SWEDEN Patent Decree

 1. Patent Applications and Records

Swedish patent applications shall be filed with the Patent and Registration Office (the Patent Office).

International patent applications designating Sweden shall be filed with the Office or International Organization authorized as a Receiving Office according to the Patent Cooperation Treaty and its Regulations. Provisions concerning the Patent Office as a Receiving Office are to be found in Sections 51 to 56.

The provisions in this Decree concerning patent applications shall only apply, unless otherwise specified, to:

• (1) Swedish patent applications;
  
• (2) International patent applications pursued according to Section 31 of the Patents Act, or taken up for processing under Section 38 of the said Act;
  
• (3) European patent applications converted under Section 93 of the Patents Act.
  

 2.

A Swedish patent application shall consist of an application writ (application document) with appendices.

The application document shall be signed by the applicant or his agent and shall state:

• (1) the applicant's name, domicile and address and, if the applicant is represented by an agent, the name, domicile and address of the agent;
  
• (2) the inventor's name and address;
  
• (3) a brief and factual title of the invention applied for;
  
• (4) where a patent is applied for by several persons jointly, whether one of them is appointed to receive communications from the Patent Office on behalf of all the applicants;
  
• (5) where applicable, indication that the application comprises such deposit of a culture of a microorganism as is referred to in Section 8a of the Patents Act; and
  
• (6) which documents are appended to the application document.
  

The documents appended to the application document shall include:

• (a) a description of the invention, including a drawing, if required to elucidate the invention, patent claims and an abstract;
  
• (b) if the applicant is represented by an agent, a separate Power of Attorney for the agent, if the agent has not been given power of attorney in the application document;
  
• (c) if the invention was made by someone other than the applicant, a deed certifying the applicant's rights.
  

The application fee prescribed in Section 45 shall accompany the application.

 3.

The description, patent claims and abstract, if nothing follows from the second paragraph, shall be in the Swedish language. Other documents may be in the Swedish, Danish or Norwegian languages.

If a document is filed in a language other than those prescribed in the first paragraph, a translation must be filed. For documents other than a description, claims or abstract, and for texts in the description or claims of a Swedish patent application which are not included in the basic document as defined in Section 21, first paragraph, the Patent Office may abstain from requesting a translation or may accept a translation into a language other than Swedish, Danish or Norwegian.

The Patent Office may take up an application for processing prior to the filing of the translation. The applicant shall, however, be notified that translation must be filed before the application becomes available to the public pursuant to Section 22 of the Patents Act.

 4.

The description, claims and abstract shall be in black type or black print on white paper, size A4 (210mm x 297mm). Drawings shall be made in dark, preferably black, lines on a light, preferably white, background on durable material, size A4. The description, accompanying drawings, claims and abstract shall be presented in a form suitable for printing.

More detailed rules on document form and on the number of copies to be filed by the applicant shall be prescribed by the Patent Office.

 5.

To obtain such novelty search as referred to in Section 9 of the Patents Act, the applicant shall, within three months from the filing date of the application, or, where applicable, from the date on which it shall be considered to have been filed, make a written request therefor to the patent authority and pay the fee prescribed by the Searching Authority. If the patent application is not written in a language acceptable to the Searching Authority, the request shall be accompanied by a translation of the application into a language determined by the Patent Office.

If more than one Authority can be considered for carrying out such search as referred to in the first paragraph, and if the applicant wishes to select the Authority to carry out the search, he shall specify this Authority in his request.

The request shall be considered withdrawn if, upon the expiration of the time limit specified in the first paragraph, the patent application and the prescribed translation do not fulfill the requirements as to form applying to international patent applications.

 6.

The Patent Office shall mark the patent application with the date on which it was received by the Patent Office.

 7.

The Patent Office shall keep a chronological record of patent applications filed.

The record shall be accessible to the public.

In the record, the following shall be recorded for each application:

• (1) the serial number of the application and the classes to which it has been accorded;
  
• (2) the examining section in which the application shall be processed;
  
• (3) the applicant's name, domicile and address;
  
• (4) if the applicant is represented by an agent, the name, domicile and address of the agent;
  
• (5) the inventor's name and address;
  
• (6) the title of the invention;
  
• (7) whether the application is a Swedish patent application, an international patent application or a converted European patent application;
  
• (8) if the application is a Swedish patent application, the filing date of the application and the effective date of the application if different from the filing date;
  
• (9) if the application is an international patent application, the international filing date and the date the application was prosecuted according to Section 31 of the Patents Act or was received under Section 38 of the same Act;
  
• (10) if the application is a converted European patent application, the day the application was filed for processing under the European Patent Convention, or where applicable, the date determined as the filing date for the European patent application and the date the application was received by the Patent Office for conversion;
  
• (11) if priority is claimed, where the cited earlier application was filed, the filing date for said application and its serial number;
  
• (12) if the application is the result of division or separation, the serial number of the parent application;
  
• (13) if a new application results from division or separation from the application, the serial number of the application which has been divided or separated out;
  
• (14) if the application has been made available to the public under Section 22, third paragraph, of the Patents Act, the date thereof;
  
• (15) if a claim to the application (lien) has been allowed in the application, the date of the claim rights and the date of application for registering;
  
• (16) if the application is an international patent application, the international application number;
  
• (17) if the application is a converted European patent application, the number of the European patent application;
  
• (18) the documents filed and fees paid in respect of the application;
  
• (19) the decisions rendered in respect of the application.
  

 8.

The Patent Office shall prepare each week:

• (1) a list of filed patent applications referred to in Section 7, said list containing, for each application the data listed in Section 7, third paragraph, under 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 16 and 17;
  
• (2) a list of international patent applications designating Sweden and concerning that which the Patent Office has received information from the International Bureau of the World Intellectual Property Organization, said list containing for each application the data listed in Article 30(2)(b) of the Patent Cooperation Treaty;
  
• (3) a list of European patent applications designating Sweden and concerning that which the Patent Office has received information from the European Patent Office, said list containing for each application the data listed in Article 128(5) of the European Patent Convention.
  

