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COUNTRY : KINGDOM OF SWEDEN
CAPITAL : STOCKHOLM
LANGUAGE : SWEDISH
The Swedish Patent & Registration Office is also known as the ‘PRV’
Protection to Inventions is provided at a two tier level in Sweden:
- THROUGH NATIONAL REGISTRATION. Direct Filing with the National Patent & Trademark office
- THROUGH EUROPEAN PATENT CONVENTION.
Kindly refer our guide on the European Patent Convention procedures.
INTERNATIONAL TREATIES TO WHICH SWEDEN IS SIGNATORY
- Paris Convention for the protection of Industrial Propert
- Patent Co-operation Treaty “PCT”.
- Agreement on Trade Related Aspects of Intellectual Property Rights “TRIPS”.
- Budapest Treaty On The International Recognition of the Deposit of Micro Organisms For The Purposes of Patent Procedure
- European Patent Convention.
PATENT LEGISLATION IN SWEDEN:
The Swedish legal system follows the Civil Law system modelled after the German Civil Law model.
Patents in Sweden are governed by: Patents Act (1994) last amended by Acts Nos. 1406 of 1993 and 234 of 1994.
Patents are granted by the Office of the Swedish Patent Office – PRV.
BASICS REGARDING PATENTABILITY OF INVENTIONS IN SWEDEN:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention. For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered “obvious” when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be “when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture”.
INVENTIONS NOT PATENTABLE IN SWEDEN:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Substances already existing in nature and nuclear materials.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers.
- Inventions contrary to public order & morals.
- Methods of treatment by surgery or therapy on humans and animals.
- Plant, animal varieties.
- Essential biological processes for the production of plants, animals.
- Human body in its formation, developmental stages, Simple discovery of one of it’s elements, sequencing, partial sequencing of a gene.
- Prejudicial to the Interests or Security of the Nation.ParityPatents Law Firms through its associates in Sweden is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN SWEDEN:
- An Application Form
- . A description of the invention
- One or more Patent Claims
- An Abstract
- Drawings if any
- Filing fee.
EXAMINATION OF THE PATENT APPLICATION IN SWEDEN:
- Once the patent application is filed, the application is scrutinised for defence & security aspects.
- Upon receipt, the patent application is examined for compliance requirements.
- Any deficiencies are to be rectified by the applicant within stipulated period of time else, application deemed abandoned.
- Search report is drawn up and patent application is published to which interested parties may file opposition.
- Patent application is substantively examined.
- In the event no objections / opposition forthcoming, application is registered and patent granted.
Post Patent grant by the European Patent Office (EPO), Patent needs to be validated in the member country as designated on the Patent application.
Patent Validation comprises of certain formalities and requirements per national laws of the designated country.
Parity Patent Attorneys and Associate Law Firms in Sweden are at hand to help and assist you with Patent Validation.
RIGHTS OF THE PATENTEE IN SWEDEN:
TERM AND KINDS OF PATENTS GRANTED IN SWEDEN:
- Patents with a term of 20 yrs.
- Utility Models with a term of 15 yrs.
- Patents confer on its holders and successors an exclusive right to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell the product patent .
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or licence the patent.
- Patentee is entitled to take legal action against infringers.
- Patentee is entitled to retain moral right over the invention as “the author of the invention”.
- The patent can be pledged for which it has to be registered in the patent register to become effective.
COMPULSORY LICENCES OF PATENTS IN SWEDEN:
Compulsory Licenses can be granted:
- 3 years have passed since the patent was granted and, in addition, 4 years have passed since the patent application was filed and the invention is not worked in Sweden to a reasonable extent, anyone who desires to work the invention may obtain a compulsory license to that effect if acceptable excuses for the failure to work the invention are lacking.
- On condition of reciprocity, the Government may decree that in applying the above paragraph, working in a foreign country shall be considered equivalent to working in Sweden.
- The proprietor of a patent for an invention, the exploitation of which is prevented by a patent owned by another party , may obtain a compulsory license to exploit the invention protected thereby if it is reasonable in view of the importance of the first-named invention or for other particular reasons.
- The proprietor of a patent for which a compulsory license has been granted according to the first paragraph may obtain a compulsory license to exploit the other invention, unless there are particular reasons to the contrary.
- When required by public interests of extreme importance, anyone who desires to make commercial use of an invention for which another party holds a patent may obtain a compulsory license to that effect.
- Compulsory licenses shall also be granted to anyone who has made substantial preparations for commercial exploitation of the invention in the country. Such compulsory license may also apply in respect of a period of time before the patent was granted.
- A compulsory license may be granted only to a party who may be presumed to have resources to utilize the invention in an acceptable manner and in accordance with the license.
- A compulsory license shall not prevent the patentee from utilizing the invention or from granting licenses. A compulsory license can only be transferred to others together with the business in which it is utilized or is intended to be utilized.
- Compulsory licenses shall be granted by the Court, which shall also decide to what extent the invention may be utilized and shall establish the remuneration and other terms of the license. When substantially changed circumstances call for it, the Court may, on request, revoke the license or lay down new terms therefor.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Sweden, can assist you comprehensively with Compulsory Licence matters.