Patent application and register
section 1 of the Swedish patent application filed with the patent and
Registration Office (Patent Office).
International patent application covering Sweden submitted to
a Government or international organization, as referred to in
the patent cooperation and implementing provisions
This is the competent receiving authority. Provisions on
The Patent Office as the receiving authority is found in paragraphs 51-56.
As of this release, please refer to
detailed rules for the application of the patent cooperation
refers to the implementing regulations as in force as at 1 July
2007.
The provisions of this decree if the patent application relates
no subject, only
1. Swedish patent application,
2. international patent applications already made under section 31
the Patents Act (1967:837) or admitted to handling according to the
section 38 the same law,
3. European patent application converted pursuant to § 93
patent law. Regulation (2007:519).
section 2 of The Swedish patent application should consist of a letter
(application) with attachments.
The application document shall be signed by the applicant or
the applicant's representative and must contain
1. the name and address of the applicant and, if the applicant is represented by
a representative, the name and address,
2. the inventor's name and address,
3. a short and factual title on the patent-pending
the invention,
4. when the patent is applied for by several common, an indication of any of
them is appointed to for all to receive messages from
Patent Office,
5. where applicable, indication that the application includes an
such a deposit of biological material referred to in paragraph 8 (b)
the Patents Act (1967:837), as well as
6. the annexes accompanying the
the application document.
The following annexes shall be:
1. a description of the invention, including drawings
needed to clarify the description, one or more
patent claims and an abstract,
2. If the applicant is represented by an agent who does not have
authorised in the application document, special power of Attorney for
the Attorney, as well as
3. If the invention has been made by someone other than the applicant;
a statement of the basis for the applicant's rights.
The application fee provided for in section 45 shall be paid in
during the application process. Regulation (2014:435).
2 a of A patent application may be transferred electronically to the
The Patent Office. In such cases, it must be signed with a
electronic signature. The Patent Office may provide for
electronic transfer of patent applications to the Epo.
Regulation (2008:368).
section 3 of the 8 a of the Patents Act (1967:837) has a provision on
the description, claims and abstract of a patent application
must be written in Swedish or English.
Text other than the description, claims and abstract shall be
written in Swedish, English, Danish or Norwegian.
If a submitted text is written in a language other than that resulting from the
the first or second paragraph, should a translation be filed.
The Patent Office may, however, waive the translation or
accept translation into a language other than Swedish, English,
Danish or Norwegian in the field of
1. text other than the description, claims and abstract,
as well as the
2. such a text in the description or claims in Swedish
patent application not included in the who under section 21 of the first
subparagraph, constitutes the Basic Act.
The Patent Office may take up a request for examination before the
the translation has been received. The applicant shall, however, be submitted to the
to submit the translation before the application becomes generally
available under section 22 of the Patents Act. Regulation (2014:435).
section 4 of the description, the claims and the abstract shall be
rendered with black text in the default font on a white background.
Drawings shall be executed in dark, preferably black
lines on a light, preferably white background. The description and
the accompanying drawings and the claims and the abstract shall
be made in format A4 (210 x 297 mm) and in the form which is
itself for reproduction. Regulation (2008:368).
§ 5 in order to get such a novelty search referred to in section 9
the Patents Act (1967:837), the applicant shall, within three months from
patent application filing date pursuant to § 8(c) or 8(d) same team
request in writing with the Patent Office and pay a
fee established by the audit authority. If
the patent application is not in a language accepted by the
the audit authority, the request be accompanied by a
translation of the application into a language which the Patent Office
determines.
If multiple agencies are eligible to perform
novelty search and the applicant would determine which of these
to perform it, the applicant shall indicate the authority of its
request.
A request under the first subparagraph shall be deemed to be withdrawn;
If the patent application and the prescribed translation at the end of
the period referred to in the first subparagraph do not comply with the
form requirements that apply to an international patent application.
Regulation (2014:435).
5 a § If an invention relates to biological material from plant
or the Animal Kingdom, or if such materials are used in a
invention, the patent application shall contain an indication of
the geographical origin of the material, if known. If
the origin is not known, this fact shall be stated.
Lack of information on the geographical origin or if
the applicant's knowledge of the origin does not affect the examination of
application or the rights conferred by a patent.
Regulation (2004:162).
section 6 is repealed by Regulation (2007:519).
section 7 of the Patent Office for register of incoming
patent applications.
The registry is available to the public.
In the registry shall be recorded for each application
1. the registration number,
2. the responsible officer,
3. the name and address of the applicant,
4. If the applicant is represented by a representative, the name and
address,
5. indication of whether the application is a Swedish
patent application, a patent or a
converted European patent application,
6. If the application is a Swedish patent application, application
filing date according to 8 c and 8 d § patent law
(1967:837)
7. If the application is an international
patent application, the international filing date and the
day on which the application was pursued under section 31 of the Patents Act or come
According to § 38 the same law,
8. If the application is a converted European patent application, the
date the application was filed for prosecution under the European
Patent Convention or, where applicable, the date on which
has been established as the filing date of the European
patent application and the date of the application came in to the Patent Office
for the conversion,
9. If priority has been claimed, was the referenced earlier
the application has been submitted, the date of the application and the application
number,
10. If the application were raised by partition or secession,
stem application reference number,
11. If by Division or secession from the application, the
raised a new application, the divisional application or breakaway
reference number,
12. If the application has become widely accessible according to section 22
third paragraph, the patent law, the date for this,
13. If a lien granted in the application, the date of
deposit charge, the date of application for registration as well as
panthavarens name and address,
14. If the application is an international application for a patent, the
international application number,
15. If the application is a converted European patent application, the
the European patent application number,
16. in case the writings received and paid fees, and
17. in case decisions.
When the application documents in patentärendet has become widely
available under section 22 of the Patents Act, the registry for
each application is recorded
1. the classes that an application has been assigned to,
2. the inventor's name and address, and
3. the title of the invention.
Regulation (2014:435).
section 8 Has been repealed by Regulation (2007:1120).
§ 9 About a patent pending invention has shifted to someone else,
, assignor or the new holder of the Patent Office
request that the transition is recorded in the patent application registry.
The request shall set out the basis for the case over time.
