Chapter 1.



General provisions



§ 1 the person who has made an invention, that is available to be used

industrial, or inventor's right was

released may, according to 1-10. This Act, upon application

granted patent for invention in Sweden and thus get

the exclusive right to commercial use of the invention. Provisions

If the European patent is in Chapter 11.



That an invention is deemed never to what is merely



1. discoveries, scientific theories and mathematical methods



2. an artistic creation,



3. a scheme, rule or method for performing mental acts,

playing games or doing business, or a computer program, or



4. a presentation of the information. Law (2007:516).



1 a of the patents granted not on plant varieties or animal breeds.

A patent can, however, be notified of an invention relating to plants

or animals, if the feasibility of the invention is not technically

confined to a particular plant variety or animal breed. What is meant

with the plant variety is shown in Chapter 1. paragraph 3 of the växtförädlarrätts Act

(1997:306).



Patents will not be notified of an essentially biological process

for the production of plants or animals. With substantially

biological process for the production of plants or animals

refers to a procedure as a whole consists of natural

phenomena, such as crossing or selection. The patent, however, can be communicated to

on an invention concerning a microbiological process or

another technical procedure or by such a procedure

produced works. With the microbiological processes referred to a

operation carried out on microbiological material or by

which such material is used or produced.



An invention may be patentable even if it relates to a subject matter

consisting of or containing biological material or a

process by means of which biological material is produced,

processed or used. A biological material which is isolated

from its natural environment or produced by means of a technical

procedure, may be the subject of an invention even if it

already occurs in nature. Biological material includes

material containing genetic information and capable of

reproduce itself or can be reproduced in a biological

System. Act (2004:159).



1 b of the human body at the various stages of its formation and

development, and the simple discovery of one of its

elements, including the sequence or partial sequence of

a gene, cannot constitute a patentable invention.



An element isolated from the human body or other

way by a technical procedure produced,

including the sequence or partial sequence of a gene, may

constitute a patentable invention, even if this element

structure is identical to that of a natural

element. Act (2004:159).



1 c § Patent is not notified of an invention whose professional

exploitation would be contrary to ordre public or morality.



The exploitation shall not be deemed to be contrary to public policy

merely on the ground that it is prohibited in

law or regulation.



For the purposes of applying the first subparagraph shall include the following

considered to be contrary to public policy or morality,



1. processes for cloning human beings;



2. processes for modifying the genetic identity of

Human sex cells,



3. uses of human embryos for industrial or

commercial purposes, and



4. procedures for modifying the genetic identity

in animals that may cause them suffering, without entailing

any substantial medical benefit to humans or animals.



What is said in the third paragraph 4 If a proceeding for modification of

the genetic identity of animals have the corresponding application

on animals produced through such a procedure.

Act (2004:159).



1 d § patents granted not on such a procedure for surgical

or therapeutic treatment or diagnosis that

shall be practiced on humans or animals. The patent, however, can be communicated to

on the alster, including substances and mixtures of substances, for

use in a procedure of this kind. Law (2007:516).



section 2 of the Patent only on an invention that is new in

compared to what has come to be known before the date of

patent application and also significantly different from there.



That name is considered everything that has become widely available, whether

This occurred through writing, lecture, use or in any other

way. Although the contents of an earlier patent application prior

that day made in Sweden is considered to be known, if this application

becomes generally available under section 22. The condition in the first

paragraph, that the invention substantially different from what

that become known before the date of the patent application, does not

in relation to the contents of such an application.



Provide that, for the purposes of the second subparagraph, the application

referred to in Chapter 3 or 11. in some cases this has the same effect as

an application for a patent made in Sweden, see 29, 38 and 87 sections.



The condition laid down in the first paragraph, that the invention must be new,

does not preclude the patent of a known substance or a

known mixture of substances for use in a procedure

referred to in paragraph 1 (d), if the use of the substance or the mixture of

subjects are not famous by any such procedure. Condition

does not prevent the patent of a known substance or

a known mixture of substances for a specific use in a

procedure referred to in paragraph 1 (d), if such use is not

known.



Patents may be notified even if the invention within six months

before the patent application was becoming widely available



1. as a result of evident abuse in relation to

the applicant or someone from which he derives his right,

or



2. by the applicant or someone from which he derives

his right presented the invention of such official or

officially recognised international exhibition referred to in the in

Paris on 22 november 1928 ended the Convention on

international exhibitions (SUN, 1996:30). Law (2011:580).



3 §/expires U: 2016-01-01/

The exclusive rights conferred by a patent means, with the exception

as noted below, that no one without the patent owner's consent may

exploit the invention by



1. from making, offering, bring to market or use a

proprietary subject matter or bringing in or possessing such

works for any of these purposes,



2. use a patent or, if he or she

knows or it is obvious in the circumstances to

process is prohibited without consent,

offering it for use in Sweden,



3. offering, bring to market or use a works

have been manufactured according to the patented process or bring

in or possession of the product for any of these purposes.



Exclusive right also means that no one without the patent owner's

consent may exploit the invention by offering or

provide someone who is not entitled to exploit

the invention of such a means to exercise it in Sweden as

relating to any material of the invention, if the

offering or providing agent knows or it

to the circumstances, it is clear that the product is suitable and

intended to be used in the practice of the invention. Is the product a

be that generally occur in trade, however, applies only to

If the offering or providing Agent tries to

affect the recipient of such an act referred to in the first

paragraph. On the application of the provisions of this paragraph

the exploiting the invention in the manner stated in the

third paragraph 1, 3, 4 or 5 shall not be considered to have the right to use

the invention.



From the exclusive right shall be exempt



1. copyright protection which are not professional,



2. copyright protection of a patent protected subject-matter which has been put on the

the market in the European economic area by

the proprietor of the patent or with his consent; in the case of biological

This also applies to material exploitation in the form of reproduction

or reproductions of works where the reproduction or

reproduction is a necessary step in the use of

what the biological material has been put on the market,

provided that the product obtained not later

used for further reproduction or multiplication,



3. copyright protection of an invention for experimental purposes relating to the

the invention,



4. studies, trials, tests and practical measures

relating to a reference medicinal product, to the extent

These are necessary in order to obtain a marketing authorisation

of a drug pursuant to section 8(a) of the medicines Act

(1992:859) or in other procedures for approval

based on article 10.1-4 of the European Parliament and of the Council

Directive 2001/83/EC of 6 november 2001 on the

Community code relating to medicinal products, as last amended by

European Parliament and Council Directive 2004/27/EC, or

Article 13-13.5 in European Parliament and Council directive

2001/82/EC of 6 november 2001 on the

Community code relating to veterinary medicinal products, as last

amended by European Parliament and Council Directive 2004/28/EC,



5. preparations in pharmacies of medicine according to the doctor's

the prescription in the case or action with medicines

have been prepared in such cases. Law (2006:254).



3 section/entry into force: 01/01/2016

The exclusive rights conferred by a patent means, with the exceptions set out below, that no one without the patent owner's consent may exploit the invention by



1. from making, offering, bring to market or use


the patented subject matter or bringing in or possessing such work for any of these purposes,



2. use a patent or, if he or she knows or it is obvious in the circumstances that the procedure may not be used without the patent owner's consent, offering it for use in Sweden,



3. offering, bring to market or use a subject-matter which has been manufactured according to the patented process or bring or possess a product for any of these purposes.



Exclusive right also means that no one without the patent owner's consent may exploit the invention by offering or providing any who do not have the right to exploit the invention such a means to exercise it in Sweden relating to any material of the invention, if the offering or providing agent knows or it is obvious in the circumstances that the medium is adapted and intended to be used in the practice of the invention.

Is the product a product that generally occur in trade, however, applies only if the offering or providing agent trying to influence the recipient to such an act referred to in the first subparagraph. On the application of the provisions of this paragraph shall the exploiting the invention, as is said in the third paragraph 1, 3, 4 or 5 is not considered to be entitled to exploit the invention.



From the exclusive right shall be exempt



1. copyright protection which are not professional,



2. copyright protection of a patent protected subject-matter which has been put on the market within the European economic area by the proprietor of the patent or with his consent; in the case of biological material, this applies also as exploitation in the form of the reproduction or reproductions of the work when the reproduction or multiplication is a necessary part of the use for which the biological material was marketed, provided that the product obtained is not subsequently used for further reproduction or multiplication,



3. copyright protection of an invention for experimental purposes relating to the invention,



4. studies, trials, tests and practical measures related to a reference medicinal product, to the extent that these are necessary in order to obtain a marketing authorisation for a medicinal product in accordance with Chapter 4. section 13 medicines Act (2015:315) or other approval procedures based on article 10.1-10.4 in European Parliament and Council Directive 2001/83/EC of 6 november 2001 on the Community code relating to medicinal products for human use, in the wording pursuant to European Parliament and Council Directive 2004/27/EC, or article 13(1) of Directive 2001/82/EC of 6 november 2001 on the Community code relating to veterinary medicinal products , in the wording in accordance with European Parliament and Council Regulation (EC) no 596/2009, or article 13(2) – 13(5) of Directive 2001/82/EC, in wording pursuant to European Parliament and Council Directive 2004/28/EC,



5. preparations in pharmacies of medicines under doctor's prescription in individual cases or measures of medicinal products which have been prepared in such cases. Law (2015:317).



3 a of the exclusive rights conferred by a patent on a biological

materials, which, owing to the invention has certain characteristics,

includes all biological materials in identical or

differential form with these characteristics obtained from the

biological material through propagation or multiplication.



The exclusive rights conferred by a patent on a process that makes it

possible to produce a biological material, which because of

the invention has certain properties, includes, in addition to the

biological materials with these properties directly obtained

through this procedure, all other biological material in

identical or differential form with the same characteristics as

through propagation or multiplication is obtained from the first

obtained biological material.



The exclusive rights conferred by any patent on a subject matter that contains

or consisting of genetic information includes, with the exception of

such as referred to in paragraph 1 (b) does not constitute a

patentable invention, all material in which the product

incorporated and in which the genetic information is contained

and the exercise of their function. Act (2004:159).



3 b of the Transfer of the patent or with his consent

plant propagating material to a farmer to

exploited in agriculture, sheep farmer, derogation from 3 to

3 a section, use the harvest for propagation or multiplication in

their own agriculture. The scope and terms of this

exceptions to the patent owner's exclusive right, under article 14 of the

Council Regulation (EC) No 2100/94 of 27 July 1994 on

Community växtförädlarrätt5 and of the

detailed rules have been issued with the support of

article.



Leave the proprietor of the patent or with his consent

breeding animals or other animal reproductive material to a

farmers, he may, notwithstanding the provisions of paragraphs (3) and 3 (a), use

the animal or the other material for agricultural purposes in their

agricultural activities. The farmer must not, however, sell protected

animals or other material in the course of or for the purpose of

carry out a professional reproduction activity.



The farmer's right under the second subparagraph shall not be exercised in

broader than what is reasonable with regard to the

the farmer's needs and the patent owner's interests.

Act (2004:159).



section 4 of The who used the invention professionally here in the Kingdom when the application

If patent relatively was may notwithstanding the patent to continue the exploitation

while maintaining its universal character, if use non included

evident abuse in relation to the patent applicant or someone from

which he derives his right. Such right of exploitation, there is

under the corresponding conditions also taken substantial

measures to exploit the invention professionally here in the Kingdom.



The right referred to in the first subparagraph may be released for other only together with

movement, wherein the raised or exploitation intended school take place.



5 § Notwithstanding the patent invention may be exploited on foreign vessels,

aircraft or other foreign means of transport for their needs, when it

temporarily entering the Kingdom at regular traffic or otherwise.



The Government owns an order, that spare parts and accessories for aircraft

Notwithstanding the patent may be introduced to the Empire and used it for

repair of aircraft, resident in a foreign State in which the

the corresponding benefits medgivas for Swedish aircraft. Law (1977:700).



5 a section/entry into force I:den day Government/

When the Court referred to in paragraph 93 hears cases on

European patent referred to in paragraph 80, the

articles 25 to 30 of the agreement on a unified patent jurisdiction which

law in this country in respect of which the acts covered by the

the exclusive right and sole commercial restrictions. Articles concerning

in the original wording of the texts. Original texts have the same

validity.



Articles 25 to 30 of the original text is accompanied by a

Swedish translation as an annex to this law.

Law (2014:434).



section 6, an application for a patent for an invention, which within 12

months before the date of filing referred to in paragraph 8(c) or 8(d) has

specified in a previous application for a patent in Sweden, at

the application of paragraph 2 of the first, second and fourth paragraphs and paragraph 4 of the

considered made at the same time as the previous application, if the applicant

requests in accordance with 6 a-6 e § § (priority). The same

case of an application for a patent for an invention, which within 12

months before the filing date was specified in an earlier

application for patent, uppfinnarcertifikat or protection

utility model either in a foreign State which is connected

to the Paris Convention of 20 March 1883 for the protection of the

industrial property (SUN 1970:60), or of a State

is connected or an area that is attached to the agreement on the

the establishment of the World Trade Organization (WTO). Such

priority may be enjoyed also from an application for protection

refers to any other State or any other area, whether

the corresponding priority from a Swedish patent application granted where

the previous application made and on which the current legislation

substantially consistent with the Paris Convention for the protection of

industrial property rights. Law (2014:289).



section 6 (a) If the applicant wishes to claim the priority of one previous

application, the request is submitted within 16 months from the

the filing date of the application which invoked as

founding of priority or, if that date is later,

within four months from the date of filing referred to in paragraph 8(c) or 8(d)

for the latest application. If priority is claimed, the applicant shall

provide information on where and when the referenced application was

and, if this is an international application, the

the receiving authority it was given in to. The applicant shall also, so

soon as possible, state the number of the previous application.



