WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SWE/P/1/Add.1 
6 February 2004 
 (04-0445) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INT ELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SWEDEN 
 
Addendum  
 
 The present document reproduces the text1 of Act (2000:1158) of 7 December 2000, Amending the 
Patents Act (1967:837), notified by Sweden under Article 63.2 of the Agreement by means of a communication dated 24 January 2002 .  
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMEN TATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NO TIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SUÈDE 
 
Addendum  
 
 Le présent document contient le texte1 de la Loi (2000:1158) du 7 d écembre 2000 portan t modification 
de la Loi sur les brevets (1967:837), notifiée par la Suède au titre de l'article 63:2 de l'Accord par une 
communication datée du 24 janvier 2002.  
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relaciona dos con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NO TIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
SUECIA 
 
Addendum  
 
 En el presente documento se reproduce el texto1 de la Ley (2000:1158) de 7 de diciembre de 2000 por 
la que se modifica la Ley de Patentes (1967:837), que Suecia ha notificado en virtud del párrafo 2 del artículo 63 
del Acuerdo mediante una comunicación de fecha 24 de enero de 2002. . 
                                                      
 1 In English only./En anglais seulement./En inglés solamente. IP/N/1/SWE/P/1/Add.1 
Page 2  
 
 THE GOVERNMENT OFFICES                                                     
The Ministry for Justice Henry Olsson 
 
Act 
Of December 7, 2000 (No 2000:1158) 
Amending the Patents Act (1967:837)  
 
In accordance with the decision by Parliament it is prescribed, as regards the Patents Act (1967:837) 
that Articles 6, 8, 12, 24 and 33 shall read as follows, and 
that seven new Articles shall be inserted in the Act, numbered 6 a – 6 g and reading as follows. 
 
Article 6 
 
An application for a patent on an invention, which ha s, within twelve months before the date of the 
application, been included in an earlier application for a patent in Sweden, shall, for the purposes of 
the application of Article 2, first, second and fourth  Paragraphs, and Article 4, be deemed to have 
been filed simultaneously with the earlier applicati on, where the applicant so  requests (priority). The 
same applies in respect of an application for a pate nt on an invention which has, within twelve months 
before the date of the application, been included in  an earlier application for a patent, an inventors' 
certificate or protection of a utility model either in  a foreign State party to the Paris Convention of 
March 20, 1883, for the Protection of Industrial Property , or in a State or a Territory which is party to 
the Agreement Establishing the World Trade Organiza tion (WTO). Such priority may be enjoyed also 
from an application for protection relating to any other State or any other Territory where a corresponding priority from a Swedish patent appl ication is accorded where the earlier application 
was filed and where the legislation in force ther e essentially corresponds to the Paris Convention. 
 
Article 6 a 
 
The applicant shall request priority within three m onths from the date when the application was filed 
or shall be deemed to have been filed. The app licant shall in this context provide information on 
where and when the application was filed to whic h reference is made. The applicant shall also, as 
soon as possible, indicate the number of the earlier application.  In the case of an international patent application acco rding to Chapter 3, priority shall be requested 
within four months from the international filing da te. The applicant shall in this context provide 
information on where and when the application was file d to which reference is made and, in the case 
of an international patent appli cation, with which Receiving Authority it was filed. Furthermore, the 
applicant shall, within sixteen months from the date from which priority is requested, provide 
information to the Receiving Authority for the interna tional patent application or to the International 
Bureau indicated in Article 35 about the number of  the application to which reference was made. 
 
If an application is divided according to Article 11 of  this Act and Section 22 of the Patent Regulation 
(1967:838) a request for priority relating to the orig inal application shall without any special request 
apply also to any new applicati on that emerges from the division. 
  IP/N/1/SWE/P/1/Add.1 
 Page 3 
 
 
 Article 6 b 
 
An applicant who has requested priority shall within  sixteen months from the date from which priority 
is requested file with the Patent Authority the fo llowing documents relating to the earlier application  
 
1. a certificate concerning the name of the applicant and to the filing date, issued by the Authority 
which received the application 2. a copy of the application certified by the same Authority. 
 
Article 6 c 
 
In the case of an international patent application according to Chapter 3, the provisions of the second 
to fourth Paragraphs apply as regards the obliga tions of an applicant according to Article 6 b. 
 The applicant shall file the certificat e referred to in Article 6 b. 1 only if the Patent Authority requests 
the applicant to do so. 
 Instead, the applicant may, accordi ng to Rule 17.1 in the Implemen ting Regulations to the Patent 
Cooperation Treaty done at Washington on June 19, 1970 , file the copy of the earlier application with 
the International Bureau mentioned in Article 35 or with the Receiving Authority, or request it to be 
transferred to the International Bu reau according to the same Rule. 
 