The Patent Office may provide for the cases in which
assignor or the new holder shall demonstrate
legal transition. Regulation (2007:519).
Priority
section 10 a request for priority must be filed in writing and be given
submitted to the Patent Office in paper form. Regulation (2000:1160).
11 § Evidence and copies referred to in paragraph 6 (b) of the Patents Act (1967:837)
shall be filed in the form Patent Office prescribes.
Regulation (2000:1160).
section 12 of the Patent Office may provide for derogations in certain cases from the
requirement of 6 b and 6 c of the Patents Act (1967:837) to submit
evidence and copies. Regulation (2000:1160).
section 13 has been repealed by Regulation (2000:1160).
Patent claims
section 14 of the Patent claim shall contain
1. the title of the invention,
2. indication of the technology, in relation to which the invention is
something new (State), if such a mission is necessary,
3. information on the invention of new and distinctive.
Each patent claim may relate to only one invention.
The invention shall, as far as possible be placed under any of the categories
Alster, device, procedure or operation.
Patent claim must not contain anything that is irrelevant with respect to
the invention specified in the requirement or immaterial for the exclusive rights
the applicant is requesting.
section 15 of the Patent application may contain multiple patent claims. There are several
patent claims in an application, they must be collected and numbered consecutively.
Patent claim can be independently or osjälvständigt. Osjälvständigt
demand is such a requirement relating to the embodiment of the invention as specified in
other claims in the application, and therefore includes all
determinations in this requirement. Other requirements are independently.
The patent claims must be linked one or more dependent claims.
Osjälvständigt requirements may be linked to several previous claims. The
should be initiated with reference to such previous patent claims, and
then take up the additional determinations that characterize
the invention.
section 16 If an application for a patent covering several inventions, these are considered to be
that are dependent on each other, if there is a technical connection between
all inventions by one or more identical or
corresponding technical features common to these. With the expression
technical characteristics referred to such technical features that any invention
contributes beyond the State of the art.
The question whether a number of inventions are interdependent shall
be determined without regard to whether they are specified in separate patent claims or
as an alternative in a patent claim. Regulation (1991:1331).
Description
section 17 of the description may contain only such that contribute
to clarify the invention. If a newly created or another
not well accepted term must be used, the term
explained. Name or unit of measurement shall not deviate from
It is generally customary in the Nordic States.
If the patent application includes a such deposit of biologically
material referred to in paragraph 8 (b) of the Patents Act (1967:837),
the applicant, in its application, submit all the relevant information
If the biological material properties which the applicant
access to. Regulation (2014:435).
17 a of such a security deposit referred to in paragraph 8 (b)
the Patents Act (1967:837) should be made with an institution that is
international depositary authority under the Budapest the
28 april 1977 ended the agreement on the international
recognition of the deposit of micro-organisms for the purposes of
patent procedures (Budapest Treaty).
The deposit shall be made in accordance with the Budapest Treaty.
The Patent Office establishes a list of the institutions
who are international deposit authorities according to
Budapest Treaty. Regulation (2014:435).
17 (b) § has a deposit has been made, the applicant shall within sixteen
months from the filing date or, where priority is
is claimed, the date from which priority is claimed to leave the Patent Office
written indication of the institution with which the deposit
has been made and the number that the Department has determined for
the deposit. In the case of international patent applications,
the data within the same time limit left to the world Organization's
WIPO International Bureau.
Applicant request that documents concerning
patent application should be available earlier than that
follows from the first and second paragraphs of section 22 of the Patents Act, the
information referred to in the first subparagraph shall be supplied at the latest together
with representation. Does the applicant regarding international
patent application request for earlier publication of
the application referred to in article 21(2). (b) of the Convention on
Patent Cooperation Treaty, the data shall be supplied at the latest together with the
request for publication.
Have a security deposit has been transferred from an international
Escrow Agency to another in accordance with rule 5.1 of the
the arrangements for implementing the Budapest Treaty, the
the applicant shall notify the Patent Office about this and about the new number
that the deposit has been.
The Patent Office, as evidence that the information referred to in
the first and third subparagraphs is actual call up copy of the
proof that the Department has issued on the deposit.
Regulation (2007:1120).
17 c § such new deposit as referred to in paragraph 8 (b)
the Patents Act (1967:837) should be made in the order provided for
in the Budapest Treaty for the new deposit.
A new deposit must be made within three months from the date
the applicant received notification from the international
Escrow agency if that sample from the previous
deposited material can no longer be provided. If
the Department has ceased to be international
depositary authority for such biological material
the deposit is intended or if it has ceased to carry out his
obligations under the Budapest Treaty and the applicant
have not received notification of this within six months after
the International Bureau has published information about
the fact, however, the new deposit shall be made in
nine months from the publication.
Within four months from the date of the new deposit
made to the applicant to the Patent Office a copy of the
proof that the Department has issued on the new
the deposit. If the time limit referred to in paragraph 17 (b), or
second paragraph expires later, get the receipt be given within
the time-limit. When the receipt is submitted, an indication should be provided on
the number of the patent application or the patent deposit
belongs to. Regulation (2014:435).
Summary
section 18 in respect of Swedish patent application shall relate to the summary description
and patent claims as exists in the documents referred to in paragraph 21 of the
the first paragraph or section 24, first paragraph, constitutes the basis of documents.
The abstract shall contain the title of the invention. It shall be designed
so that it is clear from the technical problem as the invention
concern, the principle for the solution of the problem that the invention involves
and the main use of the invention. Digest is changed
final version shall, where possible, be fixed before the application
shall be kept available to the public under the second paragraph of section 22 of the Patents Act.
Exist in the international patent application or transformed
European patent application abstracts established by international
Searching Authority or by the European Patent Office, shall
It could be acceptable. Otherwise, the Patent Office also establishes a summary in
such an application. In the latter case the first paragraph of the corresponding owner
application.
Amendment of patent application
section 19 of the Patent claims may not be amended so that it will contain something like
non-evidenced by the action, which according to paragraph 21 of the first or second subparagraph
or 24 paragraph constitutes the basis document. Amended patent claims so that
new determinations apply, the applicant shall at the same time specify where
counterpart, see basic documents.