The applicant may, within the period and under the conditions

specified in the first paragraph, make a change to a request for

priority through a notification to this effect to the Patent Office.

If the change means that the date of filing of the application

claimed as priority Foundation becomes an earlier date than the

originally relied on the filing date, the new

the filing date shall apply for the purposes of the first subparagraph.



In the case of an international patent application under 3

Chapter, priority may be requested in the application itself or within the time

mentioned in the fourth paragraph. The applicant shall at the same time leave


details of where and when the referenced application was made and

its numbers and, if this is an international application,

the receiving authority it was given in to.



For such an application referred to in the third paragraph applies to

the applicant may make a request for a change in priority by

a notification to this effect to the receiving authority or the

the International Bureau referred to in section 35. If the change involves

that the applicant requests priority from another application than that

originally put forward in the notification, the applicant shall submit the

details of the application referred to in the third subparagraph. Such

the notification shall be submitted within 16 months from the filing date of the

the application invoked as the priority. If

the change means that the filing date becomes an earlier date than

It originally relied on the filing date, the registration

be made within 16 months from the new filing date. The applicant

have, however, always have the opportunity to make a notification of change in

four months from the international filing date.



If multiple inventions is described in the basic documents and the

the application is divided according to the regulations issued on the basis of

section 11, should a request for the priority of the original

the application also apply to a new application that is generated by

the split.



A request or notification as referred to in the first to fourth paragraphs may

not be made where the applicant has requested earlier publication

According to the third paragraph of section 22. Law (2014:289).



6 b of an applicant who has requested priority shall, within 16 months

from the date from which priority is claimed to give the following

documents to the Patent Office in respect of the previous

the application.



1. Proof of applicant's name and if the filing date

issued by the authority that has received the application.



2. One of the same agency a certified copy of the application.



If the certificate or the copy has not been received within the time

specified in the first paragraph, the Patent Office shall notify the

the applicant and shall give him an opportunity to submit documents within

two months from the date of notification.



The certificate or the copy need not be filed if the earlier

the application has been submitted to the Patent Office. Law (2014:434).



6 c § in the case of an international patent application under the

Chapter 3., the second-fourth paragraphs with respect to an applicant's

obligations under paragraph 6 (b).



The applicant shall submit the evidence referred to in paragraph 6 (b)

1 only if the patent authority submits the applicant to do so.



Instead, the applicant may pursuant to rule 17(1) of

detailed rules for the application of it in Washington on June 19,

1970 ended the patent cooperation provide the copy of the

the previous application to the specified in § 35 international

Bureau or to the receiving authority, or request that

It is transmitted to the International Bureau according to the same rule.



If a copy of the earlier application has been submitted to the

International Bureau, in accordance with the rule set out in the third

paragraph, the Patent Office may require a copy and a

translation of such copy only in accordance with rule 17(2)

in the detailed rules referred to in the third subparagraph.

Law (2007:516).



6 d § priority can be based only on the first application

the invention is specified in.



If the person who has made the first application or his or her

rightsholders subsequently to that authority has lodged an

the application relating to the same invention, the later application

claimed as priority. However, this applies only if the

previous application when the later application is filed



1. has been revoked, withdrawn or rejected without having

become widely available and



2. leaves any right based on it, or has

formed the basis for any right of priority.



If anyone has a priority because of a later application

According to the second subparagraph, the earlier application is no longer

be invoked as a basis for priority. Law (2007:516).



section 6 (e) an applicant may receive priority for part of an application.



Priority can be claimed for the same application from several

previous applications. This also applies if the previous

the applications relate to different countries. Act (2000:1158).



6 f § Government or, after the Government's authorization,

the Patent Office provides



1. the form in which a request for priority must be produced,



2. the form in which evidence and copies referred to in paragraph 6 (b) shall be given

check-in.



The Government or, by authority of the Government,

the Patent Office may provide for derogations in certain cases from the

requirement of 6 b-6 c section to submit evidence and copies.

Act (2000:1158).



6 g § If regulations in 6 a-6 e sections are not observed, do not apply

right of priority. Act (2000:1158).



Chapter 2. Handling of Swedish Patent

Law (1993:1406).



section 7 Of the Patent Office referred to in this law, the Patent Office here in

the Kingdom, unless otherwise stated. Patent Office here in Sweden is the Swedish patent and

Registration Office. Lag (1978:149).



section 8, an application for a patent shall be filed at the Patent Office

or, in the cases referred to in Chapter 3., in the Patent Office of a

foreign State or of an international organization.



The application shall include a description of the invention,

including even drawings if necessary, as well as certain

information on the patent applied for protected by

(patent claims). The fact that the invention relates to a

chemical compound does not confer a specific use must

specified in the patent claim. The application shall contain an indication of the

the invention is susceptible of industrial application, if it is not

follows from the nature of the invention. If the invention relates to a

sequence or partial sequence of a gene, it should, however, always

specified in the application how the invention is available to be used

industrial. The description of the invention must be sufficiently

clear that a professional with the leadership of the exercise

the invention. An invention relating to a biological material

or involves the use of such materials shall, in the cases

as specified in paragraph 8 (b) sufficiently clearly identified only

also, if the conditions of that paragraph are fulfilled.



The application shall also include a summary of the

the description and the claims. The digest is intended only

to provide technical information about the content of the patent application and

must not be accorded importance in any other respect.



The applicant shall provide an indication of the inventor's name and address in

the application. If a patent is applied for by someone other than the inventor, the

the applicant to specify the basis for their right to the invention in

the application. The Patent Office shall accept the task, if it is not

There is particular reason to doubt that it is real.

The Patent Office shall send a notice of the application to the

the applicant as inventor, unless this is

clearly unnecessary.



The applicant shall pay an application fee. For the application to be

the applicant also pay an annual fee for each contribution that

starts before the application has been finally determined.



A contribution under this law covers a year and counts

from the date of filing referred to in paragraph 8(c) or 8(d) and then from

the corresponding day in the calendar. Law (2014:289).



8 a of the Description, claims and abstract in a

the patent application must be written in Swedish or English, if

subject to regulation.



The application shall state whether the patent should be given in Swedish or

English version. Law (2014:289).



8 (b) § If an invention relates to a biological material which neither

is generally available, or in the application documents,

be described so that a person skilled in the art on the basis of these can exercise

the invention, or if the invention involves the use of a

such material, the biological material shall be deposited

the latest on the day on which the application is made. The biological material shall

It then continuously be deposited so that the under

This law is eligible to receive a sample of the material can have their

samples supplied in Sweden. The Government prescribes where

deposits may be made.



Ends a deposited biological material to be viable

or for any other reason can test not be provided from

the material, it may be replaced by a new deposit of the same

biological material within the time and in the order in which

the Government provides. Has so happened, the new

the deposit is considered to be made already on the date of the previous

the deposit was made. Law (2014:289).



8 c § date of filing of a patent application is the date on which the

the following information was given:



1. an explicit or implicit indication as to what

submitted is an application for a patent,



2. information that makes it possible for the Patent Office to

determine who the applicant is and contact him, and



3. something that appears to be



a) a description of the invention, or



b) drawings relating to the invention, or



4. a reference to an earlier made the patent application and, if

This application has not been made to the Patent Office, a copy of

application as well as an indication of its filing date, the number and the

the Patent Office has been submitted.



If the requirements for deciding a filing date in accordance with the first

subparagraph are not met and the Patent Office has information

that makes it possible to contact the applicant, shall

the applicant to the Patent Office, without delay, submit to the

remedy the deficiencies within two months from the date of

the injunction.



If the deficiencies are not remedied within the prescribed time,

a patent application is considered not to have been filed and the case closed.

The same applies if an order has not been given and

the deficiencies are not remedied within two months from the date of

any of the information referred to in the first subparagraph.

Information about the consequences of the deficiencies are not remedied

shall be provided in the notice.



If the deficiencies are remedied within the time limit referred to in the third


subparagraph, as the filing date of the patent application shall apply the

day on which all the deficiencies have been remedied, subject to the

follows from paragraph 8 (d). Law (2014:289).



paragraph 8 (d) If the Patent Office examination under section 8 c finds

the missing part of the description or a drawing to

referred to in the description or the claims, the

the applicant be required to supplement the documents within two

months from the date of the notice. If supplementing with

such omitted parts is made within the prescribed time,

that filing date apply to the later date of completion

been made, subject to the second and third

paragraphs. The same applies if an order has not been given

and an addition has been made within two months from the date of

any of the information referred to in paragraph 8 (c) was filed.



If the completed portions of an application be withdrawn within one month

from there they were given in accordance with the first subparagraph, it shall

original filing date of an application shall apply.



If the completed parts of the application has been submitted in accordance

with the first subparagraph, the original filing date

apply if



1. the priority of a previous application is claimed and the

complementary parts of a whole is evident from the previous

the application and



2. the applicant requests it and he or she gives a copy of the

the earlier application within the time limit referred to in the first

paragraph.



A copy referred to in the third paragraph 2 need not be submitted if

the earlier application has been submitted to the Patent Office.

Law (2014:289).



section 9 If the applicant so requests and pay a special fee, shall

the Patent Office on the condition the Government allow the application

be the subject of such examinations at international

Searching Authority referred to in article 15(5) of that in Washington

on June 19, 1970, completed the patent cooperation.



section 10 of the same application may not be applied for patents on two or more

inventions, which are independent of each other.



11 § Wanted patent on invention as set out earlier by the applicant

filed patent application any non-final settlement, the latter

the application of the terms the Government is considered to be made by the

date on which the documents of which the invention is apparent from inkommo to

the Patent Office, the applicant seeks the. Act (1977:700).



section 12 of the Patent Office may submit an applicant who does not have

resident in Sweden to individually set a delegate with competence

to receive notification of the case and a resident here in the country,

and to notify the Registrar of the authority. If the applicant does not

follow the order, get the service done by action

sent by mail to the applicant during his/her last known

address. Notification shall be deemed to have occurred when this has been

completed. Act (2000:1158).



paragraph 13 of the application for a patent may not be amended in such a way that a patent is sought

on something that was not clear of the application on the filing date.

Law (2007:516).



14 repealed by law (2007:516).



section 15 where the applicant, in cases other than those referred to in 8 c and 8 d sections,

has failed to comply with what is required if the application or the

the Patent Office finds that there is something else that

to prevent the application, the applicant shall be submitted within

some time give an opinion or take corrective action. In the abstract

However, the Patent Office may, without hearing the applicant, make the

changes which it considers necessary.



If the applicant fails within the prescribed time coming in with opinion

or take action to remedy observed deficiencies, shall

the application closed. An indication of this must be provided in

the injunction.



A dismissed application shall be resumed if the applicant, within four

months after the end of the prescribed period comes in with opinion

or take action to remedy the deficiencies and in the same

time to pay a reinstatement fee.



If the applicant does not pay the annual fee in accordance with 8, 41 and 42 sections,

should the application be cancelled without prior notice. A

application that has been transcribed on this basis shall not

resume. Law (2014:289).



16 § Exists even after the opinion made obstacles to be

the application and the applicant has had the opportunity to express its opinion on the barrier,

should the application be refused, if reason not appearing to give the applicant

new injunction.



section 17 States someone before the Patent Office better rights to the invention

than the applicant and the matter is in doubt, the Patent Office shall submit to the

him to bring proceedings before the Court within a certain time at adventure that

the claim may be disregarded at the patent application further

trial.



Is the dispute about the better right to the invention pending before court, MO

patent application in abeyance in avbidan on to final judgment

avgöres.



section 18 of the show before the patent authority that he has better right to

the invention than the applicant, the Patent Office shall transfer the application

on him, if he seeks it. The patent application transmitted on

shall pay a new application fee.



Demanded the transfer, may be refused or cancelled, the application must not

until the claim is finally tested.



Article 19 If the application is complete and there are no obstacles to the

patents, the Patent Office shall notify the applicant that the

patents can be granted.



Within two months from the date of notification, the applicant shall

pay a fixed message fee and, if the claims are

written in English, a translation into Swedish of

the patent claims. If this is not done, the application shall be written off. A

deprecated the application shall be resumed if the applicant, within four

months after the end of the two months to fulfil his

obligations and also pay a fixed

reinstatement fee.



Applied for patent of an inventor who has considerable difficulties

to pay the fee, the Patent Office notice free

the applicant from this, if the applicant so requests in writing, within

two months from the date of notification. If

Patent Office rejects the inventor's request, a fee

paid within two months after that is considered paid in the right

time. Law (2014:289).



section 20 if the applicant has fulfilled the requirements of section 19 and the

still no obstacle to patent, Patent Office

grant application. The decision shall be published.



When the decision to grant the patent application has been published, is a

patent announced. A patent shall be recorded in the

patent register kept by the Patent Office. A patent letter shall

also be issued.



Since the patent has been granted, the patent claims does not change so that

the protection conferred by the patent. Law (1993:1406).



section 21 from the date on which the patent to a

patent publication available at the Patent Office.

The patent specification shall contain the description, the claims and the

Summary and information on the patentee and inventor.



If the claims are written in English, a translation

of these must be attached to the Swedish patent document. It should be made clear

the annex to it is the claims wording in English that

apply. Law (2014:289).



section 22 on the day on which the patent shall

the file shall be made available to each one.