Anyone may obtain a copy of the lists against payment of the prescribed fee.

 9.

If it is reported that an invention for which a patent is being sought has been transferred to another party, the latter may not be recorded as applicant in the record until the legal transfer has been proved.

 10. Priority

In order to enjoy priority pursuant to Section 6 of the Patents Act, the applicant must claim priority in writing, within three months after the application was filed or, where applicable, is considered to have been filed, stating where and when the application referred to was filed. As soon as is possible its serial number shall be stated. For international patent applications, however, the claim to priority must be made within four months from the filing date of the international application. At the same time statements where and when the cited application was filed, and, if it is an international application, which receiving office it was filed with. In that case, the serial number of the cited application shall be sent to the receiving office for the international patent application or to the International Bureau mentioned in Section 8 within sixteen months from the date from which priority is claimed.

If the application is divided pursuant to Section 22, the claim to priority for the trunk application without separate claim shall apply to the new application arising from the division.

 11.

The applicant who has claimed priority shall, within sixteen months from the date from which priority is claimed, file with the Patent Office firstly, a certificate executed by the Authority which received the application from which priority is claimed, stating its filing date and the applicant's name, and, secondly, a copy of the application, certified by the same Authority. The copy shall be filed in the form prescribed by the Patent Office. For international patent applications, however, said certificate shall only be filed if the Patent Office issues an official action to that effect. For such an application, the copy may instead be filed, pursuant to Rule 17.1 in the Regulations to the Patent Cooperation Treaty, with the International Bureau mentioned in Section 8 of the Patents Act or with the receiving office or a request be made that it be transmitted to the International Bureau pursuant to the same rule.

The Patent Office may provide for exemption from the obligation to file the certificate and copy referred to in the first paragraph.

For international patent applications, if a copy of the application from which priority is claimed has been filed with the International Bureau pursuant to Rule 17.1 of the above mentioned Regulations, the Patent Office may demand a copy and translation of such copy only in accordance with Rule 17.2 in the Regulations.

 12.

Priority may only be based on the first application in which the invention was described.

If the one who filed the first application or his successor in title has filed a subsequent application with the same Authority and relating to the same invention, the subsequent application may be cited as a basis for priority provided that, at the time of the filing thereof, the previous application had been withdrawn, dismissed as abandoned, or rejected, without having been made available to the public and without leaving any rights outstanding, and had not served as the basis for enjoying priority. If priority has been obtained on the basis of the subsequent application, the previous application may no longer serve as a basis for claiming a right of priority.

The preceding paragraph shall apply correspondingly to an application whose filing date has been amended.

 13.

Priority may also be obtained for part of an application.

In the same application, priority may be claimed from several applications even if they relate to different countries.

 14. Patent Claims

The patent claims shall contain:

• (1) the title of the invention;
  
• (2) a statement indicating the art in relation to which the invention constitutes something novel (prior art), if such statement is necessary;
  
• (3) a statement indicating the novel and characteristic features of the invention.
  

Each patent claim may relate to one invention, only.
If possible, the invention shall pertain to one of the following categories: product, apparatus, process or use.

A claim may not contain anything that is irrelevant to the invention referred to therein or irrelevant to the exclusive right claimed by the applicant.

 15.

A patent application may contain several claims. If several claims are contained in one application, they must be arranged and numbered consecutively.

A patent claim may be independent or dependent. A dependent claim is a claim which relates to an embodiment of an invention disclosed in another patent claim of the application, and which therefore comprises all of the definitions in said claim. All other claims are independent.

One or more dependent claims may be attached to a patent claim. A dependent claim may be attached to several preceding claims. It shall begin with a reference to such preceding patent claim and then list the additional definitions characterizing the invention.

 16.

If a patent application comprises several inventions, these are to be regarded as dependent upon one another, if there is a technical connection between all inventions in that one or several similar or corresponding technical features are common to them all. The expression "technical features" is intended to mean such technical features contributed by each invention not included in the state of the art.

The question if several inventions are dependent upon one another shall be decided on notwithstanding if they are disclosed in separate claims or as an alternative in a claim.

 17. Description

The description may only contain material that contributes to elucidation of the invention. If a newly coined term or an otherwise not generally accepted term must be used, the term must be explained. Designations or units of measurement may not deviate from those commonly used in the Nordic countries.

If the patent application includes such a deposit of a culture of a microorganism as is referred to in Section 8a of the Patents Act, the applicant must, when the application is filed, state in the documents the characteristics of importance of the organism as is available to the applicant.

 17a.

Deposits referred to in Section 8a, first paragraph, of the Patents Act shall be made at an institution which is an international depositary authority under the Treaty at Budapest on 28 April 1977 on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (The Budapest Treaty).

The deposit shall be made in accordance with the Budapest Treaty.

The Patent Office shall make a list of those institutions, which are international depositary authorities under the Budapest Treaty.

 17b.

If a deposit has been made, the applicant within sixteen months from the filing date of the application or, if priority is claimed, the date from which priority is claimed, shall inform the Patent Office in writing of the institution with which the deposit has been made, the date on which the deposit was made and the number which the institution has accorded the deposit. For international patent applications, the information may be submitted within the same time limit to the International Bureau mentioned in Section 8 of the Patents Act.

If the applicant makes a request that the documents concerning the patent application be made available earlier than pursuant to Section 22, first and second paragraphs, of the Patents Act, the information referred to in the first paragraph shall be submitted at the latest together with the request. If, for an international patent application, the applicant requests early publication of the application under Article 21(2)(b) of the Patent Cooperation Treaty, the information shall be submitted at the latest together with the request for publication.

If a deposit has been transferred from one international depositary authority to another under Rule 5.1 of the Regulations under the Budapest Treaty, the applicant shall inform the Patent Office thereof and of the new number accorded to the deposit.