After the Patent Office delivered a statement about companies
novelty search may not be in the same patent application patent claims that
Specifies the invention which is independent of the invention according to the previous
tabled requirements.
As regards the international patent application, a statement of
novelty search not be released before the expiry of the period applicable under
58 section unless the claimant consents to it.
In the description and drawings, the applicant may make amendments or additions
only if this is necessary with regard to paragraph 8 of the patent Act. By
such amendments or additions may not appear as patent requirements
extensive other than that which is reflected in the basic documents.
section 20 of the change or addition in the patent claim shall, if the Patent Office is prevented by
otherwise, be done by the new document submitted, which together occupy
all the requirements.
section 21 of the Act referred to in the case of a Swedish
patent application the description with associated drawings and
the patent claim in Swedish, English, Danish, or
Norwegian that were submitted on the filing date of the application under 8 c
or 8 d section the Patents Act (1967:837). The same applies in the case
If a patent application addressed to the processing according to § 38
patent law and a European patent application which is requested
converted. If there was no such document filed at the
the date, the description and related drawings
and the patent claim on the Swedish or English
then first came in to be regarded as the basic document
extent to which the content has a clear counterpart in the
documents that were submitted on the filing date of the application in accordance with
8 c and 8 d § patent law.
The document referred to in the case of an international
patent application abandoned pursuant to section 31 of the Patents Act, the copy
by the description, drawings and claims or
patent claims on Swedish or English that has been submitted
According to the same paragraph, if the application is written in Swedish, or
English. If translation is required to complete the
application, referred to in the Basic Act, rather than the translation
by the description, drawings and claims or
the claims that have been submitted in accordance with the same paragraph with the
changes in the translation that may have been made within the period
applicable under section 58.
If the applicant has consented to the application for
crucial before the period specified in section 58, referred to
with the basic plot description, drawings and claims
or claims which they were filed at the time when the
decision on rejection or the notification according to § 19
first paragraph, patent law. Regulation (2014:435).
Partition and secession
section 22 On several inventions, are described in the basic documents,
applicant share the application in multiple applications. Thus, on the
the applicant's request for new application for invention, derived from
the original application (trunk applications), is considered to be made at the same time
with ordinary application. Regulation (1996:225).
section 23 Has in patent application through extensions to description or
patent claims or otherwise specified an invention as non
follows from the basic documents, by break-away from the
original application (strain application) made new application
for this invention, at the request of the applicant is considered to be made at the
the time when the Act wherein the invention specified received at the
The Patent Office.
Secession may be made only on the condition that in the new
application protection is requested only for what was
strain the acts such these existed in that
the new document. Regulation (1993:1312).
section 24 At partition or secession, the description with associated
drawing and patent claims, which must be filed at the same time with the application document in
the new application is considered as the basic document.
New application may be considered to be induced by Division or secession only if
it of the application when it is submitted, it appears that it is assigned or
mined-out application. In the seconded or mined-out application, the
original application stated.
The general availability
section 25 Of the documents in a case involving a patent application
under section 22 of the second or third subparagraph, the Patents Act (1967:837)
become generally available before the patent has been granted, shall
the abstract shall be published as soon as its final wording
has been established. The Patent Office may publish also others
parts of the application together with the abstract.
A proclamation under section 22 of the Patents Act, fifth subparagraph
include information on
1. the reference number and class,
2. filing date according to 8 c and 8 d § patent law,
3. the title of the invention, and
4. name and address of the applicant and inventor.
Where priority has been claimed, the proclamation also contain
data on
1. where the application is invoked as priority Foundation has
been submitted,
2. the date of filing of the application, and
3. serial number.
If the application includes the deposit of biological material, shall
This is specified in the notice. If the applicant pursuant to section 22
eighth paragraph, patent law has requested that the test from
deposited materials shall be disclosed only to a specific
expert, shall also be stated in the notice.
If a translation of the description and claims or
the claims of an international patent application has changed
within the period applicable under section 58 but after
the file has become widely available,
a proclamation is issued accordingly. Regulation (2014:435).
25 a of A request pursuant to section 22 of the ninth subparagraph, first sentence
the Patents Act (1967:837) to get a sample of a deposit shall
designed in the manner provided for in rule 11 of the
regulations made under the Budapest Treaty.
Anyone wishing to obtain a sample shall, vis-à-vis the patent applicant or
the patentee prior to patent application has
final or pending patent has expired
1. do not let anyone else have access to the sample, and
2. do not use the test other than for experimental purposes.
The relations should also cover biological material that has
derived from the sample and which have retained the characteristics of the
deposited material which is essential for the exercise of
the invention.
If the patent applicant or patent owner expressly waives
from the marriage, any such need not be provided.
The marriage shall be annexed to the request.
Regulation (2014:435).
25 b of A request pursuant to section 22 paragraph 8 Patents Act
(1967:837) that the trial should be disclosed only to a specific
the expert shall be made not later than the date on which the technical
preparations for publication of the patent application shall be deemed to
completed.
The Patent Office establishes a list of the people who
have declared themselves willing to undertake missions as such
Special and suitable for it decision on which
people who should be included on the list of experts shall
be published in the order provided for in section 49.
If the sample may be disclosed only to such an expert, should the
in order for the test indicated who should be engaged as an expert.
The request must include a written undertaking from the
expert vis-à-vis the patent applicant corresponding to the
connection referred to in 25 a of the second and third paragraphs. If
the request concerns the test to be applied pursuant to section 22 of the eighth
the second sentence of the Patents Act, the marriage refer to 20
years from the date the patent application was filed.
As Special Adviser, it hired who is busy on
the list or in the particular case has been accepted
by the patent applicant. Regulation (2014:435).
25 c the relations provided for in § 25 (a) and 25 (b) § §
does not prevent the biological material derived from the sample
deposited for a new patent application, if the material needs
deposited for the application. A connection that does not use
sample or any material derived from it other than in
experimental purposes do not apply to anyone who received a compulsory licence
to exploit the invention. Regulation (2004:162).
25 d section Has a request for the taking of samples made and does not meet obstacles, under
patent law or this notice to sample is provided,
Patent Office evidence about this. Patent Office submits the request for
test and proof to the institution with which the deposit is located.
Patent Office sends to the applicant or proprietor of the patent at the same time a
copy of the petition and the evidence.