After 18 months from the date on which the patent application was made,

or, if priority is claimed, the date of priority

is requested, it shall, if they have not already been made

available pursuant to the first subparagraph, shall be made available to

each and every one. If the application has been shelved or rejected, shall

However, the documents shall be made available only if the applicant

requests that the application be resumed, appeals or make a

request under section 72 or 73.



At the request of the applicant, it shall be made available

earlier than that resulting from the first and second subparagraphs.



If the claims are written in English and the translation of

These have been submitted to the Swedish in the matter, it shall, when

documents remain available under the second or third

subparagraph, indicated on the translation that it is the claims

version in English.



When the documents are made available in accordance with the second or third

paragraph, it should be published. If a translation referred to in

fourth subparagraph is made after the notice has been made, should

a special announcement regarding the translation is issued if

the applicant pays the fee determined for this.



Contains a document relating to a trade secret and not

an invention to which a patent is sought or has been granted,

the Patent Office shall decide on the application, if there are special

reasons for it, the document may not be disclosed. If a

such a claim has been made, the document cannot be disclosed

until the claim has been rejected by a decision that has won

the force of law.



If the biological material has been deposited in accordance with paragraph 8 (b),

each and every one, with the limitations laid down in this and

the following paragraphs, the right to obtain samples of material then

the documents have become widely available, according to the first,

second or third paragraph. This applies regardless of whether the patent

has lapsed or been declared invalid. The test cannot be

out to someone who, by reason of precept of law or other

Constitution must not take job title with the deposited

the material. The test must not be disclosed to anyone whose

position with the sample can be assumed to be connected with a

real risk with respect to the material's tortious

characteristics.



Until the patent has been granted or a patent application has

pending final without leading to the patent applies to

a sample of a deposit may only be made to a special

the expert, if the applicant so requests, the patent application is rejected.

or revoked, the equivalent for a period of 20 years


from the day the application is submitted. Government Announces

regulations on the time within which a request for limitation must

be made and who gets hired as an expert by those who want to

get the trial.



Anyone wishing to obtain a sample shall request it in writing in

Patent Office and provide a link with the content

the Government provides for the prevention of abuse of

sample. If a sample may be disclosed only to a specific

expert, the connection instead is left by him.

Law (2014:289).



section 23 Of the Patent Office shall attribute or rejects an application

have become available for each one, the decision shall be published in the

has become final. Law (1993:1406).



section 24, Other than the patentee may make an objection to a

patent. An objection shall be made in writing in

the Patent Office within nine months from the date on which the patent

It was announced.



The Patent Office shall notify the proprietor of the patent if

the objection and shall give him an opportunity to be heard.



If the patent is granted with the description, claims and

Abstracts written in English, the Patent Office

submit to the proprietor of the patent to file a translation of the

the description and the abstract to Swedish. The injunction

will be given at the penalty that the Patent Office may otherwise have

make such a translation of the patent owner's expense.



If the opposition is withdrawn, the opposition proceedings may nevertheless

be completed if there are special reasons. Law (2014:289).



section 25 of the Patent Office to revoke the patent, after objection

If the



1. given despite the fact that the conditions laid down in paragraphs 1 and 2 are not

met,



2. relating to an invention which is not so clearly understood that

a person skilled in the art on the basis of the description can exercise

the invention, or



3. include something not revealed by the application when the

was.



The Patent Office shall reject the opposition, unless there are

an obstacle within the meaning of the first subparagraph to the patent

is maintained.



If the proprietor of the patent during the opposition proceedings have made

such changes that the obstacle is not referred to in the first subparagraph

against that the patent is maintained as amended, shall

Patent Office to explain that the patent is maintained in the

changed wording. If the claims are written in English,

the patent is maintained as amended only if

the patentee lodged a translation into Swedish of

the claims in the revised wording. The translation shall

appended to the decision, and it should be shown in the annex there are

the wording of the patent claim considered as a whole in English.



When the Patent Office decisions on an objection have won

the force, it will be published. The decision means that

the patent is changed, a new patent publication available

in the Patent Office and a new patents are issued.

Law (2014:289).



section 26/expires U: 2016-09-01/

A final decision by the Patent Office if an application

an appeal may be brought by the applicant for a patent, if it's been him

or her mind. A final decision in accordance with paragraph 8 (c), third

subparagraph may be appealed against by the applicant. A final decision on a

objection to patents may be appealed by the patentee and

the opponent, if it has been the one who wants to complain against. If

the opponent withdraws his appeal, it may still be examined whether the

There are special reasons.



A decision by which a request for reinstatement under the

paragraph 15, third subparagraph, or to paragraph 19 is rejected

or a request for transfer under section 18 has been approved,

may be appealed by the applicant. A decision by which a

application for transfer pursuant to section 18 has been rejected,

be appealed by the claimant.



A decision by which a request for appointment under section 22

the sixth paragraph is refused, an appeal may be brought by anyone who has

claimant.



Rules on appeal of the decision under section 72 or 73 42,

see section 75. Law (2014:289).



entry into force section 26/in: 2016-09-01/

A final decision by the Patent Office for a patent application and a final decision in accordance with paragraph 8 (c), may be appealed against by the applicant. A final decision on an objection to the patent may be appealed by the patent proprietor and the opponent.



A decision by which a request for reinstatement under section 15, third subparagraph, or to paragraph 19 has been rejected or a request for transfer under section 18 has been approved may be appealed by the applicant. A decision by which a request for transfer under section 18 refusal may be appealed by the claimant.



A decision by which a request referred to in section 22 of the sixth paragraph is rejected may be appealed by the claimant. Law (2016:192).



section 27/expire U:2016-09-01 by law (2016:192)./

Appeal under section 26 is made to the Court of patent appeals

within two months from the day.



Any final decision of the Court of patent appeals may be appealed

Supreme Administrative Court within two months from

decision day. The appeal shall not refer to other patent claims

than those that have been tried by the order under appeal. In

otherwise applicable provisions of sections 35 to 37

administrative judicial procedure Act (1971:291) on appeal by

the decision of the Chamber. The decision of the Swedish court of patent appeals shall

specify that it requires a special permit for

review in the Supreme Administrative Court and if the grounds on

which such authorization.



The provisions of section 22 of the sixth subparagraph is applied to the document

coming in to the Swedish court of patent appeals or Supreme

Administrative Court.



The provisions of section 24 of the third paragraph shall apply also in

Patent Appeals, and the Supreme Administrative Court.

Law (2014:289).



Chapter 3.



International patent application



section 28 With international patent application "means an application under the

in Washington on 19 June 1970 ended the patent cooperation.



International patent application is submitted to the Patent Office or

international organization which, under the patent cooperation

and the arrangements for implementing this is authorised to receive such

application (receiving authority). The Swedish Patent Office is

the receiving authority in accordance with what the Government provides. For

international patent application, submitted to the Swedish

the Patent Office, the applicant shall pay the prescribed fee.



The provisions of §§ 29-38 apply to international patent application

includes Sweden. Wanted by such an application for a European patent

Sweden, however, Chapter 11. Law (1977:700).



section 29 of an international patent application for which the receiving

the authority has established an international filing date, shall be in

Sweden have the same effect as a Swedish patent application with the same

filing date. It is stated in the second sentence of the second subparagraph of paragraph 2 of

shall, however, apply only if the application is made under section 31.

Law (2007:516).



section 30 of the patent shall be deemed to be withdrawn in respect of the

Sweden in the cases referred to in article 24(1). I and ii of the Convention on

patent cooperation.



section 31, If the applicant wishes to pursue an international

patent application in Sweden, to the applicant within 31 months from

the international filing date or, where priority is

is requested, the date from which priority is claimed to

the Patent Office a translation into Swedish or

English the international patent application in the

extent to which the Government provides or, if the application is

written in Swedish or English, a copy of the application.

The applicant shall, within the same time to pay a fee to

the Patent Office.



If the applicant has paid the fee within the period laid down

in the first subparagraph, the translation or copy required

be filed within a further period of two months, provided

an additional fee is paid within the latter period.



If the applicant does not comply with the provisions of this clause, should

application deemed to be withdrawn in respect of Sweden. Law (2014:289).



repealed by 32 teams (2007:516).



section 33 If an international patent application has been completed according to the

section 31, comes Chapter 2. in respect of the application and its processing,

unless otherwise provided in this section or in sections 34 to 37. Application

may only on production of the applicant is admissible

before the expiry of the period applicable under section 31 of the first

paragraph.



A notice under section 12 shall be granted before the

date on which the Patent Office has the right to take up the application

to trial.



The provisions of section 22 of the second and third paragraphs are

applicable already before the application has been completed as soon

the applicant has fulfilled its duty under section 31 to submit

a translation of the application or, if the application is written in

Swedish or English, as soon as the applicant has lodged an

copy of it to the Patent Office.



In the case of an international patent application shall, where

application of 48, 56 and 60 sections of what it says about

the documents in the case have become available

According to section 22 rather than concern that the documents have been

available under section 22 in accordance with the third subparagraph.



If the patent application satisfies the requirements for the form and

contents provided for in the patent cooperation and

the arrangements for implementing this, should it be accepted in these

respects. Law (2014:289).



34 § in the case of an international patent application may not be patent

granting or refusal to be made until after the expiry of the

Frist that Government provides, unless the applicant agrees to

that the application will be decided before then. Law (1993:1406).



35 § in the case of an international patent application, the Patent Office

not without the applicant's consent, notify the patent or publish


the application until the world intellectual

the International Bureau has published the ownership of the application or

twenty months have passed since the international filing date

or, if priority is claimed, the date from which priority is claimed.

Law (1993:1406).



36 §/expires U: 2016-09-01/

If part of an international patent application has not been

the subject of international search or international

preliminary examination on the basis that the application

have been assessed to include independent inventions and to

the applicant fails within the prescribed time has paid the surcharge pursuant to

the patent cooperation, the Patent Office shall examine the

If the assessment was correct. If the patent authority finds that

the assessment was accurate, the part of the application that does not have

been the subject of such audit or examination shall be deemed to be withdrawn

in the Patent Office, unless the applicant pays the prescribed

charge to the authority within two months from the authority

sent a notice to him about its position. If

the Patent Office finds that the assessment was not correct, the

authority to continue the examination of the application in its

a whole.



A decision as referred to in the first subparagraph, by which the Patent Office has

found that a patent application includes independent

inventions, may be appealed against by the applicant. What is said in paragraph 27 of the

the first and second subparagraphs shall apply.



If the Court finds the Patent Office decision really, count the time limit

to pay such fee referred to in the first subparagraph, second

the sentence from the Patent Office sent a notification

to the applicant of the final decision of the Court. Law (1993:1406).



the entry into force of § 36/in: 2016-09-01/

If part of an international patent application has not been the subject of international search or international preliminary examination on the basis that the application has been deemed to include independent inventions and that the applicant within the prescribed time has paid the surcharge pursuant to the patent cooperation, should the Patent Office to examine whether the assessment was correct. If the patent authority finds that the assessment was correct, the part of the application that has not been the subject of such audit or examination shall be deemed to be withdrawn at the Patent Office, unless the applicant pays the prescribed fee to the agency within two months of the date on which the agency sent a notice to him or her of its position. If the patent authority finds that the assessment was not correct, it shall continue the examination of the application in its entirety.



A decision pursuant to the first subparagraph under which the Patent Office has found that a patent application includes independent inventions may be appealed against by the applicant.



If the Court finds that the Patent Office decision is right, the time limit for paying such a fee as referred to in the first subparagraph, second sentence, of the Patent Office sent a notice to the applicant that the decision of the Court of Justice has a legal effect. Law (2016:192).



37 section Is part of the international patent application not been subject to

international preliminary examination due to

the applicant restricted the claims after being requested by the authority for such a

trial either to restrict or pay additional fees,

the non-tested portion of the application is deemed to be withdrawn in

the Patent Office, except where the applicant pays the prescribed fee to the

authority within two months from the authority forwarded intelligence

to him of what thus applies.



section 38 Has the receiving authority refused to establish international

filing date of the international patent application or explained, to

the application shall be deemed to be withdrawn or to claim that the application

shall include Sweden shall be deemed to be withdrawn, the Patent Office on

request by the applicant to ascertain whether that decision was correct. The same shall

apply in respect of a decision of the International Bureau that the application shall

deemed to be withdrawn.



The request for review referred to in the first subparagraph shall be brought to

International Bureau within the period that the Government provides.

The applicant shall submit to the Patent Office within the same time translation

of the application to the extent that the Government appoints and pay

prescribed application fee.



Finds the Patent Office to the receiving authority or

the International Agency's decision was not really, the Patent Office

deal with the application as referred to in Chapter 2. International filing date have not

established by the receiving authority, the application is considered to be made on

day that the Patent Office considers should have been defined as

international filing date. Meet the application requirements concerning the form

and content as provided for in the patent cooperation and

the arrangements for implementing this, the acceptance of these

respects.



The provision in paragraph 2, second subparagraph, second point applies on

application admitted to the processing referred to in the third subparagraph of

the application becomes generally available under section 22. Law (1983:433).



Chapter 4.



The scope of validity of patents and



39 § the protection conferred by the Patent is determined by the claims. For understanding

by the claims management may be obtained from the description.



section 40 of The patent can be maintained until 20 years have

elapsed from the day on which the patent application was made.