As proof that the information referred to in the first and third paragraphs is correct, the Patent Office shall receive a copy of the receipt for the deposit issued by the authority.

 17c.

A new deposit as is referred to in Section 8a, second paragraph, of the Patents Act shall be made in the manner prescribed in the Budapest Treaty for a new deposit.

A new deposit shall be made within three months from the date when the depositor received notification from the international depositary authority that samples from the previously deposited culture can no longer be furnished. If the institution has ceased to be an international depositary authority for the kind of microorganisms to which the deposit belonged or if it has ceased to fulfill its obligations under the Budapest Treaty, and the depositor has not received notification to that effect within six months from the published announcement of this event by the International Bureau, the new deposit may, however, be made within nine months from said published announcement.

The depositor shall, within four months from the date when the new deposit is made, submit to the Patent Office a copy of the receipt issued for the new deposit by the institution. If the time limit referred to in Section 17b, first or second paragraph, expires later, the receipt may, however, be submitted within this time limit. When the receipt is submitted, the number of the patent application or the patent to which the deposit belongs must be given.

 18. Abstract

For Swedish patent applications, the abstract shall relate to the description and claims present in the documents which according to Section 21, first paragraph, or Section 24, first paragraph, constitute basic documents. The abstract shall contain the title of the invention. It shall be formulated so that it is clearly evident what the technical problem is which the invention deals with, the principle for the solution of said problem which the invention involves, and the primary use of the invention. The final wording of the abstract shall, where possible, be determined before the application is to be made available to the public according to Section 22, second paragraph, of the Patents Act.

For international patent applications or converted European patent applications, if there is an abstract which has been confirmed by an International Searching Authority or by the European Patent Office, it shall be accepted. Where this is not the case, the Patent Office shall confirm the abstract in such applications. In the latter case the first paragraph shall be correspondingly applicable.

 19. Amending Patent Applications

Patent claims may not be amended so as to contain matter not revealed in a document which according to Section 21, first or second paragraph, or Section 24, first paragraph, is a basic document. If the patent claims are amended so that new statements are added, the applicant must state at the same time where the new statements have their counterparts in the basic documents.

After the Patent Office has issued a novelty search report, claims may not be included in the same application which disclose an invention which is disunited from an invention according to previously filed claims.
For international patent applications, a novelty search report shall not be issued before the expiration of the time limit applying according to Section 58, unless the applicant gives his consent thereto.

The applicant may only make changes or additions to the description and drawing if they are necessary in view of Section 8 of the Patents Act. Such amendments or additions may not make a claim appear to encompass matter other than that having a counterpart in the basic documents.

 20.

Unless the Patent Office allows otherwise, a new document, comprising all of the claims in sequence, shall be filed with any amendments or additions to the claims.

 21.

In this Decree, the basic document is defined for Swedish patent applications, patent applications taken up for processing under Section 38 of the Patents Act and European patent applications for which conversion is requested, as being the description with accompanying drawings and claims in Swedish, Danish or Norwegian present when the application was filed or, where applicable, shall be considered to have been filed. If there was no such document present at said date, the first description and claims subsequently filed in Swedish shall be regarded as the basic document insofar as its contents have clear counterparts in the documents present at said date.

For international patent applications which are pursued according to Section 31 of the Patents Act, the basic document shall be considered to be:

• (1) if a translation is required to pursue the application, the translation of the description, drawing and claims filed in accordance with Section 31 of the Patents Act with those revisions of the translation which may have been made before the expiration of the time limit applying according to Section 58;
  
• (2) if the application is written in Swedish, the copy of the description, drawing and claims filed in accordance with Section 31 of the Patents Act.
  

If the applicant has consented to the application being taken up for a decision before the term stated in Section 58 has expired and a decision has been made to reject the application or to publish according to Section 19, first paragraph of the Patents Act, the basic document shall be understood to mean the description, drawings and claims which were on file at the time any of these decisions were made.

If, when a patent application is filed, it is stated that an application for the protection of the invention has been filed with a patent authority abroad, if the date and serial number for the foreign application is stated, a subsequently filed certified copy of the foreign application shall be considered to have been filed with the Patent Office simultaneously with the filing of this said application.

 22. Division and Separation

If several inventions are described in the basic documents, the applicant may divide the application into several applications. In that case, at the request of the applicant a new application relating to an invention extracted from the original application (parent application), shall be considered to have been filed simultaneously with the parent application.

 23.

If, as a result of an addition to the description or claims, or in another way, a patent application has been caused to disclose an invention not disclosed in the basic documents, a new application relating to this invention filed by separation from the original application (parent application) may, at the applicant's request, be considered to have been filed on the date when the document disclosing the invention was received by the Patent Office.

Separation may only be made under the conditions that in the new application protection is claimed only for such matter as was disclosed in the documents of the parent application in the form in which they existed upon the addition of the new document.

 24.

In the event of division or separation, the description with accompanying drawings and claims filed simultaneously with the application document in the new application shall be regarded as the basic documents.

A new application may be considered as arising from division or separation only if it is evident from the application when filed that it is a divisional application. In a divisional application, the original application must be stated.

 25. General Availability of the Application

If the documents of a patent application become available to the public according to Section 22 of the Patents Act, second or third paragraph, prior to a patent being allowed, the abstract shall be printed as soon as its final wording has been determined. The Patent Office may also print other parts of the application together with the abstract. Any person may obtain such a printed copy against payment of the prescribed fee.

The announcement pursuant to Section 22, fourth paragraph, of the Patents Act shall state the serial number and classification of the application, its filing date, the effective date, if different from the filing date, the title of the invention, and the name and address of the applicant and the inventor. If priority has been claimed, the announcement shall also state where the cited application was filed, the filing date of the said application, and its serial number. If the application includes a deposit of a culture of a microorganism, this shall be stated in the announcement. If the applicant has requested under Section 22, seventh paragraph, that samples from a deposited culture shall be issued only to a special expert, this shall also be stated in the announcement.