The Patent Office finds that such evidence referred to in the first subparagraph shall not
can be issued, the Patent Office decision on this. The person who made
request for test may bring an action against the decision by appeal of
patent appeals within two months from the day. Against
action brought against the decision of the Court may not be conducted.
Processing of patent application
section 26 in the examination of the conditions under section 2 of the patent Act for
granting patents, the Patent Office shall take into account everything, which authority
has knowledge.
Patent Office review shall be made on the basis of specifications,
lay publications or published patent applications from Sweden,
Denmark, Finland, Norway, The United States Of America, France,
The Federal Republic of Germany, Switzerland, United Kingdom, former German
the Kingdom and the European Patent Office, or extracts thereof, and
published international patent applications or extracts thereof
as well as publicly available applications for patents here in the Kingdom.
In addition, the review is based on other available literature, if
so is justified.
The Patent Office will notify the detailed provisions on the review. Such
rules may, if particular circumstances call for it, to deviate from the
the provisions of the second subparagraph.
26 a of the description, claims and abstract in a
patent application is written in English, or if the
the patent application States that a patent shall be announced in English,
Patent Office in so far as it is appropriate to use
English in dealing with patentärendet.
Regulation (2014:435).
section 27 if necessary for the investigation concerning the application for a patent, the
Patent Office to hire an expert, who is not employed by the Agency.
section 28 of the Patent Office may order the applicant to submit a model, sample
or the like, or to carry out investigations or experiments, if so
needed for the assessment of the patent-pending invention.
section 29 of the patent on an invention, he or she
has applied for a patent on a foreign patent authority, shall
report what the authority has informed him or her in
question about the novelty or patentability in General.
The Patent Office may order the applicant to submit a certified
transcript of what enlightened way or a declaration of
that any information has not been provided in this respect.
Regulation (2009:1155).
29 a of the Patent Office may disclose information about
audit findings concerning a not published
patent application to the patent office except in the Kingdom, if a
agreement on the exchange of audit results and
the foreign authority has undertaken not to make
the data available to the public.
Regulation (2015:522).
section 29 (b) When the Patent Office considers that the patent can be granted, shall
the piece, before notice in accordance with § 19, first paragraph, the patent law
is issued, the applicant shall forward the documents which show the
version in fact intends to notify the patent. The Patent Office may, in such
cases under section 15 of the patent Act order the applicant to be heard
on the question and, on the other hand, shall return the documents to the Office within the specified time.
Regulation (2015:522).
section 30 of the Regulations if deadlines and respite granted by the Patent Office.
Deferred to announce patent can, however, be granted only when it is
to inform the patent before the application become widely
available under section 22 of the Patents Act. The message can be in
such a case on the applicant's request be deferred until the application
becomes generally available under that provision.
Regulation (1993:1312).
Communication of patent
section 31 of the Patent Office shall make a patent publication referred to in
section 21 of the Patents Act (1967:837). The complaint shall commence
as soon as possible after the applicant has paid the
communication fee and, where applicable, the given in a
translation under paragraph 19 of the same law. In
the specification shall identify
1. the date on which the patent has been granted,
2. the number of the patent (patent application reference number) and
patent publication number and classes,
3. the patent owner's name and address,
4. If the proprietor of the patent is represented by an agent, the agent's name,
5. the inventor's name and address,
6. on the day on which the application documents became widely available
under section 22 of the Patents Act,
7. whether the patent is based on a Swedish patent application, a
international patent application, or a transformed European
patent application,
8. If the patent is based on a Swedish patent application, application
filing date according to 8 c and 8 d § patent law,
9. If the patent is based on an international patent application,
the international filing date, the international
application number and the date on which the application was pursued under
section 31 of the Patents Act section 38 or come under the same law,
10. If the patent is based on a transformed European
patent application, the date of filing of the prosecution
under the European patent Convention, or, in
where appropriate, the date of which has been established as
filing date of the European patent application, the number of
the European patent application and the date on which the application came in
to the Patent Office for the conversion,
11. information on priority, the priority was the founding
the application has been submitted, the date of the application and the application
number,
12. the title of the invention,
13. If the patent application have arisen through sharing or
Breakout, strain application reference number,
14. If the patent application includes the deposit of biologically
materials, the institution where the deposit as well as the
number that the Department has given the security deposit, and
15. the foregoing publications.
Regulation (2014:435).
32 § a proclamation under section 20, first paragraph, the patent law that
patent shall contain the information referred to in section 31 shall
included in the specification, with the exception of the foregoing publications.
Regulation (1993:1312).
33 § When an objection pursuant to section 24 of the Patents Act (1967:837)
shall specify what it is based on. The Patent Office shall notify the
additional regulations on the content and handling of
objections. Regulation (2007:519).
34 § Preferential objector (s) of Attorney, power of attorney shall be filed.
35 § Patentee shall receive a copy of all correspondence from
objector (s). In other respects, the provisions of section 17 of the administrative procedure act
(1986:223). Regulation (1993:1312).
section 36 If a letter has significance in a patentärende will
before the patent has been granted, the applicant shall be informed of
this. The Patent Office shall, except when it is a matter of better right to
the invention, make the sender's attention to the possibility of
make the objection of patents granted. Regulation (1993:1312).
Patent restriction, etc.
paragraph 36 (a) where a request is made at the Patent Office for a patent
shall be limited or suspended in accordance with paragraph 40 (a) patent law
(1967:837), the patentee shall state whether
1. There is an opposition procedure under article 99 of the
the European patent Convention or an action for invalidity
According to § 52 Patents Act relating to patent,
2. There has been a request for limitation or revocation of the
the patent under article 105 (a) of the European
Patent Convention, or
3. the patent is issued, subject to sequestration, taken in claims
by payment assurance or if a dispute over the transfer of
the patent is pending before a court.
Happens something referred to in the first subparagraph 1-3 after a
the request for limitation or revocation has been made in
The Patent Office and before the case is finally settled, the
the patentee shall notify the Patent Office without delay.
Regulation (2007:519).
36 b of the Patent Office may announce further provisions concerning
the content and the handling of the request for limitation of the patent
or revocation of the patent under the patent Act, section 40 (a)
(1967:837). Regulation (2007:519).