For a patent shall be paid fixed annual fee for each

contribution years that start after the message. If the patent has been granted

before the annual fees for the patent application has begun to decay under section 41;

However, the patentee shall, when the annual fee for the patent for the first

time expires to pay ning, pay annual fee also for

contribution years which have begun before the patent the message.



Provisions for additional protection, see Chapter 13. Law (1996:889).



4 a Cape. Patent restriction, etc.



40 a of/expires U:den day Government/

A patentee may request of the Patent Office



1. one or more claims, and, if necessary,

the description is changed so that the protection conferred by the patent

Limited (patent restriction), or



2. that the patent is revoked.



If the claims are written in English, to the patentee in

a request under the first subparagraph 1 file a translation in

Swedish of the claims in the version requested.



A request under the first subparagraph shall be rejected if the

the time of the request is in progress an opposition procedure under

section 24 or pursuant to article 99 of the in Munich on 5 October

1973 completed the Convention on the grant of European

patents (European patent Convention) or a

invalidity under § 52 relating to patent. If the proprietor of the patent

have requested or requesting that the patent should be limited or

repealed by article 105 (a) of the European

Patent Convention, should a request within the meaning of the first subparagraph

in abeyance until the European Patent Office announced

a final decision on the matter.



A request referred to in the first subparagraph may not, without the relevant

right holders ' consent must be upheld, as long as the patent is

foreclosure, punishable by attachment, taken in claims through

payment assurance or a dispute over the transfer of the patent

pending before a court.



For a request under the first paragraph, the patentee to pay

a special fee. Law (2014:289).



40 a of/comes into force I:den day Government/

A patentee may request of the Patent Office



1. one or more claims, and, if necessary,

the description is changed so that the protection conferred by the patent

Limited (patent restriction), or



2. that the patent is revoked.



If the claims are written in English, to the patentee in

a request under the first subparagraph 1 file a translation in

Swedish of the claims in the version requested.



A request under the first subparagraph shall be rejected if the

the time of the request is in progress an opposition procedure under

section 24 or pursuant to article 99 of the in Munich on 5 October

1973 completed the Convention on the grant of European

patents (European patent Convention) or a

invalidity under § 52 relating to patent. If the proprietor of the patent

have requested or requesting that the patent should be limited or

repealed by article 105 (a) of the European

Patent Convention, should a request within the meaning of the first subparagraph

in abeyance until the European Patent Office announced

a final decision on the matter.



A request referred to in the first subparagraph may not, without the relevant

right holders ' consent must be upheld, as long as the patent is

foreclosure, punishable by attachment, taken in claims through

payment assurance or a dispute over the transfer of the patent

pending before a court.



For a request under the first paragraph, the patentee to pay

a special fee.



This section does not apply in the case of European patent referred to

in paragraph 80. However, it shall apply in the case of

the additional protection referred to in paragraph 105, although the basic patent is a

European patent with uniform effect. Law (2014:434).



40 (b) § If the patentee has not complied with the provisions of paragraph 40 (a)

or if a request for a patent restriction is not consistent with

the provisions of paragraph 52 2-4 of nullity, shall

the proprietor of the patent to take corrective action within a specified time.



If the patentee does not heard by or on request even after the

that the patentee has given its opinion, must be

the request is rejected, if



1. the patent proprietor has had the opportunity to comment on the obstacle

and




2. There is no reason to give the patentee a new

injunction. Law (2007:516).



40 c § If the patent authority finds that there are no

barriers to grant a request under section 40, the patent

be limited or revoked in accordance with the request. A

the translation referred to in paragraph 40 (a) shall be attached

the decision, and it should emerge from the annex that it is

the wording of the patent claim considered as a whole in English.

The Patent Office shall announce the decision. If the patent has

limited, the Patent Office shall issue a new patent letter

and keep a new patent writing available.



The Patent Office's decision has effect from the date of filing of the

patent application. Law (2014:289).



40 d section in case of patent infringement or patent invalidity is

the proprietor of the patent is obliged to inform the Court that a request

If the limitation or revocation of the patent has been made.

Law (2007:516).



Chapter 5.



Payment of annual fees



section 41 of the annual fee shall be due on the last day of the

calendar month in which the contribution year begins. Renewal fees for the two

However, the first years of the fee is due at the same time as the fee for the

third contribution year. Annual fees may not be paid earlier than six

months before they are due.



For such later application referred to in section 11 due renewal fees for

fee cuts, which have begun before the date on which the later application was added

or which begin within two months from that date, in no case

until two months have passed since that day. For an international

patent renewal fees are due for the contribution, which have begun before the

the date on which the application was pursued under section 31 or occupied to

treatment under section 38 or which begin within two months from that date,

in no case until two months have elapsed from the date on which

the application was completed or occupied.



Annual fee may, with the increase that has been established, due within six

months after it was due. Law (1983:433).



section 42 is the inventor and the applicant for or proprietor of the patent, he has

considerable difficulty to pay renewal fees, the Patent Office

allow him deferred payment, if he makes the manufacture thereof

last first time when renewal fees are due. Deferment

may be granted for up to three years at a time, until its three years

has elapsed from patent the message. Request for prolongation of moratorium

shall be made before the announced moratorium has expired.



Refused a request for deferment or forbearance extended, the fee

paid within two months after that be considered timely paid.



Annual fees, which the payment deferment granted pursuant to the first

subparagraph, with the same increase referred to in paragraph 41

be made within six months after the date on which the deferment has

obtained. Law (1983:433).



Chapter 6.



License, assignment, etc.



section 43 of the patent Has granted different rights to professionally exploit

invention (license), owns him transfer his right only if

a contract was signed to that effect.



section 44 of the patent license granted or transferred, shall at

request annotation thereupon be made in the patent register.



Appears to be in the register recorded the license expired, shall

Note If the license is removed.



The provisions of the first and second subparagraphs shall apply

with regard to the compulsory license and the right referred to in paragraph 53.



In case or matter relating to patents is considered to the patentee, the

last been entered in the patent register of such property.



45 § A compulsory license to practice the invention in Sweden,

be notified of



1. There have been three years from the time the patent is granted and

four years from the time the patent application was made,



2. the invention cannot be exercised in a reasonable extent in Sweden,

as well as the



3. There is no acceptable reason why the invention is not

be exercised.



For the purposes of the first subparagraph of paragraph 2 shall be assimilated to the exercise of

an invention the introduction of invention to Sweden from a

State of the European economic area or a State

that is connected to or an area that is connected to the

Agreement establishing the World Trade Organization (WTO).

Act (2004:159).



section 46 the holder of a patent on an invention, whose

exploitation is dependent on a patent that belongs to someone else,

can obtain a compulsory licence to exploit the invention that is protected

of the second patent. Such license will be notified only if

the applicant indicates that the first-mentioned invention constitutes

significant technical progress of considerable economic interest

relative to the second invention.



If a compulsory license is announced as referred to in the first subparagraph have

the proprietor of the patent in which compulsory license is communicated to the right

on reasonable terms to obtain a compulsory license (respect) to

take advantage of the other invention. Act (2004:159).



46 a of A plant breeders who can't get or use a

plant variety right or of a Community plant variety right without

infringing an earlier patent may obtain a

compulsory licence to exploit the invention that is protected by

the patent, if such a license is necessary for plant variety

shall be utilized. Such license will be notified only if

the applicant indicates that the plant variety constitutes significant technical

progress of considerable economic interest compared to the

the invention.



If a patentee receives a compulsory licence for a plant variety right

or a holder of a Community plant variety right has

the plant variety right to obtain a reasonable terms

compulsory licence (respect) to exploit the patent owner's

invention.



Rules on the possibility for the holder of a patent on a

biotechnological invention that, under certain conditions, receive a

a compulsory license to make use of a protected plant variety can be found in Chapter 7.

3 a of the växtförädlarrätts Act (1997:306) and, in the case of a

Community plant variety rights, in article 29 of Council regulation

(EC) No 2100/94 of 27 July 1994 on community

plant variety rights. Law (2007:516).



47 section On account of the general interest of extreme importance requires it,

those who want to take advantage of our other professional invention, patent,

obtain a compulsory license.



48 § anyone who exploited the patent-pending invention professionally here in the Kingdom

When the documents in filing the case were available under section 22

the owner, if the application results in a patent, obtain a compulsory license to

exploitation, if exceptional circumstances exist and he lacked knowledge of the

the application and nor could reasonably obtain actual knowledge thereof.

This right applies in the corresponding conditions also

has taken substantial steps to exploit the invention professionally

here in the Kingdom. Compulsory licence may refer to the time before the patent is granted.



section 49 A compulsory licence may only be granted to those who can be presumed to have

opportunities to exploit the invention in an acceptable

manner and in compliance with the license. The applicant must also

demonstrate that he or she has unsuccessfully turned to

the proprietor of the patent to obtain a contractual licence on reasonable terms.



A compulsory licence shall not prevent the patentee from yourself

exploit the invention or to license. A

a compulsory license may turn to someone else only in conjunction with

a movement in which it is exploited or was intended to be exploited.

For such compulsory licences as referred to in paragraph 46 and

paragraph 46 (a) applies in addition to the license may only be

shall be transferred together with the patent or of the plant variety right

that the license was based on. Act (2004:159).



50 § compulsory licence granted by the law, which also determines in which

extent to which the invention may be used as well as determining the consideration and

other terms and conditions of the license. When significantly changed circumstances call for

It owns the right to claim void licence or establish new

conditions for this.



Chapter 7.



Patents expiry etc.



section 51 is paid no annual fee for the patent in accordance with the requirements of 40, 41

and 42 sections, is the patent expired as of the beginning of the contribution years

for which the fee has not been paid. Law (1983:433).



section 52 Of the patent right invalid shall explain claimed, if



1. it has been issued despite the fact that the conditions laid down in paragraphs 1 and 2 are not

met,



2. it relates to an invention that is not so clearly described

to a person skilled in the art on the basis of the description can exercise

the invention,



3. It covers something not revealed by the application of

the filing date, or



4. the protection conferred by the patent has been extended after the

the patent is granted.



If the patent is not valid, only to a certain extent, to

the protection conferred by the patent shall be limited in the corresponding

by an amendment of the claims, if



1. the proprietor of the patent calls it,



2. it is compatible with the first paragraph 2 – 4, and



3. the proprietor of the patent, if the patent claims are written in English,

has provided a translation into Swedish of the claims in the

the modified wording.



A translation referred to in the second subparagraph of paragraph 3 shall be attached to the

the judgment and it shall be set out in the annex to it is the claims

version in English.



A patent may not be declared invalid on the ground that the

that has a patent has been entitled to only a certain proportion of the

it.



Except in the cases referred to in the sixth paragraph, the action brought by was

and the one who suffers detriment by the patent and, where appropriate

from a general point of view, of the authority that the Government

determines.



An action, which is based on the fact that the patent has been granted any

other than the one that has the right to obtain the patent in accordance with section 1,


be kept only by the person claiming to have such rights. The action must

be brought within a year from the claiming to have such

right learned of the message and the other

facts on which the action is based. If the proprietor of the patent was in

good faith when the patent is granted or when it switched to

the latter, however, may not be instituted later than three years after

the message. Law (2014:289).



section 53 Of the patent has granted other than the eligible

to the patent under section, to the right of the action of the

eligible to transfer the patent to him or her.

The provisions of section 52 the sixth paragraph shall be applied when the

applies the time within which the action must be instituted.



If the person being deprived of the patent in good faith have begun utilizing

the invention professionally in Sweden or has taken substantial

measures for it, he or she is against a reasonable compensation and

on reasonable terms to continue the initiated

use or implement the planned exploitation of

maintenance of its public art. Such a right has over the

similar conditions also the holder of a license

as is recorded in the patent register.



A right referred to in the second subparagraph may be transferred to any

other only together with the business in which the right

exploited or intend to be utilised. Law (2014:289).



§ 54/expires U:den day Government/

The proprietor of the Patent Office in writing, waive

from the patent, the authority shall declare the patent has

ceased to exist in its entirety.



Is the patent issued, subject to lien or a time space

by payment assurance or there is a dispute over the transfer of

the Patent Court, the patent cannot be declared to have ceased,

as long as the garnishment, attachment or payment protection

consists or the dispute has not been finally settled.

Law (2007:516).



the entry into force of § 54/I:den day Government/

If the patentee of the patent authority in writing

waives the patent, it shall declare the patent

has been discontinued in its entirety.



If the patent is issued, subject to lien or a time in

claims by payment assurance or if a dispute is pending before

Court for the transfer of the patent, the patent does not

explained have ceased, as long as the garnishment, attachment or

payment protection consists or the dispute has not been

definitively settled.



This section does not apply in the case of European patent referred to

in paragraph 80. However, it shall apply in the case of

the additional protection referred to in paragraph 105, although the basic patent is a

European patent with uniform effect. Law (2014:434).



section 55 Of the patent has expired or been declared to have ceased

or if it's by a judgment which has become final has been declared

invalid, changed or been transferred,

the Patent Office may issue proclamation about it.



If the patent has been amended by a judgment which has become final,

a new patent publication should be available in

the Patent Office and a new patents are issued.

Law (2014:289).



Chapter 8.



Obligation to provide data



56 section If a patent applicant invokes its application vis-à-vis other

before the file has been available under the

section 22, the applicant is required to give their consent upon request

sure that he may take part of the documents. Covers

patent application of such a deposit of biological material

referred to in paragraph 8 (b), shall include a right of consent also get

samples of material. The provisions of section 22 of the seventh subparagraph

the third and fourth sentences, and the eighth and ninth subparagraphs

apply when someone wants to get the sample on the basis of such

consent.