If the translation of the description and patent claims in an international patent application have been amended within the time limit which applies according to Section 58, but after the documents in the case have become available to the public, this shall be announced.

 25a.

A request pursuant to Section 22, eighth paragraph, first sentence, of the Patents Act to obtain a sample from a deposit shall be formulated as prescribed in Rule 11 of the Regulations under the Budapest Treaty.

If the request is for a sample from a deposit belonging to a patent application on which no final decision has been made, the person desiring to obtain a sample shall undertake vis-a-vis the applicant not to use the sample otherwise than for experiments and not to make the sample available to anyone else before the application has been finally decided on or, if a patent is granted, before the patent has expired.

If a request is for a sample from a deposit belonging to a patent, the person desiring to obtain a sample shall undertake vis-a-vis the proprietor of the patent not to make the sample available to anyone else before the patent has expired.

The same commitments as are prescribed in respect to the sample shall be included in the undertaking in respect to cultures derived from the sample which have retained those characteristics of the deposited culture essential for carrying out the invention.

The undertaking shall be attached to the request.

 25b.

A request pursuant to Section 22, seventh paragraph, of the Patents Act that samples shall only be issued to a special expert shall be made within sixteen months from the filing date of the application or, if priority is claimed, from the date from which priority is claimed.

The Patent Office shall keep a list of those persons who have declared themselves willing to assume assignments as experts and who are suitable therefor. Decisions concerning which persons are to be included in the list of experts shall be announced in the manner prescribed in Section 49.

If samples may only be issued to a special expert, the request for a sample shall state who is to be called upon as an expert. The request shall be accompanied by a written undertaking from the expert vis-a-vis the applicant corresponding to the undertaking prescribed in Section 25a, second and fourth paragraphs.

A person who is included in the list or who has been accepted by the applicant in the particular case may be called upon as an expert.

 25c.

Notwithstanding such undertakings as are prescribed in Sections 25a and 25b, a derived culture may be deposited for a new patent application, if deposit of the culture is required for the application.

 25d.

If a request for a sample has been made and encounters no obstacles under the Patents Act or this Decree to the furnishing of a sample, the Patent Office shall issue a certificate to that effect. The Patent Office shall transmit the request for a sample and the certificate to the institution where the deposit is kept. The Patent Office shall at the same time transmit a copy of the request and the certificate to the applicant or proprietor of the patent.

Where the Patent Office finds that such a certificate as is referred to in the first paragraph cannot be issued, the Patent Office shall communicate a decision to this effect. The person who made the request for the sample may lodge an appeal against the decision with the Court of Patent Appeals within two months of the date of the decision. Appeals may not be made against decisions of the Court of Patent Appeals.

 26. Processing of the Patent Application

In examining whether the conditions of Section 2 of the Patents Act relating to the grant of a patent are fulfilled, the Patent Office shall consider everything that comes to its attention.

The examination by the Patent Office shall be made on the basis of patent specifications, laid-open publications or published patent applications from Sweden, Denmark, Finland, Norway, the United States of America, France, Germany, Switzerland, United Kingdom, the former German Reich and the European Patent Office or excerpts of the same as well as published international patent applications or excerpts thereof, and publicly available applications for patents in this country. If appropriate, the examination may also be based on other available literature.

The Patent Office may lay down more specific rules regarding the examination. Where special circumstances so require, such rules may differ from the provisions of the second paragraph.

 27.

If required in the examination of a patent application, the Patent Office may consult experts who are not on the staff of the Patent Office.

 28.

The Patent Office may call upon an applicant to submit a model, sample or the like, or to carry out investigations or experiments if this is required for the examination of the invention for which a patent is sought.

 29.

Anyone who applies for a patent for an invention, for which he has applied for a patent at a patent authority abroad, is obliged, with the limitation specified in Section 77, third paragraph, second sentence, of the Patents Act, to report what that authority has communicated to him concerning the novelty of the invention or its patentability in other respects. The Patent Office may direct him to file a certified copy of said communication or a declaration to the effect that no information has been received in said respect.
If patent applications are examined at a patent authority outside this country pursuant to a decree under Section 77, third paragraph, of the Patents Act, the Patent Office, after having concluded an agreement with the said patent authority to exchange examination results and the like, may defer the processing of an application corresponding to an application filed previously with the said foreign patent authority until the latter application has been processed to the extent decided in the agreement.

The Patent Office is authorized to hand over documents concerning patent applications which are not public, to patent authorities with which agreements have been concluded in accordance with the preceding paragraph, provided that the patent authorities in question have undertaken not to make such documents available to the public.

 29a.

Where the Patent Office makes the decision that patent may be allowed, before publication according to Section 19, first paragraph of the Patents Act, the Office shall send the documents to the applicant showing the wording of the document the Office intends to publish. The Patent Office, in such circumstances, may, under Section 15 of the Patents Act request that the applicant firstly give comments, and secondly returns the documents to the Office within a certain time.

 30.

Rules regarding time limits and extensions of time limits shall be prescribed by the Patent Office. Postponement of grant of patent may only be allowed, however, if the application was allowed prior to its becoming available to the public under Section 22 of the Patents Act. In such a case, grant may be deferred at the applicant's request until the application becomes available to the public pursuant to said Section.