The issuing of detailed rules
37 § Pantentverket announce details relating to the patent application and
its processing.
Patent register, etc..
§ 38 Patent register and the register referred to in section 7 are implemented with
the use of automated processing. Records should be kept
available at the Patent Office. Regulation (2007:1120).
38 a of the Patent register contains an indication of the
1. patent issued here in the Kingdom, and
2. European patent has effect here in the Kingdom.
Regulation (2001:774).
38 b of The register referred to in paragraph 38 should give publicity to the
information contained in the records.
In the case of personal data, the records shall be conducted for the
provide data for
1. business, credit, insurance or
other public or private activity where the registered
the information forms the basis for trials or decision,
2. acquisition, lease or disposal of property
registration or of activities related to such
property,
3. the updating, completion or verification of information
contained in the customer or Member Directory or similar
Register,
4. performance of an obligation imposed by an order Sweden
binding international commitments, or
5. activities for which the State or a municipality is responsible according to
the law and
(a)) relating to activities related to property
to be registered,
(b)) to be performed requires access to
registered information, or
c) relating to the performance of the obligation.
Regulation (2007:1120).
38 c § Patent Office is a data controller under the
personal data Act (1998:204) of the records referred to in
38 §. Regulation (2007:1120).
paragraph 38 (d) the Patent Office shall ensure that it does not arise from any
undue intrusion into the privacy of the data subject
or any risks from the point of view of safety. For these purposes,
the work in individual cases set up conditions for the treatment of
personal data. Regulation (2001:774).
38 e § Patent Office may, for the purposes set out in section 38 (b) permit
direct access to the records referred to in section 38.
Regulation (2007:1120).
paragraph 38 (f) the provisions of the personal data Act (1998:204) about
rectification and Indemnity apply to the processing of
personal data under this regulation. Regulation (2001:774).
38 g § To decisions correcting or refusal of
information pursuant to section 26 of the personal data Act (1998:204),
be appealed to the Administrative Court follows from section 22
administrative law (1986:223). Regulation (2001:774).
section 39 in the patent register shall be recorded the particulars referred to in
31 § 1-14. In addition, the data must be entered if
1. the date on which a notice of opposition against the patent has been filed,
2. the date on which the decision about patent law
as amended or if the restriction or suspension of
patent or rejecting an objection, and
3. the date on which the lien granted in patent and application
made concerning the registration and the name and address of panthavarens.
Regulation (2007:519).
section 40 of the European patent shall be entered in the register when it
the European Patent Office has announced its decision to grant the
patent application, if the applicant has given in translation and
paid fee according to paragraph 82 Patents Act
(1967:837). When a European patent is entered in the register,
It should be noted the date of the European Patent Office has
announcing its decision, the date of the translation and fee
According to paragraph 82 Patents Act have been received and
data corresponding to those specified in section 31 and 39 § 3, if
such data is available.
If the European Patent Office has revoked a European
patent or decided to such patent shall be maintained
as amended or restricted, it should be recorded in the
the registry. If the patentee in a case where the patent shall
to be maintained as amended or limited has lodged
translation and paid the fee referred to in section 82
paragraph, the patent law, shall be recorded.
If the European Patent Office in accordance with article 112 a of the
the European patent Convention has eliminated a decision and
it nullified the decision relating to a European patent
in Sweden, the decision shall be recorded in the register.
Regulation (2014:435).
section 41 a proclamation about the decision regarding an objection pursuant to section 25 of the
fourth paragraph, Patents Act shall contain a statement of the patent
number and title of the invention, the patent proprietor's classes,
name and the date of the decision. Regulation (1993:1312).
42 § when the annual fee paid or deferment of the payment of
the annual fee is granted, it is recorded in the register.
The patent expired in accordance with the patent Act, section 51, be recorded in the register of the
date from which the patent expired.
Have petition made pursuant to § 72 patent law of that annual fee shall
considered timely paid, recorded this immediately in the registry. Even
a final decision on the matter shall be recorded.
43 § has someone notified to the Patent Office, he brought an action for patents
invalidity, on the transfer of a patent or for a compulsory license, be recorded
it in the registry.
When the transcript of the final decision or been sent to the Patent Office in accordance with
70 § patent law, it is recorded in the register. When the judgment or decision
become final if such a note, that the main output
the target can be inferred by the registry.
The Patent Office has declared the patent expired in accordance with the patent Act, section 54,
It is recorded in the register.
section 44 a note of release or grant of the patent under the
44 § patent law shall contain the name and address of the holder, and
the changeover date, or leasing. On request, in respect of
the license shall be recorded on the patent holder's right to grant additional license
have been limited. If a question about annotation of transition or grant
not immediately determined, it shall nevertheless be noted in the register to
Note has been requested.
Patents have been imposed, subject to lien or appropriated by
payment assurance, recorded the following notification in the register.
Registration according to § 95 patents law of mortgages on patents shall
include the panthavarens name and address and the date of the deposit charge,
the date of application for registration and the date of the decision on registration.
Amendment concerning the agent recorded in the registry.
The Patent Office has received a notification on transfer of deposit
referred to in paragraph 17 (b) or such a receipt for the new deposit
referred to in paragraph 17 (c), shall note on the transfer
or the new deposit shall be made in the register. Regulation (1991:1331).
Fees
section 45 in the case of an application for a patent shall, in addition to annual fees under section 46,
fees are paid by the amount specified in section A of the annex to
This notice. Regulation (1991:1331).
46 § annual fees for patent applications and patents shall be paid by the
amount specified in section B of the annex to this notice.
Regulation (1991:1331).
47 § in the case of patent is paid fees by the amount
specified in section C of the annex to this notice. Regulation
(1991:1331).
section 47 in respect of supplementary protection shall be paid the fees
amounts indicated in section D of the annex to this notice.
Regulation (2007:253).
48 § fee, which is non-paid on time or paid with insufficient
amount so that the payment cannot be accepted, shall be refunded.
Patent Office announcements
49 § Announcements in the patent is introduced in one of the EPO published
publication.
Special action
50 § an action referred to in paragraph 52 Patents Act
(1967:837) kept by the public prosecutor, unless the Government of
a particular case prescribes a different authority.