The who, by direct appeal to the other, in

ad, through the endorsement of goods or of their packaging

or otherwise indicates that a patent has been applied for or

delivered without at the same time, disclose the

or patent number, shall, on request, promptly furnish

such enlightenment. Unless explicitly stated that patents

has has been applied for or granted, but circumstances give the impression of

that is the case, shall be submitted without delay on request

disclosure of a patent has been applied for or granted.

Law (2014:289).



Chapter 9.



Responsibility and liability, etc.



57 § Make any infringement of the exclusive rights conferred by a patent implies

(patent infringement) and place it either intentionally or through gross

negligence, he or she shall be sentenced to a fine or imprisonment

in a maximum of two years. The one who has violated an injunction under

57 (b) § shall not be responsible for the infringement covered by the

ban.



For tests or preparation for a crime referred to in the first subparagraph

sentenced to liability under Chapter 23. the Penal Code.



The Prosecutor may prosecute for offences referred to in the first or

second subparagraph only if the plaintiff specifies the offence to the prosecution and

the prosecution of specific reasons is required from a general point of view.

Act (2005:289).



57 a § Property in relation to which the offence under

section 57 shall be declared forfeited, unless it is clear

unfair. Instead of the property gets its value explained

forfeited. Even the exchange of such breach shall be declared

forfeited, unless it is manifestly unfair. The same applies to

what someone has received as compensation for the costs incurred in connection

with such an offence, or the value of the received, if

receipt constitutes a crime under section 57.



Property that has been used as a tool for offences under section 57

may be declared forfeited, if necessary to prevent crime

or if there are special reasons. The same applies to

property that is intended to be used as a tool for crime

According to § 57, if the offence has been completed, or if the procedure

constituted a punishable attempt or a criminal

preparation. Instead of the property gets its value explained

forfeited. Act (2005:289).



57 b/expires U: 2016-09-01/

At the request of the patentee or the due

the license has the right to exploit the invention, the Court may, at the

VITE prohibit anyone who makes, or participates in patent infringement

to continue with it.



If the plaintiff shows the probable cause of that infringement, or

contributory infringement, and if it can reasonably be

There is concern that the defendant, by continuing the infringement, or

participation in it, belittle the value of the exclusive right to

the patent, the Court may announce injunction for the period until the

its that final judgment has been settled or otherwise

been decided. Before such a ban will be notified to the defendant have

had the opportunity to be heard, unless a delay would

present a risk of injury.



The provisions of the first and second subparagraphs shall also apply in the

respect of threatened infringement.



The prohibition referred to in the second subparagraph shall be notified only if the plaintiff

set security at the Court for the damage that can

added respondent. Plaintiff has no ability to impose such

security, the Court may release him or her from this.

In the case of battle of security applies to Chapter 2. section 25

the enforcement code. The security shall be examined by the Court, if the

have not been approved by the defendant.



When the target is determined, the Court will consider whether the prohibition has

granted in accordance with the second paragraph still persist.



In the matter of the appeal of the decision under the second or fourth

subparagraph, and in the case of proceedings in the High Court case

the judicial code's provisions on appeal against a decision

According to chapter 15. the code of judicial procedure.



Action for imposing liquidated damages brought by the applicant for

ban and should be dealt with according to the rules in

the code of judicial procedure concerning the prosecution of criminal offences, for which more severe punishment

than fines are not prescribed. In connection with such proceedings,

action brought on new injunction. Law (2009:111).



57 b/entry into force: 2016-09-01/

At the request of the patentee or the person due to license has the right to exploit the invention, the Court may under penalty ban anyone who makes, or participates in patent infringement to continue with it.



If the plaintiff shows the probable cause of that infringement, or contributory infringement, and if it can reasonably be presumed that the defendant through the continuation of the infringement, or contributing to, detract from the value of the exclusive rights to the patent, the Court may announce injunction for the time until a final judgment has been settled or anything else has been decided. Before such a ban will be notified to the defendant have had the opportunity to be heard, unless a delay would cause injury.



The first and second subparagraphs shall also apply in respect of threatened infringement.



The prohibition referred to in the second subparagraph shall be notified only if the plaintiff set security at the Court for the damage which can be added the defendant. Plaintiff has no ability to impose such security, the Court may release him or her from this.

In the case of battle of security applies to Chapter 2. section 25 of the enforcement code. The security shall be examined by the Court, if it has not been approved by the defendant.



When the target is determined, the Court will consider whether the ban which has been granted in accordance with the second paragraph still persist.



In the matter of the appeal of the decision under the second or fourth subparagraph and, in the case of proceedings in the High Court case of the judicial code's provisions on appeal against a decision under Chapter 15. the code of judicial procedure.



An action for imposing liquidated damages brought by the applicant for the ban. Law (2016:192).



paragraph 57 (c) if the applicant demonstrates probable cause that someone has

made a patent infringement, the Court may decide on pain

any of those referred to in the second subparagraph shall provide

applicant information on the origin and distribution networks of the


goods or services to which the infringement relates

(the information injunction). Such a decision, announced on the

the request of the patentee or the person due to license has

the right to exploit the invention. It may only be granted if

information likely to facilitate the investigation of an infringement

relating to goods or services.



The obligation to provide information includes the



1. have done or participated in the Commission of the infringement,



2. commercial-scale has the disposal of a product

the interference comes,



3. commercial-scale has used a service that the infringement

regards,



4. commercial-scale has provided an electronic

communication service or another service that has been used

at the intrusion, or



5. has been identified for any listed in 2-4 as a part

in the production or distribution of goods or

the provision of a service to which the infringement relates.



Information about the origin of the goods or services and

distribution network, in particular:



1. name and address of the producers, distributors,

suppliers and others who have held the goods or

provided services,



2. name and address of the intended wholesalers and

retailers, and



3. details of how much has been produced, delivered,

received or ordered and if the price has been determined

for goods or services.



The provisions in the first to third paragraphs apply also in

respect of threatened infringement.

Law (2009:111).



paragraph 57 (d) an information injunction may be notified only if

the reasons for the action outweighs the inconvenience or it but in

Moreover, as a measure for those who suffer from it, or

for any other conflicting interests.



The obligation to submit information under paragraph 57 (c) covers

information whose disclosure would disclose that the respondent

or him or her next of kin as referred to in chapter 36.

section 3 of the code of judicial procedure has committed a criminal offence.



In the personal data Act (1998:204) contains provisions which

limits the received personal data may be processed.

Law (2009:111).



57 e §/expires U: 2016-09-01/

A decision on the information injunction may be communicated by

Court referred to in paragraph 65.



If the claim on the information injunction directed at the

that is the applicant's counterpart in an action for infringement, shall

rules on the trial of the case

applied. Decisions on the information injunction may be appealed

in particular.



If the claim on the information injunction against any

other than that specified in the second subparagraph, shall act (1996:242)

If the court cases apply. For the examination of the question, the

also kept hearing pursuant to chapter 37. the code of judicial procedure. The Court of Justice

may decide that each party should be responsible for their

legal costs.



Action for imposing liquidated damages may be brought by the applicant for

the order and shall be dealt with in accordance with the rules in

the code of judicial procedure concerning the prosecution of criminal offences, for which more severe punishment

than fines are not prescribed. In connection with such proceedings

gets an action be brought if new information injunction.

Law (2009:111).



57 e section/entry into force: 2016-09-01/

If a claim of the information injunction directed at the person who is the applicant's counterpart in an action for infringement, the provisions concerning the trial of the objective applied. A decision on the information injunction may be appealed in particular.



If the claim on the information injunction against someone other than the one referred to in the first subparagraph, shall act (1996:242) if the court cases apply. The Court may decide that each party should be responsible for their own costs.



An action for imposing liquidated damages may be brought by the applicant for the order. Law (2016:192).



57 e §/I:den date of entry into force of the Government/

If a claim of the information injunction directed at the person who is the applicant's counterpart in an action for infringement, the provisions concerning the trial of the objective applied. A decision on the information injunction may be appealed in particular.



If the claim on the information injunction against someone other than the one referred to in the first subparagraph, shall act (1996:242) if the court cases apply. The Court may decide that each party should be responsible for their own costs.



An action for imposing liquidated damages may be brought by the applicant for the order. Law (2016:229).



paragraph 57 (f) anyone who on account of the provisions of section 57 c

paragraph 2-5 has been submitted to that referred to in the first subparagraph, the same

section provide information have the right to equitable remuneration

for costs and inconvenience. The royalty shall be payable by the

has the claimant on the information injunction.



The provider of an electronic communications service

and that as a result of an information injunction has provided

out the information referred to in Chapter 6. section 20 of the Act (2003:389) if

electronic communications shall send a written

notification thereof to which it relates

at the earliest, after one month and not later than after three months from the

that the information was out. The cost of the notification

replaced in accordance with the first paragraph. Law (2009:111).



57 g § Despite the prohibition in paragraph 21 of the personal data Act (1998:204)

personal data relating to offences involving crimes

According to § 57 processed if this is necessary for a

legal claim can be established, be enforced or

be defended. Law (2009:111).



57 h section at the request of the plaintiff, the Court may, in the case of

infringement, require the person who has made or contributed to

the intrusion to fund appropriate measures to disseminate

information on the adjudication of the matter.



The provisions of the first subparagraph shall apply also in the case of

threatened infringement. Law (2009:111).



58 § anyone who intentionally or negligently makes

patent infringement shall pay reasonable compensation for the use

of the invention as well as compensation for the additional damage

the infringement has caused. When remuneration is determined,

in particular, be taken of the



1. loss of profits,



2. profit as the perpetrator has done,



3. damage to the reputation of invention,



4. non-pecuniary damage, and



5. the patent owner's interest that the infringement was not committed.



The person without intent or negligence makes patent infringement should

pay compensation for the use of the invention, and in

so far as is reasonable.



Action for compensation for patent infringement may only relate to damage

over the last five years before the action was brought. If the action is not

sales in the period, the right to compensation for lost.

Law (2009:111).



59 section at the request of the person who has suffered for patent infringement,

the Court, as appropriate, may decide that a

patent protected subject-matter which has been manufactured without the patent owner's

permits shall be withdrawn from the market, modified, to be put in detention

for the remainder of the patent time or be destroyed or that any

other action to be taken with it. The same applies in the case of

instrumentalities used or intended to be used

at the intrusion.



Property referred to in the first paragraph may be confiscated, if the

can reasonably be assumed that a criminal offence has been committed under section 57. In

ask if such seizure apply rules on seizure in

criminal cases in General.



Notwithstanding the first subparagraph, the Court may, if it

There are serious reasons, on request decide that a holder

of property referred to in the first subparagraph shall be in possession of

the property for the remainder of the patent or part of it,

against reasonable compensation and otherwise on reasonable terms. A

such a decision may be announced only if the holder has been

in good faith.



The provisions in the first to third paragraphs apply also in

respect of threatened infringement.



A decision on the action referred to in the first subparagraph shall not involve

to those who have suffered for patent infringement shall pay compensation

to the targeted by the measure.



Measures referred to in the first subparagraph shall be borne by the defendant if

There are no special reasons for this.



A decision as referred to in this paragraph shall be granted if the

confiscation or any measure for the prevention of abuse

shall be adopted in accordance with paragraph 57 (a) or under the criminal code.

Law (2009:111).



59 a of If it is reasonably likely that someone has done or

participated in infringed, the Court may order that the evidence

to be able to be secured if the infringement may decide that an investigation may

be made with him to search for objects or documents

likely to be relevant to an investigation of infringement

(infringement search).



A decision on the infringement search may be notified only if

the reasons for the action outweighs the inconvenience or it but in

Moreover, as a measure for those who suffer from it, or

for any other conflicting interests.



The provisions of the first and second subparagraphs shall also apply in the

respect of threatened infringement.

Law (2009:111).



59 b/U expires: 2016-09-01/

A decision announced by the infringement search

Court referred to in paragraph 65.



A question of infringement search may be collected only on

the request of the patentee or the person due to license has

the right to exploit the invention. If the trial is not commenced,

should the application be presented in writing.



Before a decision on the examination will be communicated to the opposing party have

had the opportunity to be heard. the Court may, however, immediately

announce a decision until it has been decided,

If a delay would entail the risk that the objects or

documents relevant to the investigation if the infringement

be obtained aside, destroyed or mutilated.




In addition, a question of infringement search arising

When the trial is not commenced to be dealt with in the same way as if

the issue arose during the trial. Law (2009:111).



59 b/entry into force: 2016-09-01/

A question of infringement search may be harvested only at the request of the patentee or the person due to license has the right to exploit the invention. If a trial is not commenced, should the application be presented in writing.



Before a decision on the examination will be notified to the other party to have had the opportunity to be heard. the Court may, however, immediately notify a decision valid until otherwise ordered, if a delay would entail the risk that the objects or documents relevant to the investigation if the infringement be obtained aside, destroyed or mutilated.



In addition, a question of infringement search that occurs when a trial is not commenced to be dealt with in the same way as if the issue was raised during a trial. Law (2016:192).



59 (b) §/I:den date of entry into force of the Government/

A question of infringement search may be harvested only at the request of the patentee or the person due to license has the right to exploit the invention. If a trial is not commenced, should the application be presented in writing.



Before a decision on the examination will be notified to the other party to have had the opportunity to be heard. the Court may, however, immediately notify a decision valid until otherwise ordered, if a delay would entail the risk that the objects or documents relevant to the investigation if the infringement be obtained aside, destroyed or mutilated.