 31. Granting of Patents

Publication of a patent specification under Section 21 of the Patents Act is carried out by the Patent Office and shall be initiated as soon as possible after the grant fee as stated under Section 19, second paragraph of the Patents Act, has been paid by the applicant. The patent specification shall state:

• (1) the date of grant;
  
• (2) the serial number of the application and the classes to which it has been accorded;
  
• (3) the applicant's name, domicile and address;
  
• (4) if the applicant is represented by an agent, the name of the agent;
  
• (5) the inventor's name and address;
  
• (6) the date on which the application became publicly available according to Section 22 of the Patents Act;
  
• (7) whether the application is a Swedish patent application, an international patent application or a converted European patent application;
  
• (8) if the application is a Swedish patent application, the filing date of the application and the effective date of the application if different from the filing date;
  
• (9) if the application is an international patent application, the international filing date and the date on which the application was pursued according to Section 31 of the Patents Act or was received under Section 38 of the same Act;
  
• (10) if the application is a converted European patent application, the date on which the application was filed for processing under the European Patent Convention, or where applicable, the date determined as the filing date for the European patent application, the number of the European patent application and the date on which the application was received by the Patent Office for conversion;
  
• (11) information concerning priority and where the cited earlier application was filed, the filing date for said application and its serial number;
  
• (12) the title of the invention;
  
• (13) if the application is the result of division or separation, the serial number of the parent application;
  
• (14) whether the application includes a deposit of a culture of a microorganism; the institute where the deposit has been made and the number the institute has assigned the deposition; and
  
• (15) cited publications.
  

 32.

The announcement of grant under Section 20, first paragraph of the Patents Act shall contain the statements, which under Section 31 shall be included, with the exception of cited publications.

 33.

Opposition filed against a patent application and subsequent letters with attachments from the applicants and opponents shall be filed in as many copies as determined by the Patent Office.

When opposition is entered, the grounds for the opposition shall be given.

 34.

If an opponent is represented by an agent, a power of attorney for the agent shall be filed.

 35.

Copies of all letters from the opponent shall be sent to the applicant. In all other matters the regulations in Section 17 of the Administrative Act (1986:223) shall apply.

 36.

If, during the examination of the application a writ of importance to the examination is filed before a patent is granted the applicant shall be notified thereon. The Patent Office shall, except in cases regarding better rights to the invention, make clear to the party which submitted the letter, that there is a possibility of entering opposition if the application is granted.

 37. Issuance of Detailed Rules

More specific rules on patent applications and their processing shall be issued by the Patent Office.

 38. The Register of Patents, etc.

The Register of Patents shall contain information

• (1) on patents granted in this country;
  
• (2) on European patents with effect in this country.
  

 39.

Statements as stipulated under Section 31, (1) to (14) shall be entered in the Register, and in addition the following items shall be recorded:

• (1) the date on which opposition against the patent was filed;
  
• (2) the date on which a decision was made on the maintenance of the patent in amended wording or the patent was annulled or if an opposition was rejected;
  
• (3) the date on which claimed right (lien) was granted on the patent and when the application for registering was made as well as the name and address of the patent proprietor.
  

 40.

A European patent shall be entered in the Register when the European Patent Office has announced its decision to allow the patent application, provided the applicant has supplied a translation and paid the fee in accordance with Section 82, first paragraph, first sentence, of the Patents Act. At the same time, there shall be recorded the date on which the European Patent Office announced its decision, the date on which the translation and fee according to Section 82, first paragraph, first sentence, of the Patents Act were received, and information corresponding to the items specified in Sections 31 and 39(3) to the extent that they exist.

If the European Patent Office has revoked a European patent or has decided that a European patent shall be maintained with amended wording, this fact shall be recorded in the Register. If the proprietor of the patent, in cases where the patent shall be maintained with amended wording, has supplied a translation and paid the fee in accordance with Section 82, first paragraph, second sentence, of the Patents Act, this shall be recorded.

If a correction of a translation referred to in the first or second paragraph is received, it shall be recorded when it was received and whether the correction gave occasion for an announcement.

 41.

An announcement of decisions regarding oppositions, under Section 25, fourth paragraph of the Patents Act shall contain the serial number of the patent and classes, the title of the invention, the name of the proprietor of the patent and the date on which the decision was made.

 42.

When an annual fee has been paid or a respite for payment of the annual fee has been granted, this fact shall be recorded in the Register.

If a patent has lapsed pursuant to Section 51 of the Patents Act, the date from which the patent ceased to be valid shall be recorded in the Register.

If a request has been made pursuant to Section 72 of the Patents Act that an annual fee shall be considered as having been paid within the proper time limit, this fact shall be recorded in the Register without delay. The final decision regarding the request shall also be recorded.

 43.

If a party has reported to the Patent Office that he has taken legal action to have a patent declared invalid, or to have a patent transferred, or to obtain a compulsory licence, this fact shall be recorded in the Register.

When a copy of a judgement or final decision has been sent to the Patent Office pursuant to Section 70 of the Patents Act, this fact shall be recorded in the Register. When the judgement or final decision has taken legal effect, a note shall be made in the Register in such a way that the principal outcome of the case will appear from the Register.

If the Patent Office has declared a patent terminated under Section 54 of the Patents Act, this fact shall be recorded in the Register.

 44.

Entries under Section 44 of the Patents Act concerning transfers of patents or grants of licenses under a patent shall indicate the name, domicile and address of the transferee or licensee, as well as the date on which the transfer or the grant of the license took place. If requested, it shall be recorded concerning a license whether the right of the proprietor of the patent to grant additional licenses has been restricted. If questions of entering transfers or grants of licenses cannot be decided upon immediately, it shall nevertheless be recorded in the Register that an entry has been requested.

If a patent has been seized for debt, this fact shall be recorded in the Register when reported.

Registration pursuant to Section 95 of the Patents Act on pledge claims on patents shall contain the name, domicile and address of the pledgee and the date of the allowance, the date of application for recordal and the date of the decision to register.

Reports on any changes regarding agents shall be recorded in the Register.

If the Patent Office has received such notification of transfer of a deposit as is referred to in Section 17b, third paragraph, or such receipt for a new deposit as is referred to in Section 17c, third paragraph, the transfer or the new deposit shall be recorded in the Register.

 45. Fees

In connection with patent applications, in addition to annual fees according to Section 46, fees shall be paid in the amounts stated in Section A in the appendix to this Decree.

 46.

For patent applications and patents, annual fees shall be paid in the amounts stated in Section B in the appendix to this Decree.