The receiving authority for international patent application
section 51 the Patent Office is receiving Agency for international
patent application from applicants who are Swedish citizens or who have their habitual residence in
Sweden or driver operating in Sweden or is a legal entity, that
incorporated under Swedish law. Such applicants may submit international
the patent application also to the European Patent Office.
An international patent application of multiple and is one of the applicants
such natural or legal person referred to in the first subparagraph, applies in
question about the filing what it says.
§ 52 in their capacity as receiving authority will take the Patent Office
receive, verify and forward international
patent applications in accordance with the Convention on the
Patent Cooperation and the arrangements for implementing this.
The applicant shall submit to the Patent Office in its capacity as host
authority to pay
1. the international filing fee referred to in rule 15(1)
in the implementing regulations to the Convention on the
patent cooperation within one month from the date on which the application was received,
2. the search fee referred to in rule 16(1) of the
the said regulations within one month from the date on which the application was
received,
3. the transmittal fee referred to in rule 14.1 of the
the said regulations within one month from the date on which the application was
received, and
4. the fee for the restoration of priority referred to in
rule 26A. 3 (d) of that regulation.
If the fee referred to in the second paragraph, despite the request not to have
been paid within the prescribed time limit, the Patent Office shall submit to the
the applicant within one month from the date the order was sent
to the applicant to pay the missing amount and, if not
applies a fee pursuant to the second subparagraph, 4, a late payment fee.
A fee which has been paid in this way shall be deemed to be
paid on time.
The Patent Office may provide for the size of the
fees referred to in the second subparagraph 2-4 as well as the
late payment fee referred to in the third subparagraph.
Regulation (2007:519).
52 a of the Patent Office makes sure that evidence of past
patent application in the work, in accordance with rule 17.1 (b)
implementing regulations to the Convention on the
Patent Cooperation, is transmitted to the International Bureau as
mentioned in paragraph 17 (b). Regulation (2007:1120).
53 § an international patent application submitted to the
The Patent Office shall be written in Swedish, Danish, Finnish,
Norwegian or English. The application form must be written in
English although the application otherwise is written in something else
language.
If the application is written in a language other than English, the
the applicant to the Patent Office a translation of the application
to the English, in accordance with rule 12(4). (a) in
implementing regulations to the Convention on the
patent cooperation. If such a translation is not submitted
within fourteen months from the international filing date
or the filing date of the application which invoked as
priority submit to the Foundation, the Patent Office may seek to
within 16 months from that date to submit the translation and pay the
a late payment fee equal to 25% of the
the international filing fee referred to in section 52
1. Regulation (2007:519).
54 section Of international patent applications submitted to the
the Patent Office by the particular journal. The registry is not available for
members of the public.
repealed by regulation 55 (2007:1120).
section 56 the Patent Office shall, in accordance with the Convention on the
Patent Cooperation Treaty and the detailed rules for the application of this
forward a received patent to
the International Bureau referred to in section 17 (b), unless
subject to the Act (1971:1078) on defence inventions.
Regulation (2007:1120).
Further international patent application etc.
57 § If an international patent application has been made on other
language than Swedish or English, a translation of the
application is filed at the completion of section 31 of the Patents Act under
(1967:837) and upon such application for review referred to in section 38
first paragraph, the same law. In such a case, paragraph 3 of the third
subparagraph shall mutatis mutandis. The Patent Office shall notify the
provisions on relief for the applicant in the case of translation
in the case of an international patent application only to certain
Some are completed in respect of Sweden. Regulation (2014:435).
section 57 (a), the applicant in respect of an international patent application made
What is according to section 31 of the Patents Act is required for the completion of the application but
the Patent Office has not yet received any notification from
International Bureau that the application has been received there, shall
Patent Office notify the International Bureau accordingly. Regulation (1984:938).
section 58 of the period referred to in section 34 the Patents Act (1967:837) is four
months from the expiration of the time limit for completion of the
international patent application referred to in section 31, first paragraph
patent law. Regulation (2007:519).
58 a of the notification referred to in § 36 first or third
paragraph or section 37 patent law to be sent to the applicant in
registered mail.
paragraph 58 (b) the time limit for making a request for review under paragraph 38
paragraph patent law is two months from the date of the receiving authority
or International Bureau forwarded notification to the applicant of a
decision as referred to in the said paragraph.
Showing the applicant that he has received such a notification referred to in
the first paragraph more than seven days after the date of this notification, the
dagtecknats, extended the deadline with so many days in addition to the seven who have
from dagtecknandet until the applicant received notification.
Journal of European patent applications
59 § Patent Office for a special register of such
European patent applications for which translations
referred to in section 88 patents Act (1967:837) has been received by the
The Patent Office. The registry is available to the public.
In the registry shall be recorded for each application its number when it
the European Patent Office, the name and address of the applicant, and the date
When the translation came in as if the translation has
Proclamation. In other recorded the day which has been established as
filing date of the application, the inventor's name and address,
the title of the invention, the data referred to in paragraph 7 of the
third paragraph 4, 9 and 13 and if the application is a European
divisional application.
In the case of a translation referred to in paragraph 82
patent law, this shall be recorded in the registry as well as on
the translation has been published. Regulation (2014:435).
Translation of European patent and European patent application
60 § a translation referred to in paragraph 82
the Patents Act (1967:837) should be accompanied by an indication of
patent application number, title of the invention, and the applicant's
name and address. A translation shall be filed in accordance with section 82
second paragraph, Patents Act shall be accompanied by a statement
the patent number and patent owner's name and address.
If the provisions of the first subparagraph are not met, any
translation is considered not to have been filed. Regulation (2008:130).
61 § a translation referred to in paragraph 88 the Patents Act (1967:837)
must be accompanied by an indication of the number and the applicant's
name and address. This is not met, any translation
not be deemed to have been filed. Regulation (2007:519).
62 § a proclamation about the translation referred to in paragraph 82 the patent law
(1967:837) must contain the information that must accompany
translation, the title of the invention and an indication of when
the European Patent Office announced its decision to announce
the patent, upholding it as amended or restrict it.
An announcement about the translation referred to in paragraph 88 the patent law
must contain the information that must accompany the translation;
indication of what such an invention referred to in the translated
claims relating to, the application filing date and, if
priority claimed, discloses information about it and about the date of filing of the
the application invoked as the priority.