If a copy of the earlier application has been receive d by the International Bureau in accordance with 
the Rule referred to in the third Paragraph, the Pa tent Authority may request a copy and a translation 
only in accordance with Rule 17.2 of the Implementing Regulations referred to in  the third Paragraph. 
 Article 6 d 
 
Priority may be claimed only on the basis of the first application where the invention has been 
included.  If the person who has filed the first application or his or her successor in title has later with the same 
Authority filed an application concerning the same  invention, only the later application may be 
claimed as a basis for priority. This applies, however, only if the earlier application has, when the later 
application is filed  1. been withdrawn, dismissed or rejected without having been made available to the public and 
2. does not leave behind any right based on it or h as been the basis for an y right to priority. 
 Where anyone has been granted a ri ght to priority on the basis of a later application according to the 
second Paragraph, the earlier application may no lo nger form the basis for a claim for priority. 
 The second and third Paragraphs apply in the same wa y in respect of a patent application for which 
the date has been shifted in  accordance with Article 14. 
 
Article 6 e 
 
An applicant may be granted priority in respect of a part of an application. 
 
Priority may in respect of one and the same app lication be claimed on the basis of several earlier 
applications. This applies also if the earlie r applications concern different countries. 
 IP/N/1/SWE/P/1/Add.1 
Page 4  
 
 Article 6 f 
 
The Government or, following an authorization by the Government, the Patent Authority may 
prescribe exceptions in certain cases from the obliga tion provided for in Article s 6 b and Article 6 c to 
file certificates and copies. 
 
Article 6 g 
 
If the provisions in Articles 6 a to 6 e are not complied with, the right to priority does not apply.  Article 8 
 
An application for a patent shall be filed with th e Patent Authority or, in the case provided for in 
Chapter 3, with the Patent Authority in a forei gn State or with an International Organization. 
 
The application shall contain a description of the invention comprising also drawings if such are 
necessary as well as specified informat ion about what is claimed to be protected through the patent 
(patent claims). The fact that the invention re lates to a chemical compound does not imply that a 
specified use has to be indicated in  the patent claims. The description sh all be sufficiently clear so that 
a person skilled in the art is able to carry out th e invention with the guidance thereof. An invention 
relating to a microbiological process or the product of  such a process shall in the cases referred to in 
Article 8 a be considered to be indicated in a suffi ciently clear way only if also the requirements under 
that Article are fulfilled.   The application shall also contain an abstract of the description and the patent claims. The abstract 
shall only serve as technical information and may no t be taken into account for any other purpose. 
 
The inventor’s name shall be indicated in the appli cation. If a patent is claimed by anyone other than 
the inventor, the applicant shall prove his right to the invention.  The applicant shall also pay an application fee. Th e applicant shall furthermor e pay an annual fee for 
each fee year commencing before the app lication has been finally decided on. 
 
The fee year comprises one year and shall be calcu lated from the date when the application was filed 
or shall be deemed to have been filed and th ereafter from the corresponding date according to the 
calendar.  Article 12 
 
The Patent Authority may request an applicant who does not have his domicile in Sweden to appoint a 
representative who shall be entitled to receive co mmunications served in the case and who has his 
domicile in Sweden, and to notify the Authority about  the representative. If the applicant disregards 
the order, the serving of communications may be ef fected through the transmission by mail to the 
applicant under his latest known mailing address. The serving shall be deemed to have been effected 
when this has been done.  
Article 24 
 Anyone is entitled to file an oppos ition against a patent that has b een granted. Oppositions shall be 
filed in writing with the Patent Authority within nine months from the date of the granting of the 
patent.    IP/N/1/SWE/P/1/Add.1 
 Page 5 
 
 
 The Patent Authority shall notify the patent holde r about the opposition and give him an opportunity 
to submit observations.  If the opposition is withdrawn, the opposition procedur e may nevertheless be completed if special 
reasons are present. 
 
Article 33 
 
If an international patent application has been pur sued according to Article 31, the provisions of 
Chapter 2 apply as regards the application and its processing unless otherwise provided in this Article 
or in Articles 34-37. An application may not without a request by the applicant, be taken up for 
examination before the expiry of the time limit se t according to Article 31, first or second Paragraph. 
 A request under Article 12 may not be issued before the point in time when the Patent Authority has 
the right to start the examination of the application.  
 
The provisions of Article 22, second and third Para graphs, become applicable already before the 
application has been pursued as soon as the applicant has met his obligation under Article 31 to file a 
translation of the application, or, where the applicat ion is drafted in Swedish, as soon as the applicant 
has filed a copy of it with the Patent Authority.  
 For the application of Articles 48, 56 and 60 shall, as regards an international patent application, what 
is said there about the situation where the documents  in the application case have been made public 
according to Article 22 refer instead to the situati on where the documents have been made public in 
accordance with the third Paragraph.  
If the patent application meets the obligations as rega rds form and contents that are prescribed in the 
Patent Cooperation Treaty and the Implementing Regul ations thereto, it shall be accepted in those 
respects.   
-------------------------------------------------- 
 
 This Act enters into force, as regards Article 8 on the date decided by the Government, and otherwise 
on January 1, 2001.  
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