 47.

In cases relating to granted patents the fees shall be paid in the amounts stated in Section C in the appendix to this Decree.

 47a.

In cases relating to supplementary protection and granted supplementary protection the fees shall be paid in the amounts stated in Section D in the appendix to this Decree.

 48.

A fee not paid on time or paid in insufficient amounts so that payment cannot be accepted, shall be refunded.

 49. Announcements by the Patent Office

Announcements concerning patent matters shall be entered in a publication issued by the Patent Office.

 50. Special Court Action

Actions of the kind provided for in Section 52, third paragraph of the Patents Act shall be brought by the Public Prosecutor, unless the Government appoints another authority in a particular case.

 51. Receiving Office for International Applications

The Patent Office is a receiving Office for international patent applications from applicants who are Swedish nationals or who are residents of Sweden, who carry on business in Sweden or are legal entities constituted according to Swedish law. Such applicants may also file patent applications with the European Patent Office.

If an international patent application is filed by several applicants and if one of the applicants is such an individual or legal entity as referred to in the first paragraph, that specified therein shall apply with respect to the filing of the application.

 52.

In its capacity as Receiving Office, the Patent Office shall receive, check and transmit international patent applications in accordance with the Patent Cooperation Treaty and the Regulations under the same.

The applicant shall pay to the Patent Office in its capacity as Receiving Office:

• (1) the basic fee referred to in Rule 15.1 in the Regulations to the Patent Cooperation Treaty within one month from the receipt of the application;
  
• (2) the designating fee(s) referred to in Rule 15.1 in said Regulations within one year from the international filing date of the application or, if priority is claimed, the date from which priority is claimed, it being always permissible, however, to pay the fee(s) within one month from the receipt of the application;
  
• (3) the search fee referred to in Rule 16.1 in said Regulations within one month from the receipt of the application;
  
• (4) the transfer fee for handling and transmitting the application as is meant in Rule 14.1 in said Regulations within one month from the receipt of the application. The Patent Office shall notify of the amount of the fee.
  

If the fee referred to in the second paragraph has not been paid, despite the notice, within the prescribed time limit, the Patent Office shall demand that the applicant pay the missing amount as well as a penalty fee within one month from the date on which the office action was sent to the applicant. An amount thus paid shall be considered as having been paid within the proper time limit. The Patent Office shall announce decrees regarding the amount of the penalty fee.

If the applicant, in an international application has stated a request for protection in several countries, at least one designating fee must be paid within the time limit stated in the second paragraph, (2). Remaining designation fees may be paid within fifteen months from the filing date of the international application or claimed date of priority. The applicant shall, at the same time, confirm in writing the states designated and pay the confirmation fee to the Patent Office pursuant to Rule 15.5 in said regulations. The fee paid in such a manner shall be regarded as having been paid at the proper time. The Patent Office shall announce directives on the amounts of confirmation fees.

 52a.

The Patent Office shall provide a certificate regarding an earlier patent application to the Patent Office, pursuant to Rule 17.1.b in the Regulations to the Patent Cooperation Treaty, transmitting it to the International Bureau mentioned in Section 8 of the Patents Act.

 53.

International patent applications filed with the Patent Office shall be filed in a single copy. They must be written in Swedish, Danish, Finnish, Norwegian or English. The application documents must be written in the English language, even if the application otherwise is written in another language.

 54.

A special record shall be kept of international patent applications filed with the Patent Office. This record shall not be available to the public.

 55.

An applicant who is not domiciled in this country must have an agent residing here entitled to represent him concerning the application before the Patent Office.

 56.

If there is no obstacle thereto under the Military Inventions Act (1971:1078), the Patent Office shall, according to the Patent Cooperation Treaty and its Regulations, transmit a received international patent application to the International Bureau mentioned in Section 8 of the Patents Act.

 57. Pursuing International Patent Applications, etc.

If an international patent application has been filed in a language other than Swedish, a translation thereof is required for pursuing the application under Section 31 of the Patents Act and for making a petition for review referred to in Section 38, first paragraph, of the Patents Act. In this case Section 3, second paragraph, shall apply in those parts applicable. The Patent Office may, however, issue rules concerning relaxation for applicants as regards translation in those cases where only a part of an international patent application is pursued for Sweden.

 57a.

If the applicant, with regard to an international patent application, has carried out that as required under Section 31 of the Patents Act, for pursuing an application but the Patent Office has not received any notification from the International Bureau that the patent application has been received there, the Patent Office shall inform the International Bureau.

 58.

The time limit referred to in Section 34 of the Patents Act is:

(1) unless otherwise specified in point 2, four months from the expiration of the time limit for pursuing the international patent application as prescribed in Section 31, first paragraph, of the Patents Act;

(2) if the applicant, within nineteen months from the international filing date or, if priority is claimed, the date from which priority is claimed, has made such a declaration as is referred to in Section 31, second paragraph, of the Patents Act, the same as the time limit of thirty months specified in said paragraph.

 58a.

Notifications referred to in Section 36, first or third paragraph, or Section 37 of the Patents Act shall be sent to the applicant by registered mail.

 58b.

The time limit for entering a petition for review under Section 38, first paragraph, of the Patents Act is two months from the date on which the Receiving Office or the International Bureau sent notification to the applicant of such a decision as is referred to in said paragraph.

If the applicant demonstrates that he received such notification as is referred to in the first paragraph, more than seven days after the day when the notification was dated, the time limit shall be extended by as many days in excess of seven as passed from said dating until the applicant received the notification.

 59. Record of European Patent Applications

The Patent Office shall keep a special record of European patent applications for which translations referred to in Section 88 of the Patents Act have been received by the Patent Office. This record shall be available to the public.

The record shall state for each application its number at the European Patent Office, the applicant's name and address, and the date on which the translation or correction thereof was received, as well as whether the translation or correction resulted in an announcement. There shall also be recorded the date which has been determined as the filing date of the application, such data as are referred to in Section 7, third paragraph, items 4 to 6, 11 and 15 and whether the application is a European divisional application.