Regulation (2007:519).
repealed by regulation 63 (2014:435).
64 § fee for the Patent Office, publication of a
translation according to § 82 Patents Act (1967:837) is payable
with the same amount that applies to the notification fee pursuant to § 19
the second paragraph of the same law. Regulation (2014:435).
The receipt of European patent application
section 65 of the European patent application filed with the Patent Office,
shall work in accordance with rule 35(2) and rule 35(3) of
implementing regulations to the European
Patent Convention specify income day on the application documents,
provide the applicant with proof of receipt of the documents and
inform the European Patent Office.
The Patent Office shall, in accordance with article 77 of the European
EPC and rule 37 of the regulations
This transmit the application to the European Patent Office,
subject to the Act (1971:1078), if
defence inventions. Regulation (2007:519).
Conversion of European patent application
66 section is received by the Patent Office European patent application transmitted
According to article 136 of the European patent Convention, the Patent Office
as soon as possible, inform the applicant accordingly.
Application fee and translation referred to in paragraph 93
Patents Act shall be the Patent Office within three months from the
the applicant receiving the information referred to in the first subparagraph.
The application fee is calculated as of the application according to section 8 of the patent Act.
Supplementary protection certificate
67 § An SPC application or extension of validity period
for an application fora certificate or when referred to in § 105 Patents Act
(1967:837) should be written in Swedish or English.
The Patent Office may notify additional regulations on
the contents of and the processing of an application in respect of
additional protection under patent Act, section 105. Regulation (2014:435).
section 68 in the patent register shall be recorded
1. information that has been published pursuant to articles 9(2), 11 and 16
in Council Regulation (EEC) No 1768/92 of 18 June 1992 on the
the creation of a supplementary protection certificate for medicinal products,
2. data which have been published pursuant to articles 9(2), 11 and 16
in European Parliament and Council Regulation (EC) No 1610/96 of the
23 July 1996 concerning the creation of a supplementary protection certificate for
plant protection products, and
3. when the annual fee has been paid under paragraph 105
patent law. Regulation (1997:42).
Transitional provisions
76 section this notice comes into force on January 1, 1968.
By Decree repeals Decree on december 31, 1895
(# 105, s. 1), regarding the nature of the documents, as in
patent filed and the announcement on 18 november 1898
(nr 99 p. 12) on the patent register Chairman m. m.
Regulation (1993:1312).
Annex
Fee list
Title A Crowns
Application fee according to section 8 of the patent Act for the fifth subparagraph of
Swedish patent application, consisting of
a) registration fee 500
(b)) the examination fee 2 500
c) additional fee for each claim in excess of 10-150
Application fee according to section 8 of the patent Act for the fifth subparagraph of
further international patent application under section 31 of the first
paragraph patent law or review of such an application in accordance with
paragraph 38 patent law, consisting of
a) registration fee 500
(b)) the examination fee 2 500
c) additional fee for each claim in excess of 10-150
Special fee in cases where the
1. application completed according to section 31 of the Patents Act first subparagraph
and includes invention which has not been the subject of either
international search or international
preliminary examination, and either 36 or
37 § patent law applies, or
2. application completed according to section 31 of the Patents Act second subparagraph
and includes invention which has not been the subject of
international preliminary examination and
Neither 36 or 37 § patent law applies 3 000
Additional fee for the additional period referred to in the third subparagraph of section 31
patenlagen 500
Fee to the Patent Office under the patent Act, section 36 or 37 1 000
Reinstatement fee referred to in paragraph 15, third subparagraph
or paragraph 19 patent law 500
Communication charge according to § 19, second paragraph
patent law and charge according to § 82 that law:
Basic fee for publication 1 400
– additional fee for publication of each
stub page that the application includes, in addition to eight
pages (number of pages is calculated after
publishing format) 175
-additional fee for each claim which has
added after the filing date, if
the number of requirements, thus exceeding the number that
application fee has been paid for 150
Fee for specific release under section 22 of the fifth
paragraph patent Act 500
Fee for change of translation that has been given
According to section 60 900
The legend according to § 72 Patents Act 1 000
Fee in accordance with paragraph 88 patents Act 500
The registration fee under section 104 Patents Act 500
Title B
Annual fees for patent applications and patents shall be paid by
the following amounts
Year Sek
1 300
2 450
3 550
4 1 000
5 1 300
6 1 600
7 1 800
8 2 200
9 2 500
10 2 800
11 3 100
12 3 400
13 3 800
14 4 100
15 4 400
16 4 700
17 5 000
18 5 400
19 5 700
20 6 000
An annual fee, as referred to in the third subparagraph of section 41 or 42 § third
paragraph patent law is paid later than when it was due
payment shall be increased by 20 per cent.
Heading C
In cases if the patent expires the following fees
SEK
The legend according to § 72 Patents Act 1 000
The registration fee under section 104 Patents Act 500
Recordal application
of new or changed holders 500
av licens 500
of address change 500
The request for limitation or revocation of the patent
According to 40 a of the patent Act 8 500
Section D Crowns
Fee for the application for a certificate under section 105
first paragraph, Patents Act 5 000
Fee for application for extension of period of validity of
a supplementary protection certificate as provided for in paragraph 105
patent law 3 000
Annual fees for a certificate under section 105
paragraph, the patent law, for each started year 10 000
Regulation (2014:435).
Transitional provisions
1978:151
1. This Regulation shall enter into force on June 1 1978 except as regards
section 17 of the second, third and fourth subparagraphs. The said provisions shall enter into
force on 1 January 1978.
2. the patent application Shall be dealt with and determined in accordance with the patent law of its
version prior to 1 June 1978, apply in respect of such application
the proclamation in its older version.
3. in the case of the other before the entry into force made patent application than such
referred to under 2 shall apply to the following.
2, 9, 10 and 16 §§ shall apply in their older version instead of 2,
10, 11 and 17 of their new version.
Printing fee which is applicable under section 20 of the patent act as in force prior to the
on 1 June 1978, consists of the basic fee and the additional fee calculated on the
the same way and by the same amount that the basic fee for printing and
the extra charge for printing that is included in the lay contribution under the
new section 45.