In addition, a question of infringement search that occurs when a trial is not commenced to be dealt with in the same way as if the issue was raised during a trial. Law (2016:229).



paragraph 59 (c) a decision on the infringement search may be communicated only

If the applicant set security at the Court for the damage

can be added. The applicant does not have the ability to set

security, the Court may exempt the applicant from it. In the case of

the battle of security applies to Chapter 2. section 25 of the enforcement code.

The security shall be examined by the Court, unless it has been approved

of the other party.



In the matter of the appeal of court decision on

infringement search, and in the case of processing in higher

Court applies the provisions of the code of judicial procedure if

appeal of decision under Chapter 15. the code of judicial procedure.

Act (1998:1456).



paragraph 59 (d) a decision concerning infringement search shall include

data on



1. what purpose the investigation shall have,



2. the objects and documents that may be searched for, and



3. What are the areas that get scanned.



If necessary, the Court shall also order the other conditions

for the execution. Act (1998:1456).



paragraph 59 (e) a decision concerning infringement search terms immediately. If

application for enforcement has not been made within one month from the

the decision, due it.



If the applicant fails within a month from the enforcement

completed court or in any other manner initiates

proceeding on the matter, an action undertaken by

implementation of intrusion investigation immediately go back,

to the extent possible. The same applies if a

decision on infringement search is repealed since the enforcement

implemented. Act (1998:1456).



paragraph 59 (f) a decision concerning infringement search is carried out by

Enforcement authority under the conditions that the Court has

and with application of the 1-3 chapter, chapter 17. 1-5 sections

and chapter 18. the enforcement code. The claimant's counterparty will

notified of the execution only if the decision on the

infringement search have been added after the other party's hearing.

The authority has the right to take photographs and make video and

sound recordings of such objects as it may find.

The Authority also has the right to take copies of or extracts from

such documents as the may find.



An infringement search shall not include a written document

referred to in Chapter 27. section 2 of the code of judicial procedure. Law (2006:682).



paragraph 59 (g) When a decision on infringement search shall be enforced

the defendant has the right to call a lawyer. In

While waiting for the processor to appear, the enforcement

not be started. However, this does not apply, if



1. the examination thus unnecessarily delayed, or



2. There is a risk that the measure would not

is achieved.



At the execution, bailiffs may engage the

the assistance of a specialist as needed.



The authority may authorize the applicant or an authorized representative of

the applicant is present at the inquiry to assist with

information. If such permission is given, the authority shall see

that the applicant or agent not more than

which can be justified by the enforcement becomes aware of

conditions that will arrive. Law (2006:682).



section 59 h Photographs and video and audio recordings by subject

as well as copies of and extracts from documents shall be listed and

shall be made available to the applicant and the respondent. Act (1998:1456).



60 § If any professional utilizes a patent pending invention

After the documents in the application dossier has been

available under section 22, it is said of patent infringement

apply to the extent that the application results in a patent.

For the time before the patent has been granted under section 20 covers

patent protection but only what is apparent from both the

the claims in their amended application became widely

available as of the claims according to the patent. The penalty may

not be judged out, forfeiture may not be made and compensation for

damage as a result of exploitation that takes place before the patent is

delivered may be determined only in accordance with paragraph 58.



If the claims are written in English, the first subparagraph applies

only if a translation of the claims into Swedish, see

available in the application dossier and, if the translation has

submitted after the release pursuant to section 22 paragraph 5

the first sentence has been made, the Patent Office has issued a

special notice regarding the translation.



It is said in the third paragraph of section 58 shall not apply, if

an action is brought within one year after the

notice of opposition has expired or, if objection has been made,

at the latest one year after the Patent Office has decided

that the patent should be maintained. Law (2014:289).



61 section If a patent has been suspended or declared invalid

by a decision or a judgment which has become final,

the Court does not impose punishment, decide on forfeiture,

notify the injunction, judge penalty or compensation or

decide on other action referred to in paragraphs 57 to 60.



Brought legal proceedings relating to patent infringement and against which an action

sales contended that the patent is invalid, the question of

nullity must be examined only after the action has been brought.

The Court should submit to it claiming that the patent is

invalid to within certain time may bring such an action.



Sales in the same trial action for patent infringement and an action for

the invalidity of the patent and it is with regard to the investigation

appropriate to the question of whether patent infringement exists is determined

in particular, may, at the request of either party

particular judgment is given in the question. If the particular judgment is given, the

the Court shall order that the case of nullity should rest until

the judgment has become final. Law (2009:111).



62 § anyone who intentionally or negligently not call

failing to fulfil what is incumbent on him under section 56 is sentenced to

fines.



Such penalty shall also be imposed on anyone who, in the cases referred to in the said

section intentionally or negligently not call leaves incorrect

Enlightenment, if not for the criminal offence Ordinance in the Penal Code.



Anyone who willfully or negligently failing to fulfil what

It is incumbent on him pursuant to § 56 or, in the cases referred to therein leaves incorrect

enlightenment to replace damage. Is negligence make feel

the compensation to be adjusted.



Offences referred to in the first and second subparagraphs may be prosecuted by the public prosecutor

only if the plaintiff set it to indictment and prosecution for specific reasons

is called from a general point of view. Lag (1991:296).



63 § Patentees or the like due to licensing owns exploit

the invention may bring an action for declaratory relief, whether due

patent protected vis-à-vis other, if uncertainty exists about

the relationship and this countries detrimental to him.



Anyone who operates or intends to operate the business owns, over the same

conditions, institute proceedings against the patentee for a declaration, whether obstacles

against the business exists because of certain patents.



If in the case referred to in the first paragraph claims that the patent is

invalid, own the provisions in paragraph 61 the corresponding

application.



64 §/expires U:den day Government/

Anyone wishing to bring an action for nullity of patents, transfer of

patent or the grant of a compulsory license shall notify the

the Patent Office and shall inform any person who under the patent register

holds a license to or lien in the patent. Would a licensee

bring an action for infringement of a patent or for a declaration under section 63

first subparagraph, he shall inform the patent owner accordingly. The same

applies, if a pledge holders wish to institute proceedings in respect of infringement of

patent.



Notification obligation referred to in the first subparagraph shall be considered to have been fulfilled when

the secret of paid registered mail sent under the address

as recorded in the patent register.



Not shown, when the action is brought, that the application or notification has been made under


the provisions of the first subparagraph, the plaintiff given time.

He misses this time, feel his actions non-admitted to the trial. Team

(1987:1330).



the entry into force of § 64/I:den day Government/

Anyone wishing to bring an action for invalidation of a patent,

the transfer of a patent or the grant of a compulsory license shall

notify the patent authority and shall inform each

one who holds a license under the patent register or

mortgages on the patent. If a licensee wishes to bring an action for

infringement of a patent or for a declaration under section 63

the first subparagraph, the licensee shall notify the proprietor of the patent if

this. The same applies if a pledge holders wish to institute proceedings with

reason of infringement of the patent.



The notification obligation referred to in the first subparagraph shall be deemed to

upon completion, when the notification of preferred paid

shipment sent to the address entered in the

patent register.



If, at the time the action is brought did not appear to notice or

notification has been made pursuant to the first subparagraph, the plaintiff

to remedy the deficiency within a certain time. Follow

the plaintiff is not injunction, should the action be dismissed.



This section does not apply to those who want to bring an action before the

Court referred to in section 93 or before a Swedish court

in the case of a European patent provided for in § 80 third

paragraph. Law (2014:434).



§ 65/expires U: 2016-09-01/

The Stockholm District Court is the proper Court in proceedings relating to



1. better right to patent-pending invention,



2. patent nullity or transfer of the patent,



3. communication of the compulsory license, the establishment of new conditions or

revocation of such license or right referred to in section 53, second paragraph,



4. patent infringement,



5. a declaration under section 63 or



6. determination of compensation under section 78. Lag (1978:149).



the entry into force of § 65/in: 2016-09-01/

Patents and the market Court is the proper Court in matters under this Act. The same applies in case of better right to patent-pending invention.



It is stated in the code of judicial procedure concerning restriction of judicial jurisdiction of dispute to be addressed in different order than before the courts shall not apply in respect of a claim if the information injunction or infringement search. Law (2016:192).



the entry into force of § 65/I:den day Government/

Patents and the market Court is the proper Court in matters under this Act subject to section 65. The same applies in case of better right to patent-pending invention.



It is stated in the code of judicial procedure concerning restriction of judicial jurisdiction of dispute to be addressed in different order than before the courts shall not apply in respect of a claim if the information injunction or infringement search. Law (2016:229).



65 a of/comes into force I:den day Government/

If the Court referred to in paragraph 93 has exclusive jurisdiction

According to the agreement referred to in that paragraph, may not

admissible by a Swedish court. Law (2014:434).



§ 66/expires U: 2016-09-01/

The objectives set out in section 65 is the District Court will be composed of four members, of

the two must be scholars and two technical experts. More than three

scholars and three technical experts, members may not sit in court.

One of the scholars members shall be the presiding judge.



By the decision of the case without trial, as well as in the handling of cases which

does not take place at the main hearing or vision of the place, is the District Court, however,

attained with a legal expert. In such cases, no more than a

legal expert and a technical expert member sit in court. In doing so, the

the President of the Member-in-training. Law (1986:233).



the entry into force of § 66/in: 2016-09-01/

Final decisions of the Patent Office and decisions pursuant to section 26 of the second and third paragraphs, 36, 42, 72 or section 73 may appeal to Patent and market court within two months from the date of the decision.



The provisions of section 22, sixth paragraph, apply to the documents received to Patent and market Court, Patent and market superior court or the Supreme Court.



In addition to the provisions of Chapter 5. section 1 of the code of judicial procedure, a meeting of a matter under this Act, be held in camera, unless the patent application being tested in the case is not available to everyone under section 22.



An appeal to Patent and market superior court or the Supreme Court may not cover other claims than those that have been tried by the order under appeal. Law (2016:192).



67 §/expire U:2016-09-01 by law (2016:192)./

The Court of appeal is in goal, in whose judgment in the District Court

technical expert member participated, attained by three scholars

and two technically qualified members. Has three scholars

members participated in the District Court's ruling, shall be at least

four scholars members participate in the decision of the Court. More than

five scholars and three technical experts, members may not

sitting in court.



If the Court finds that the participation of technical experts

Members obviously not needed, is the Court attained without

such members.



In the treatment of questions concerning leave to appeal to the Court of appeal

consist of three members-in-training. A technical expert member

may, however, be included in the law rather than one of the scholars

members. Act (2005:692).



68 § U:2016-09-01/expires by law (2016:192)./

The Government or the authority, as the Government determines

orders for some time those who will serve as technical

expert members in the District Court and the Court of appeal.



If, while a technical expert members participate in

treatment of a goal, a circumstance that causes

that appointment expires, the settlement still

apply in the current case.



The presiding judge shall appoint from among the appointed for each goal

them to be included in the law. This should be done with regard to the

What technical expertise needed and other conditions

in the case. Team (2013:84).



68 a § in civil proceedings according to § 65, right, of the patent specification

as a whole is not available in Swedish at

the Patent Office, shall submit to the patent or other

for action on the basis of a right deriving from the patent proprietor

to file a translation into Swedish of the specification. If

the imposed party is plaintiff in the case, shall order

hosted by penalty that might otherwise be rejected. Is

the defendant, the party should the injunction in

rather than be at the penalty to the right can otherwise let translate

patent document at his expense. Law (2014:289).



§ 69/expire U:2016-09-01 by law (2016:192)./

In cases under section 65, the right to obtain the opinion of the

Patent Appeals, if it is required. Law (1977:730).



70 § Transcript of judgment or final decision in the case referred to in section 65 shall

be sent to the Patent Office.



70 a of/comes into force I:den day Government/

A judgment given by the Court

referred to in section 93 is effected in this country as a corresponding

Swedish opinion. Law (2014:434).



10 Cape.



Specific provisions



71 §/expires U:den day Government/

Patent holders that do not have resident here in the Kingdom, to be here

resident agent, who owns him receive service of summons,

summons and other documents in matters concerning the patent

except by subpoena in the criminal case and the injunction for the party to appear

in person before the Court. Representative shall be notified to the patent register

and recorded therein.



The patent proprietor has not notified agents referred to in the first subparagraph, may

the service in place by the document to be served is aired

to him in the mail in the paid letter of his in the patent register

recorded address. Is the full address is not recorded in the register, may

service of process by writ shall be held available in

Patent Office and by notice and if the document

main content is published in the publication, which the Government determines.

The notification shall be deemed to have occurred when the foregoing has been completed.



The Government owns under the condition of reciprocity shall order that

the provisions of the first and second subparagraphs non school effect in

question if patent holders who live in some foreign country or have

a resident in that State agents, which is notified to the patent register here

in the Kingdom, and possess the competence referred to in the first subparagraph. Law (1977:700).



the entry into force of § 71/I:den day Government/

A patentee who is not domiciled in Sweden shall have

an agent who is a resident here. The Attorney shall be entitled to

the patentee to receive service of summons, the summons and

other documents in cases concerning patent title

except by subpoena in the criminal case and the injunction for the party to

appear personally in court. The delegate must be notified

to the patent register and shall be recorded in this.



If the patentee has not notified an agent, get the service in the

rather than take the form of the document to be served is sent to

the patentee with the entry of the charge letter to the address

has been recorded for the proprietor of the patent in the patent register. If a

the full address is not recorded in the register, may

the service done by the Act is kept available at

Patent Office and by a message and

If the document's primary content is published in the

publication as the Government Announces rules on.