If a translation referred to in Section 82, first paragraph, point one, of the Patents Act is received, this shall be noted in the record as well as whether the translation resulted in an announcement. This shall also apply to corrections of such a translation received before the patent has resulted in an entry in the Register of Patents.

 60. Translation of European Patents and European Patent Applications

The translation and fees referred to in Section 82 of the Patents Act must be received by the Patent Office at the latest three months after the day on which the European Patent Office announces its decision to allow the patent application or to maintain the patent with amended wording.

The translation referred to in Section 82, first paragraph, first sentence, of the Patents Act shall be accompanied by the serial number of the patent application the title of the invention and the name and address of the applicant. A translation filed according to Section 82, first paragraph, second sentence, of said Act shall be accompanied by the number of the patent and the name and address of the proprietor of the patent.

If the stipulations in the second paragraph are not observed, the translation shall be considered as not having been filed.

 61.

The translation referred to in Section 88 of the Patents Act must be accompanied by the serial number of the application and the name and address of the applicant. If this is not observed, the translation shall be considered as not having been filed.

 62.

Announcements concerning translations referred to in Section 82 of the Patents Act shall contain those data which must accompany the translation, and the title of the invention and shall state the date on which the European Patent Office announces its decision to grant the patent or to maintain it with amended wording.

Announcements concerning translations referred to in Section 88 of the Patents Act shall contain those data which must accompany the translation, a statement of what the invention disclosed in the translated patent claims relates to, the filing date of the application, and, if priority has been claimed, information thereon and the date of the cited previous application.

 63.

When correcting a translation according to Section 91 of the Patents Act, a new copy of the corrected document shall be filed. The correction must be clearly indicated in said copy.

 64.

The fee for printing translations according to Section 82 of the Patents Act and for printing of corrections of translations as referred to in the said Section shall be paid with the same amounts as is valid for printing granted patents.

 65. Receiving European Patent Applications

If a European patent application is filed at the Patent Office, the Patent Office shall, in accordance with Rule 24, paragraphs 2 and 3, of the Implementing Regulations of the European Patent Convention, indicate the date of receipt on the application documents, shall issue a receipt for the documents to the applicant, and shall inform the European Patent Office.

If there is no obstacle thereto under the Military Inventions Act (1971:1078), the application shall be forwarded to the European Patent Office, observing the provisions of Article 77 in the European Patent Convention and Rule 15, paragraph 3, in the Implementing Regulations thereto.

 66. Conversion of European Patent Applications

If a European patent application is received by the Patent Office, which has been transmitted pursuant to Article 136 of the European Patent Convention, the Patent Office shall inform the applicant thereof without delay.

The application fee and translation referred to in Section 93, the first paragraph of the Patents Act, must be received by the Patent Office within three months from the receipt by the applicant of the notification according to the first paragraph. The application fee shall be calculated as for an application according to Section 8 of the Patents Act.

 67. Supplementary Protection

An application for supplementary protection pursuant to Section 105 of the Patents Act shall be written in the Swedish language and be filed by the patent proprietor.

 68.

In the patent register the following shall be recorded:

• (1) statements which have been announced pursuant to Articles 9.2, 11 and 16 in the Council's regulation (EEC) No. 1768/92 of the 18 June 1992 on the implementing of supplementary protection for pharmaceutical preparations;
  
• (2) statements which have been announced pursuant to Articles 9.2, 11 and 16 in the European Parliament and Council's Decree (EC) No. 1610/96 of 23 July 1996, on the appliance of supplementary protection for plant protecting agents; and
  
• (3) when the yearly fee has been paid pursuant to Section 105, second paragraph of the Patents Act.
  

 69. [omitted] (to 75)

 76. Transitional Provisions

This Decree shall enter into force on 1 January 1968.

This Decree repeals: the Decree of 31 December 1895 (No. 105, p. 1), concerning the nature of documents to be filed in patent matters; the Decree of 18 November 1898 (No. 99, p. 12), concerning the keeping of the Register of Patents, etc.

 Appendixes List of Fees

Section A

Section A

	Crowns
Application fee, according to Section 8, fifth paragraph, of the Patents Act for a Swedish patent application, consisting of:
a) basic fee	800
b) examination fee	3,000
c) additional fee for each patent claim in excess of ten	100
Application fee, according to Section 8, fifth paragraph, of the Patents Act for a Swedish patent application, pursuant to Section 31, first paragraph of the Patents Act or review of such application according to Section 38, second paragraph of the Patents Act, consisting of:
a) basic fee	800
b) examination fee	3,000
c) additional fee for each patent claim in excess of ten	100
Special supplementary fee in the case of: 1. if an application is pursued according to Section 31, first paragraph of the Patents Act and comprises an invention which has not been the object of either international search or international preliminary examination and where neither Section 36 nor 37 of the Patents Act are appropriate, or 2. if an application pursued according to Section 31, second paragraph of the Patents Act and comprises an invention which has not been the object of international preliminary examination and where neither Section 36 nor 37 of the Patents Act are appropriate	3800
Supplementary fee for further extension of time pursuant to Section 31, third paragraph of the Patents Act	500
Fee to the Patent Authority pursuant to Section 36 or 37 of the Patents Act	1,000
Re-instatement fee pursuant to Section 15, third paragraph or Section 19, second paragraph of the Patents Act	500
Grant fee pursuant to Section 19, second paragraph of the Patents Act and fee according to Section 82 of the Patents Act:
Basic fee for printing	900
- supplementary fee for printing each page of the application exceeding eight pages, (number of pages calculated on the documents to be printed)	155
- supplementary fee for each claim filed after the application was made, or, when applicable, shall be deemed to have been filed, if the number of claims thereby exceeds the number for which the application fee was based	100
Fee for amendment of the translation filed pursuant to Section 60	900
Declaration fee pursuant to Section 72 of the Patents Act	500
Fee pursuant to Section 88, first paragraph or Section 91, second paragraph of the Patents Act	200
Recording fee pursuant to Section 104 of the Patents Act	500

