be notified of
the Government.
Authorization
paragraph 4 requires that an applicant For authorisation
1. is not a minor, bankrupt or subject to
disqualification,
2. do not have trustees under Chapter 11. 7 § parental code,
3. have appropriate theoretical qualification and professional experience,
4. have completed approved proficiency test for authorisation,
5. works as a patent agent, and
6. is respectable and otherwise suitable to act as patent agents.
If there are special reasons, the Patent Board in
individual cases may decide to derogate from the requirements of the first
paragraph 3 – 5.
Good patentombudssed
§ 5 authorized patent agents shall observe good
patentombudssed.
Professional secrecy
section 6, an authorised patent agent shall not improperly disclose
or use what the Attorney has become aware in their
professional practice.
The Registrar shall ensure that the agent's assistants observes the corresponding
professional secrecy.
Obligation to provide data
section 7 an authorized patent agent shall submit
Patent Attorney Board the information that the Board needs to
exercise supervision.
If an authorised patent agent occurs, any
circumstance which means that conditions in accordance with paragraph 4 of
the first subparagraph ceases to be fulfilled, the agent immediately
notify the Patent Committee.
Revocation of authorization
section 8 of the Patent Board of appeal shall revoke the authorisation for a
patent attorney if the Attorney requests it or if the delegate is no longer
comply with the requirements for authorization under paragraph 4, first subparagraph
1-5. In the latter case, the Board if there are particular
reasons not waiver.
A decision on the revocation of the authorization shall be effective immediately.
Disciplinary actions
section 9 of the Patent Board of appeal shall revoke the authorisation for a
authorized patent agent unless the agent
1. no longer meets the requirements set out in paragraph 4(1) 6,
2. fails to pay the prescribed fees to the
Patent Attorney Board, or
3. otherwise does not comply with its obligations under this Act.
If there are special reasons, the Patent Board in
rather than announce a warning. Patent Board may completely
failing to take action if there are serious reasons.
A decision on the revocation of the authorization shall be effective immediately.
Appeal
section 10 of the Patent Board's decision under this Act may
be appealed to the administrative court.
Leave to appeal is required for an appeal to the administrative court.
Criminal responsibility
section 11 of the improperly claiming to be authorized
patent agent shall be liable to a fine.
Appropriations
section 12 of the Government or the authority, as the Government determines
may provide for the authorization of patent agents.
The Government or the authority that the Government may
provide for fees in proceedings under this Act.
2010:1052
1. This law shall enter into force on september 1, 2010.
2. upon entry into force for at least five years conducting
professional activity in Sweden which mainly consisted of
assist with patent law Affairs and as at
date of entry into force is included on the European
Patent Office list of authorized agents or individual
Member of the Swedish IP Attorney Associations, shall be authorized, in spite
to the requirements of paragraph 4(1) 3 and 4 are not fulfilled.
However, this applies only where the application for authorisation is submitted
to the Patent Board before september 1, 2011.