The notification shall be deemed to have occurred when the set is

completed.



The Government may, on condition of reciprocity, notify


that the provisions of the first and second

paragraphs shall not apply in the case of patent holders who have

some foreign State resident or have an in the State

resident agent, which is notified to the Swedish

patent register and have the permission referred to in the first

paragraph.



This section does not apply in the case of holders of the European

Patents referred to in paragraph 80. Law (2014:434).



section 72 Of the applicant or patent proprietor despite the fact that he or she

has complied with all the care that has been conditioned by the circumstances

have suffered legal losses because he or she does not have

taken a measure of the Patent Office within the time

provided for in this Act or pursuant to the law and take he

or her action within two months of decay

ceased, but not later than within one year from the date of expiry, shall

Patent Office to explain that the measure shall be considered as having been taken in

the right time. If the applicant or the patentee would receive such a

explanation, he or she shall, within the time specified

for the action request of the Patent Office and pay a

fee.



With regard to the deadline referred to in paragraph 6, an explanation

referred to in the first subparagraph shall be given only if the application for the

priority is claimed is filed within two months from the

output as well as a request for explanation and fee

paid within the same period.



In the case of an international patent application that has been completed in

Sweden pursuant to section 31 of the first and second paragraphs apply also

If the applicant has suffered loss of law on the grounds that he or

She does not have to comply with a time limit vis-à-vis the host

authority, the International Searching Authority,

authority for international preliminary

examination or international Office. The action

which have not been taken within the time limit shall, in the cases referred to

This taken with the Patent Office. Law (2007:516).



73 section Has, in the case referred to in section 31 or 38, act or duty

dispatched by mail non-receipt to the Patent Office within the prescribed

time but becomes it with the shipment intended action taken within two

months from the date the claimant knew or off realize that the deadline

been exceeded, but at the latest within one year from the date of expiry, shall

Patent Office to explain that the measure shall be considered as having been taken at the right time,

If



1) interruptions in postal relations occurred during any of the ten days

prior to the deadline because of war, revolution, civil commotion,

strike, natural disaster, or other similar circumstances at the place where the

the sender resides or has his business, as well as the document or fee

sent to the Patent Office within five days from the

postal relations resumed, or



2) document or fee sent to the Patent Office in

registered mail no later than five days before the deadline, however,

only if the item was sent by airmail where possible or

the sender had reason to assume that the shipment at nor-promotion

should have arrived to the Patent Office within two days of

the date of dispatch.



Would patent the applicant win declaration referred to in the first subparagraph, he shall

make written presentation thereupon at the Patent Office within the time

where foreseen for the action. Law (1983:433).



74 section 72 or 73 Has production been upheld under section and shall

Consequently, patent application, written off or refused after the

become available under section 22, agas for continued processing

or patent, which expired, is considered upheld, the release thereof

is issued.



Has anyone, after the time of re-starts by the written-off

the application expired or decision has become final or the

the patent expired but before the notice was issued in good faith begun

exploit the invention professionally here in the Empire, he may notwithstanding

patent continue exploitation while maintaining its general nature.

This right to use is added under the corresponding conditions

even the person who has taken substantial steps to make use of the invention

Professional here in the Kingdom.



The right referred to in the second subparagraph may be released for other only together with

movement, wherein the raised or exploitation intended school take place.



75 §/expire U:2016-09-01 by law (2016:192)./

Other final decisions of the Patent Office than referred to in

section 26 and the decision under section 72 or 73 42, may be appealed to the

Patent appeals within two months from the day.



Any final decision of the Court of patent appeals may be appealed to the

The Supreme Administrative Court within two months from the

today. In so doing, apply the provisions of sections 35 to 37

administrative judicial procedure Act (1971:291) on appeal by

the decision of the Chamber. The decision of the Swedish court of patent appeals shall contain

indication of the need for special permit for examination in

The Supreme Administrative Court and if the grounds on which a

such authorization. Law (2010:1395).



§ 76 Charges under this Act are set by the Government. In doing so,

the Government, with respect to the annual fees, order that one or more of the

the first fee years shall be free of charge. Law (1983:433).



77 § Government, or Government authority determines,

Announces rules on the enforcement of this Act. Registers

of the Patent Office shall be available to the public in

the extent to which the Government decides.



The Government may provide that documents in cases

regarding the patent application may be disclosed to an authority in

other State.



The Government may also provide for



1. the examination of applications for patents, for the production

by the Patent Office, may take place with an authority in another State

or by an international institution, and



2. that the applicant for a patent on an invention, for which he

or she applied for a patent in any other State, shall be required to

report what the Patent Office in the State expressed to him

or her examination of the patentability of invention.



Regulations on accountability under third subparagraph 2

may, however, be granted in respect of such patent application referred to

in Chapter 3, if it has been the subject of international preliminary

examination and a report on this review given

submitted to the Patent Office. Law (2007:516).



section 78 is Empire at war or war danger owns the Government, if it

is necessary from the point of view of the public, order, to correct, to some

invention shall be surrendered to the State or to other Government

determines. For the right to the invention, thus tages, shall

reasonable compensation is paid. Meet non agreement on compensation

with the eligible beneficiaries, determined the remuneration of the right.



Has the right to the invention claimed by other than the State as a result

of the writ referred to in the first subparagraph and fulfill this non their

liability, the State is obliged to, upon application by the

eligible immediately pay the compensation.



79 section On inventions of importance to the Empire's defenses apply special

provisions.



11 Kap.



European patent



80 §/expires U:den day Government/

With European patent referred to patents granted by the European

According to the Patent Office in Mu ' nchen ended on 5 October 1973

the European patent Convention. With a European patent application referred to

patent application as changes are made in accordance with that Convention.



An application for a European patent in the European Patent Office.

Such an application may be submitted also to the Patent Office for that of this

forwarded to the European Patent Office. Application referred to in

Article 76 of the Convention (European divisional application) shall be

always be submitted to the European Patent Office.



The provisions of §§ 81--93 apply to European patents for Sweden and

European patent application covering Sweden.



80 §/I:den date of entry into force of the Government/

With the European patent "means a patent granted by

the European Patent Office under the in Munich on 5

October 1973 ended the European patent Convention. With

European patent application "means an application for a patent made

According to the Convention.



An application for a European patent shall be submitted to the European

the Patent Office. Such an application may be submitted also to the

Patent Office to this is forwarded to the

the European Patent Office. An application referred to in article 76 of

Convention (European divisional applications) should always be given

submitted to the European Patent Office.



European patent can have uniform effect in accordance with the

European Parliament and Council Regulation (EC) No 1257/2012 of

17 december 2012 implementing enhanced

cooperation in order to create a uniform patent protection.

Law (2014:434).



81 §/expires U:den day Government/

European patent is announced, when the European Patent Office

announced its decision to grant the patent application. The European

the patent has the same effect as a patent announced here in the Kingdom and

also follow the same rules as in other such patent, unless otherwise

provisions of this chapter.



the entry into force of § 81/I:den day Government/

A European patent is announced, when the European

the Patent Office has announced its decision to grant the

patent application. A European patent has the same legal effect

as a patent which has been granted in Sweden and also in

Moreover, the same rules as such a patent, if not

otherwise provided in this Act. Law (2014:434).



§ 82/expires U:den day Government/


A European patent has effect in Sweden only if

the applicant within three months after the date on which the European

Patent Office announced its decision to let the patent to

the Patent Office has



-given a translation, as provided for in the third

subparagraph, of the text in which the patent granted by the

the European Patent Office, and



-paid a fee for the publication.



Decides that the European Patent Office that a European patent

to be maintained as amended or limited, the

equivalent also in the revised text.



The patent claims must always be given in translation into Swedish.

Has the patent issued in German or French, shall

the description is given into the translation to Swedish or

English.



The translation shall be made available to each one. The

shall not be made available until the European

the Patent Office has published the European patent application.



Have the translation filed and the fee paid within

the prescribed time limit and have the European Patent Office announced

his decision to let the patent or decided that it

the European patent to be maintained as amended or

limited, it shall be published by the Patent Office.

Law (2007:518).



the entry into force of § 82/I:den day Government/

A European patent has effect in Sweden only if

the applicant within three months after the date on which the European

Patent Office announced its decision to let the patent to

the Patent Office has



– given a translation, in the manner prescribed in

the third paragraph of the text in which the patent granted by the

the European Patent Office, and



– paid a fee for the publication.



If the European Patent Office decides that a European

patent to be maintained as amended or restricted;

applies equivalent also in the revised text.



The patent claims must always be given in translation into Swedish.

If the patent has been issued in German or French, should

the description is given into the translation to Swedish or

English.



The translation shall be made available to each one. It shall

not, however, be kept available until the European

the Patent Office has published the European patent application.



If the translation is filed and the fee paid within

the prescribed time limit and the European Patent Office has announced

his decision to let the patent or decided that it

the European patent to be maintained as amended or

is limited, it will be published by the Patent Office.



This section does not apply in the case of European patent referred to

in paragraph 80. Law (2014:434).



82 a of/comes into force I:den day Government/

If a European patent may uniform effect referred to

in paragraph 80, the applicant's action according to § 82 without

effect. Law (2014:434).



section 83 Has a patentee is not taken within the prescribed period

action referred to in section 82, what is said in paragraph 72

If the patent applicant apply mutatis mutandis. Explained under

of section 72 to such action shall be deemed to be taken at the right time, shall

It is published by the Patent Office.



Has anyone, after the time for taking action under section 82

expired but before the notice was issued in good faith begun

exploit the invention professionally in Sweden or taken

essential actions for it, he has the right provided for in § 74

the second and third paragraphs. Law (2006:625).



84 repealed by Act (1993:1406).



section 85 Of the European Patent Office has decided to limit

or partially or completely revoke a European patent, it shall

This have the same effect as if the patent accordingly

restricted or declared invalid in Sweden. In order for a

mitigation decisions shall take effect in Sweden, however,

the conditions in section 82. The Patent Office

shall announce the decision. Law (2007:516).



86 §/expires U:den day Government/

For the European patent, the annual fee should be paid to the

Patent Office of each fee year beginning after that in which the

the European Patent Office announced its decision to grant the

patent application.



Paid no renewal fee for the European patent as referred to in

the first paragraph and in paragraphs 41 and 42, paragraph 51 have the corresponding application. The

the first annual fee for the European patent expires, however, not to

payment until two months have elapsed from the date on which the patent

It was announced. Law (1983:433).



86 entry into force § I:den/day Government/

For a European patent, the annual fee is paid to the

Patent Office of each fee year beginning after the

contribution years during which the European Patent Office has

announced its decision to grant the patent application.



If the annual fee is not paid for a European patent as referred to in

What is said in the first paragraph and in paragraphs 41 and 42, applied

§ 51. The first annual fee for a European patent

However, the payment is not due until two months have

gone from the day on which the patent is granted.



This section does not apply in the case of European patent referred to

in paragraph 80. Law (2014:434).



§ 87 a European patent application for which the European

Patent Office confirmed the filing date, be in Sweden have the same

effect as a Swedish patent application with the same filing date.

Enjoy the application under the European patent Convention

the priority of earlier date than the date of filing, it shall allow such

priority should be taken into account.



For the purposes of paragraph 2, second subparagraph, second sentence

publication of a European patent application under

Article 93 of the European patent Convention be equated with

the application becomes generally available under section 22. This applies to

even a publication as referred to in article 153(3) or 153(4) in

the Convention, if the publication of the European

the Patent Office shall be assimilated to a publication under

Article 93. Law (2007:516).



88 § European patent application Has been published under the European

Patent Convention and have translation into Swedish of the claims in the

the version they published and submitted to the Patent Office

prescribed fee, the Patent Office shall issue a proclamation

thereupon, and keep the translation available to everyone.



Utilizing a professional invention that wanted protected in European

patent application after the Proclamation issued pursuant to the first subparagraph,

owns what is being said about patent infringement the corresponding application if

the application results in a patent for Sweden. In such a case includes

patent protection may only be shown in both of the claims in the

version they were published as by the claims according to the patent. To punishment

may not be prosecuted and compensation for damage may be determined only according to § 58

second paragraph.



The provisions of paragraph 58 owning non-application, if

an action is brought within one year after the time for objection

the European patent expired or, if objection is made, at the latest one

years after the European Patent Office decided that the patent shall

be maintained. Law (1980:105).



89 section has the European patent application or claim that such application shall

include withdrawn or Sweden, according to the European

Patent Convention such a withdrawal shall be deemed to have occurred and have the application

non resumed pursuant to article 121 (1) of the Convention, shall have

same effect as the withdrawal of the patent application at the Patent Office.



European patent application has been rejected, this shall have the same effect as

rejection of patent application here in the Kingdom.



90 section If a text has been translated and submitted to the

Patent Office under section 82 or 88, case of text

worded in the language of the proceedings at the European

the Patent Office.



When a translation referred to in the first subparagraph are held

available by the Patent Office, it should be clear that it is

wording in the language of the proceedings at the European

the Patent Office. Law (2014:434).



repealed by law 91 (2014:434)



section 92 Of the European Patent Office has decided to limit

or partially or completely revoke a European patent or has

in respect of a European patent application entered such

relationship within the meaning of section 89, but explains the European

the Patent Office under the European patent Convention

the patentee or the applicant repeated in earlier rights,

This also applies in Sweden.