Section B

For patent applications and patents, annual fees shall be paid in the following amounts:

Section B
For patent applications and patents, annual fees shall be paid in the following amounts:

	Crowns
1st fee year	200
2nd fee year	250
3rd fee year	350
4th fee year	550
5th fee year	700
6th fee year	900
7th fee year	1,100
8th fee year	1,350
9th fee year	1,600
10th fee year	1,900
11th fee year	2,250
12th fee year	2,500
13th fee year	2,700
14th fee year	2,850
15th fee year	3,050
16th fee year	3,300
17th fee year	3,550
18th fee year	3,800
19th fee year	4,050
20th fee year	4,300

A 20% surcharge shall be applied to annual fees paid later than the due date for payment, according to Section 41, third paragraph, or Section 42, third paragraph, of the Patents Act.

Section C

For granted patents, the following fees shall be paid:

Section C
For granted patents, the following fees shall be paid:

	Crowns
Declaration fee according to Section 72 of the Patents Act	500
Registration fee according to Section 104 of the Patents Act	500
Application for recording of new or changed proprietor	300
of licence	300
of change of address	300

Section D

Section D

	Crowns
Fee for application for supplementary protection pursuant to Section 105, first paragraph of the Patents Act	5,000
Fee for supplementary protection according to Section 105, second paragraph of the Patents Act, for each year commenced	6,000

 Transitional Provisions

1978:151

1. This Ordinance shall enter into force on 1 June 1978, except for Section 17, second, third and fourth paragraphs. Said provisions shall enter into force on 1 October 1978.
   
2. If a patent application is processed and decided on under the text of the Patents Act prior to 1 June 1978, the old text of the Decree shall apply with respect to such application.
   
3. As regards other patent applications filed before the entry into force than those referred to under point 2, the following shall apply:
   The old text of Sections 2, 9, 10 and 16 shall be applied instead of the new text of Sections 2, 10, 11 and 17;
   The printing fee collected under Section 20 of the Patents Act as worded before 1 June 1978 consists of a basic fee and an additional fee, calculated in the same manner and according to the same amounts as the basic fee and the additional fee for printing included in the fee for laying open of the application for public inspection according to the new Section 45.
   
4. Applications filed before the entry into force, notwithstanding Section 24, the second paragraph, may be considered as arising from division or separation.
   
5. With regard to patents of addition, granted according to the Patents Act as worded prior to 1 June 1978, the old provisions shall continue to apply.
   
6. If Section 51 of the Patents Act as worded prior to 1 June 1978 is to be applied regarding a patent, the old texts of Sections 45, 51 and 52 shall apply with respect to such patent instead of the new texts of Sections 42, 47 and 48.
   
7. A European patent application which has been converted under point 5 of the Provisions of Entry into Force and Transition to the Law (1978:149), on Amendments in the Patents Act, shall, when applying this Decree, be considered equivalent to a European patent application which has been converted according to Section 93 of the Patents Act. Regarding fees and translations prescribed in said point, Section 66 shall have corresponding appliance.
   

1983:435

1. This Decree (the Decree on Patent Formalities (1983:435)) enters into force on 1 October 1983.
   
2. For patent applications for which the old texts of Sections 8, 22 and 56 of the Patents Act apply, the old text of Section 17, second, third and fourth paragraphs, shall apply instead of Sections 17a, 17b, 17c, 25a, 25b, 25c and 25d. Notwithstanding these provisions, Sections 25a, 25c and 25d shall apply instead of the old text of Section 17, fourth paragraph, with regard to requests pursuant to Section 22, sixth paragraph, of the Patents Act to obtain samples from such replacement deposits as are referred to in point 3 of the Provisions of Entry into Force and Transition of the Act (1983:433) concerning Amendment of the Patents Act (1967:837).
   
3. Such replacement deposits as are referred to in point 3 of the Provisions of Entry into Force and Transition of the Act (1983:433) concerning Amendment of the Patents Act (1967:837) shall be made in the form of a deposit in accordance with the Budapest Treaty.
   Where the culture to be replaced has ceased to be viable or if, for other reasons, samples cannot be furnished therefrom, the replacement deposit shall be made within three months from the date when the depositor learned that samples can no longer be furnished. Otherwise the replacement deposit may be made at any time. The depositor shall, within four months after making the replacement deposit, file, with the Patent Office, proof thereof and a written confirmation to the Patent Office that the replacement deposit consists of the same microorganism as the previous deposit. If a replacement deposit has been made as prescribed, it shall be recorded in the Register if the deposit belongs to a patent.
   
4. "Fee year" in Section 46 shall be understood as having the same meaning as "patent year" in the old text of this Section, with regard to patents for which there apply the provisions concerning annual fees for patents in the Patents Act as worded prior to 1 July 1983.
   

1984:938

This Decree shall enter into force on 1 January 1985 excepting the provisions in Section 46, first paragraph. Said provisions shall enter into force on 1 February 1985.

The new amounts stated in Section 46, first paragraph apply also to annual fees for fee years which start before the entering into force, if the fee falls due after that date. If the annual fee has been paid in advance according to what has been provided for previous to the Decree being printed, the earlier fee amount shall apply.

1991:1331

This Decree shall enter into force on 15 November 1991.
The new provisions in the appendixes, Section B, applies also to yearly fees for fee years which start before the entering into force, if the fee falls due after that time. If the annual fee has been paid in advance, according to what has been provided for previous to the Decree entering into force, the older Decree shall apply.

1993:1312

1. This Decree enters into force on 1 January 1994.
   
2. With regard to patent applications that have been allowed for laying out (for public inspection) before the entering into force the older texts of Sections 21 to 23, 25, 30 to 33, 36, 39 and 41 shall apply.