4. applications submitted before the entry into force, without prejudice to
paragraph 24 is considered induced by partition or secession.
5. in the case of secondary patents which have been granted in accordance with the patent law of its
version prior to 1 June 1978 continues the older rules will apply.
6. section 51 Shall apply in respect of the patent Patents Act as amended
before 1 January 1978 for such patent 45, 51 and 52 of
their older version instead of 42, 47 and 48 of their new version.
7. European patent application which has been converted in accordance with paragraph 5 of
entry into force and transitional provisions to the Act (1978:149) if
amendment to the patent law, shall for the purposes of this notice are considered to
as with the European patent application which has been converted in accordance with § 93
patenlagen. In the case of fee and translation provided for by that
paragraph owns 66 paragraph apply.
1983:435
1. This Regulation shall enter into force on 1 October 1983.
2. in the case of such a patent application for the 8, 22 and 56 §§
patent law must be applied in its older version in terms of section 17 of the second,
the third and fourth subparagraphs shall apply in their older version instead
17 (a), 17 (b), 17 (c), 25 (a), 25 (b), 25 c and 25 d sections. Notwithstanding
now, however, is said to be 25 a, 25 c and 25 d apply instead of section 17
fourth paragraph of its older version when it comes to production that using
support the sixth paragraph of section 22 of the Patents Act get samples from such a
replacement deposit referred to in paragraph 3 of the entry into force and
the transitional provisions of the law (1983:433) amending the Patents Act
(1967:837).
3. such a replacement deposit as referred to in paragraph 2 of the entry into force-
and transitional provisions to the Act (1983:433) amending the
the Patents Act (1967:837) shall be made in the form of a security deposit referred to in
Budapest Treaty.
Have the culture to be replaced ceased to be viable or can
the other reason the test not be provided from it, shall
replacement deposit made within three months from the day
the applicant had knowledge that the trial can no longer be provided. In
otherwise, the replacement deposit may be made at any time. Depositor with
shall, within four months from the date the replacement deposit was made,
to the Patent Office filing proof of it, as well as a written declaration to the
the Patent Office that the deposit is made up of the same microorganism
as the previous deposit. Have a replacement deposit has been made in
prescribed order, it shall be recorded in the patent register, if
the deposit belongs to a patent.
4. With the "contribution" in section 46 shall mean the same as "patentår" in
the paragraph in its older version when it is a matter of such patents for
which the provisions of the patent Act if the annual fees for patents are valid in
its wording before 1 October 1983.
1984:938
This Regulation shall enter into force on 1 January 1985, except in the case of 46
§ the first paragraph. That provision shall enter into force on 1 February
1985.
The new amounts in paragraph 46 also applies to the annual fees for
contribution years beginning before the entry into force, if the fee due
payment after that time. Have the annual fee of advances under
What thereupon is provided before the regulation was released from pressure, shall
previous fee amounts apply.
1991:1331
This Regulation shall enter into force on 15 november 1991.
The new regulations in the annex, section B, also apply to
annual fees for fee years begun to run prior to the entry into force, if
the fee falls due for payment after that time. If the annual fee is
paid in advance, according to what is prescribed, before the regulation
entered into force, the older regulations.
1993:1312
1. This Regulation shall enter into force on 1 January 1994.
2. in the case of patent applications that have been approved for exposition
before the entry into force-21-23, 25, 30-33, 36, 39 and 41 of its
older version.
2001:128
This Regulation shall enter into force on 15 april 2001.
The provisions of section B and D of the annex also applies
annual fee for fee years begun to run prior to the entry into force of
the fee falls due for payment after that time. If
the annual fee has been paid in advance, however, older
regulations.
2003:1071
This Regulation shall enter into force on 1 January 2004. In the case of
international patent application for which the international
the filing date shall be 1 January 2004 or later
case 52 and 53 of their new version. In the case of
international patent applications filed before 1
January 2004 but for which international filing date
established on 1 January 2004 or later comes to 52 and
53 of their older version.
2006:1067
1. This Regulation shall enter into force on 1 October 2006.
2. in the case of patent applications that have been made or completed
in the Patent Office before the entry into force for older
provisions.
3. Older provisions also apply for patent applications
before the entry into force have been submitted to the Patent Office in connection
with review under paragraph 38 Patents Act (1967:837).
2007:519
1. this Regulation shall enter into force on 13 december 2007 in case
about 40, §§ 62 and 65, on July 2, 2007 in the matter of the annex to
the notice and otherwise on 1 July 2007.
2. The new provisions shall, subject to paragraph
3, also apply to patents granted or applied for prior to
the entry into force.
3. for the processing and settlement of patent applications
made before the entry into force applies to paragraphs 5 and 7, paragraph 21
subparagraph, paragraph 25 and paragraph 8 of 31 older
version.
2008:130
1. This Regulation shall enter into force on 1 May 2008.
2. The new provisions shall apply to the European patent
the announcement that the patent granted
published in the European patent Bulletin after the
the entry into force.
2009:1155
1. This Regulation shall enter into force on January 1, 2010.
2. the provisions of section B of the annex also applies
annual fee for fee years begun to run prior to the entry into force
If the fee becomes due after that date. If
the annual fee has been paid in advance, however, older
regulations.
2011:449
This Regulation shall enter into force on July 1, 2011. Older
rules are applied for patent applications received
before the entry into force.
2012:620
1. This Regulation shall enter into force on 1 January 2012.
2. Older regulations apply for annual fees paid prior to
on december 1, 2012.
2014:435
1. This Regulation shall enter into force on 1 July 2014.
2. in the case of a Swedish patent application that has been made, a
international patent application that has been completed and a
European patent application which has been converted before
entry into force for 2, 3, 5, 7, 17, 17A, 17 c, 21, 25 and 25
b, 31, 50, 57 and 67 of its older versions. 26 section shall
do not apply in respect of such applications.
3. in the case of a European patent application for which the
the European Patent Office has established a filing date which
is before the entry into force applies to 40, 59 and 64 sections and
the annex to the notice of their older versions as well as the
repealed § 63. The same applies in the case of a European
patents for which the European Patent Office before the
entry into force has announced its decision to grant the
patent application.