Has anyone, after the decision was rendered or the relationship

entered but before the European Patent Office issued

Proclamation of declaration referred to in the first subparagraph in good faith

started to exploit the invention professionally in Sweden or

It has taken substantial measures, he or she has the

the right referred to in the second and third paragraphs of section 74.



If the European Patent Office has eliminated a decision under

Article 112 a of the European patent Convention, the

the decision on the removal even in Sweden. If a European

the patent has taken effect in Sweden after the

the European Patent Office has decided on the removal of a decision,

the provisions in the second paragraph shall apply if the use

started or actions were taken before the decision on the

the elimination was announced. The same applies if the patent protection

the scope of a European patent in force in Sweden has

extended after the European Patent Office has decided on

the Elimination of a decision. Law (2007:516).



section 93 of the European patent application submitted to a

National Patent Office is deemed to be withdrawn for this reason

It does not come in to the European Patent Office within

the prescribed time limit, the Patent Office at the request of


the applicant raise the transformed into a Swedish

patent subject



1. that the request be submitted to the national authority

who received the patent application within three months from the date the applicant

were informed that the application was considered withdrawn and, in addition,

coming in to the Patent Office within 20 months from the date

When the application was filed or, if priority is claimed, the date of

which priority is claimed, and



2. that the applicant within the time limit set by the Government pays

prescribed application fee and provide translation in

Swedish or English of the patent application or, if the application is

written in English, a copy of the application.



If the patent application complies with the requirements on the application form that

provided for in the European patent Convention and

the arrangements for implementing this, should it be accepted in this

respect. Law (2014:289).



93 a of/comes into force I:den day Government/

The agreement on a unified patent court is

provisions for a court whose task it is to deal with

disputes concerning European patents. Law (2014:434).



93 (b) §/I:den date of entry into force of the Government/

The State shall replace the injury in accordance with article 22 (1)

and 22(2) of the agreement referred to in section 93. Law (2014:434).



12 Cape. Pledge



§ 94/expires U:den day Government/

Patent has been issued or in effect here in the Kingdom can

pledged pursuant to the provisions of this chapter.



A pledge may also refer to



1. Swedish patent application,



2. international patent application that has been completed in accordance with section 31, or as

has been admitted to treatment in accordance with the third paragraph of section 33 or section 38,

or



3. a European patent application for which the translation under paragraph 88

submitted to the Patent Office or converted under section 93.



Mortgages in a patent also covers a part of the application that

becomes the subject of partition or secession. Law (1987:1330).



the entry into force of § 94/I:den day Government/

A patent which has been granted or have effect in Sweden

may be pledged in accordance with the provisions of this chapter. In question

If the European patent referred to in the third subparagraph of section 80 applies

though not the first and second paragraphs of section 95, paragraph 96 and

third subparagraphs, paragraph and third paragraphs 97 and 99, 100

and 104 sections.



A pledge may also refer to:



1. a Swedish patent application,



2. an international patent application that has been completed in accordance with

section 31 or who has been admitted to the processing according to § 33

the third paragraph or section 38 or



3. a European patent application for which the translation under

section 88 has come in to the Patent Office or who have

converted under section 93.



Mortgages in a patent also covers a part of the application

that becomes the subject of partition or secession. Law (2014:434).



94 a of/comes into force I:den day Government/

If the European Patent Office in the European

patent register sign a written agreement if the

pledge of a European patent provided for in § 80 third

paragraph, have the pledge effect under the provisions of

This chapter.



In the case of European patent with unitary effect for the purposes of the

as stated in the



– 95 paragraph and paragraph 102 of

Instead, the Patent Office European Patent Office,



-96 section on patent register instead it

European patent register, and



– 101 section for registration according to § 95 instead

registration in the European patent register. Law (2014:434).



95 § lien in a patent or patent application is generated by registration

by a written agreement of pledge of property. Application for

registration is done by the Patent Office.



If a registered Lien has been released on any other, shall

request be recorded in the patent register or register of patent applications.



Have a lien granted to several separately, the grant

preference for which application for registration was first received at the

Patent Office, unless otherwise agreed.



The same day on which the application for registration of a number of leases, they have

precedence among themselves according to the time sequence in which they have taken place, if

unless otherwise agreed. Is simultaneous transfer operations or it may not

investigated in the time sequence they have occurred, they have equal rights. Team

(1987:1330).



96 § application for registration according to § 95 made by the person entitled to

the patent or patent application or of the to which a lien has

granted. The applicant shall prove upplåtarens the right to the patent, or

patent application.



The patent register is specified as the patentee shall have the right

to the patent, unless otherwise indicated in the case. Relating to the application for

registration of pledge of a patent application, the

registered with the Patent Office as the inventor or his/her

rightholders are deemed to have the right to the patent application, unless otherwise

shown in the matter.



Is under, when the application for registration is made, on the basis of attachment,

bankruptcy, incapacity, payment assurance, lien or any other

reason does not have jurisdiction to dispose of the pledged property;

the application may not be accepted. Law (1987:1330).



97 § a contract of pledge of patents may be registered where patent has

or, if the agreement relates to a European patent, when this

According to § 82 takes effect here in the Kingdom.



A contract of pledge of patent application can be registered when this has

registered in the register of the Patent Office or, if the agreement relates to a

European patent application, when the release has been issued under section 88.



If a pledged patent application leading to patents granted, relate to

then the patent pledge items. Law (1987:1330).



98 § Even if registered, valid lien on the mortgaged

the property only if the deposit agreement entered into by someone who was right owner

to property and jurisdiction to dispose of it and if the agreement is not

nor for any other reason is invalid. Law (1987:1330).



99 § mortgage is past due, if the patent or patent application has

transferred to someone else, or otherwise by reason of the provisions of this

Furthermore, the law does not apply. Law (1987:1330).



100 § Registration shall be removed, if the pledge by final

they have been declared invalid or if the mortgage has expired or

otherwise expired. Law (1987:1330).



101 § pledge of patent or patent application is effective from the time of

application for registration according to § 95 against the person later acquires

ownership or other rights to the property.



A license agreement is effective against the pledgee if the agreement has been concluded before the

application for the registration of a pledge contract. Law (1987:1330).



102 § Provisions in other laws on hand a lien upon repossession or in

bankruptcy also apply to mortgages on patent or patent application. When

application for registration according to § 95 received by the Patent Office

carries the same legal effects as a pledge holders take a loose thing in

possession.



Sold pawned patent or patent application for repossession or bankruptcy,

consists of such license agreements referred to in paragraph 101. Team

(1987:1330).



103 § Pledge creditor may sell the pledge and withdraw his claim out of the

the purchase price only if he has previously provided notice to the debtor and the

any other known interested parties about the sale and these have received reasonable

notice to safeguard their rights.



On sale under this section comprises such license agreement

referred to in paragraph 101. Law (1987:1330).



§ 104 the applicant for registration under this chapter shall pay

a fee. The Government determines the amount. Law (1987:1330).



Chapter 13. Supplementary protection certificate



§ 105/expires U:den day Government/

The applicant for supplementary protection certificate or extended

the period of validity of a supplementary protection certificate under regulation

(EEC) No 1768/92 of 18 June 1992 concerning the supplementary protection certificate for

supplementary protection of medicinal products or of the European Parliament and of the

Council Regulation (EC) No 1610/96 of 23 July 1996 on

supplementary protection certificate for plant protection products shall pay fixed

application fee.



For SPC shall also be paid the annual fee. Contribution year

counted from the date on which protection took effect and then from

the corresponding day. Law (2007:242).



the entry into force of § 105/I:den day Government/

The applicant for supplementary protection certificate or extended

the period of validity of a certificate in accordance with the European Parliament's

and Council Regulation (EC) No 469/2009 of 6 May 2009 on the

supplementary protection certificate for medicinal products, or if the application fora certificate or when under

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 shall pay the prescribed application fee.



For additional protection, it should be paid the annual fee. Contribution year

counted from the date on which protection took effect and then

from the corresponding day. Law (2014:434).



Section 106 as stated in Chapter 9. on liability shall apply to the

SPC. Act (1994:1511).



107 repealed by Act (1994:1511).



108 repealed by Act (1994:1511).



repealed by law 109 (1994:1511).



110 repealed by Act (1994:1511).



111 repealed by Act (1994:1511).



repealed by law 112 (1994:1511).



113 repealed by Act (1994:1511).



114 repealed by Act (1994:1511).



Transitional provisions



1986:233



1. this law shall enter into force on 1 July 1986.



2. in the case of a District Court with quorum, the older rules

still apply to the main proceedings that have commenced before


entry into force as well as in the deliberations and voting in connection

to the main negotiations.



3. in the case of the quorum Court shall be the Court of older regulations still

apply in the case where the final proceedings have commenced before

the entry into force.



4. in the case of appeals against decisions of patent appeals has

announced prior to the entry into force, the old rules still

applied.



1986:1156



This law shall enter into force on 1 January 1987. In the matter of the appeal fee

where an appeal is brought against a decision given before the date of entry into force applicable

However, older regulations.



1992:1688



1. this law shall enter into force on the day the Government determines.



2. Next to the day the Government particularly determines shall, for the purposes

of the new third subparagraph of paragraph 3 of rule 2), the fact that

foodstuffs or medicinal products brought into circulation in Finland or to

medicines brought into circulation in Iceland does not imply that

product brought into circulation within the European economic

area. The foregoing applies only in respect of products

enjoying patent protection in Sweden on other grounds than that they constitute subject-matter

manufactured according to the patented process.



1993:1406



1. this law shall enter into force on 1 January 1994.



2. If an application for a patent has been approved for the laying before

entry into force, the old rules apply, with the exception of

as indicated in paragraph 3.



3. The provision in section 72 shall apply also in the case of a patent

given and an application to be examined under the older

provisions.



4. If an application for a certificate relating to ingredient in a medicine

approved after 1 January 1985, but before the entry into force

the application of this law, notwithstanding section 107

the first sentence shall be made not later than 30 June 1994.



5. If an application for a certificate relating to ingredient

protected by a patent on 1 January 1993, but the patent

period of validity has expired prior to the entry into force of this law, may

application notwithstanding 106 § 1 shall be made no later than 30 June 1994.



A supplementary protection certificate granted, on application, in accordance with the first

the paragraph will take effect after it has been issued.



Has anyone after the expiry of the patent term, but before

the application for a certificate as referred to in the first subparagraph was made in good faith

started to exploit the invention professionally in this country, he may without

barriers of the SPC continue exploitation while maintaining

of its public art. This right to use is during

similar conditions also have taken substantial

measures to exploit the invention professionally in this country.



The right referred to in the third subparagraph may be released to someone else only

together with the business in which it occurred, or

the use intended school take place.



1994:1511



1. This law shall enter into force simultaneously with the law by reason of

Sweden's accession to the European Union.



2. in the case of a certificate which has been issued before the entry into force

for older provisions.



2000:1158



This law will be effective in the case of section 8 in force on the day the Government

determines and otherwise on 1 January 2001.



2004:159



1. this law shall enter into force on 1 May 2004.



2. The new provisions shall also apply to patents

been issued or applied for before the date of entry into force.



2006:625



1. this law shall enter into force on the day the Government determines.



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.



2007:516



1. This law shall enter into force, with respect to 6 a-6 d, 8, 8B, 8 c,

13-15, 24, 26, 29, 31-33, 40 a-40 d, 46 a, 52-54, 72, 77 and

§§ 91, on 1 July 2007 and otherwise on the day the Government

determines.



2. The new provisions shall, subject to paragraph

3 or 4, also apply to patents granted or

applied for before the date of entry into force.



3. for the processing and settlement of patent applications

made before the entry into force applies to 6 d, paragraphs 13 and 14 in

older version.



4. Have someone before 1 July 2007 in good faith begun to

Professional exploit an invention, for which issued a

patents whose scope is limited to the application of

40 a-40 c § § or § 52, second subparagraph, and constitutes exploitation

infringement of the patent as a result of the amended patent claims

added to information not revealed by the requirements in force

before the restriction, use while maintaining its

public art is continued notwithstanding the patent. The same

applies to the person before the entry into force has taken significant

measures for a professional use of the invention.

The right to continue the exploitation may be released to someone else

only together with the business in which it has arisen or

the exercise is intended to come to pass.



2009:111



1. this law shall enter into force on 1 april 2009.



2. the provisions of 57 c 57-57 (f) and (h) § § shall not apply

When the intrusion, or attempt or preparation for

infringement, committed before the entry into force.



2011:580



1. this law shall enter into force on July 1, 2011.



2. The new provisions also apply to patents

been issued or applied for before the date of entry into force.



2014:289



1. this law shall enter into force on 1 July 2014.



2. Older provisions apply to Swedish patent applications

that have been made, as well as international patent applications

been completed and the European patent applications sought

converted before entry into force.



2014:434



1. this law shall enter into force on the 1 July 2014 in the case of 6 (b),

90 and 91 paragraphs and otherwise on the day the Government determines.



2. 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 of the terms of his older version 90

and the repealed section 91. The same applies in the case of a

European patent for which the European Patent Office before the

entry into force has announced its decision to grant the

patent application.



2016:192



1. this law shall enter into force on 1 september 2016.



2. Older provisions still apply to cases decided by the Court of patent appeals before the entry into force.



3. Proceedings instituted in the District Court of Stockholm or Svea Court prior to the entry into force shall be submitted to the Patent and the market Court and Patent and market superior court.



4. Older provisions still apply to other cases that have commenced in the Court prior to the entry into force.