1 
 
This is an unofficial translation of the Patent act, SFS 1967:837. Should there be any 
differences between this translation and the authentic Swedish text, the authentic 
Swedish text will prevail.  
 
THE PATENT ACT 
(Swedish Statute Book, SFS, 1967:837,  as last amended  by SFS 2020:541 ). 
 
Chapter 1. General Provisions  
 Article 1.  Anyone who has made an invention which is susceptible of industrial application, 
or the party to which the right of the inventor has been transferred, is entitled, pursuant to Chapters 1 to 10 of this Act, to obtain, upon an application, a patent for the invention in 
Sweden and thereby acquire an exclusive right to exploit the invention c ommercially. 
Provisions concerning European patents are contained in Chapter 11.  
 
The following shall never be regard ed as an invention: that which is exclusively  
 
1. a discovery, scientific theory or mathematical method,  
2. an aesthetic creation,  
3. a scheme, rule or method for performing mental acts, for playing games or for doing 
business , or a computer program, or  
4. a presentation of information (Act 2007:516)  
 
Article 1 a.  Patents are not granted in respect of  plant varieties or animal  breeds.  A paten t 
may, however, be granted for an invention that relates to plants or animals if the technical 
feasibility of the invention is not technically confined to a particular plant variety or animal 
breed.  What is meant by a plant variety is defined in Chapter 1, Article 3, of the Act on the 
Protection of Plant Varieties Rights ( Act 1997:306).  
 
Patents are  not granted for  essentially biological processes for  production of plants or 
animals. As an essent ially biological process for  production of plants and animals shall be 
considered any process which in its entirety  consists of natural phenomena , such as crossing 
or selection.  A patent may, however, be granted for an invention relat ing to a 
microbiological process or other technical process or a product obtained by means of such a 
process.  As a microbiological process shall be considered any process which is performed 
upon microbiological material or by means of which such material is used or produced.  
 
An invention may be patentable even if it concerns a product consisting of , or containing , 
biological material or a process through which biological material is being produced, processed or used. A biological material which is isolated from its natural environment or 
produced by means of a technic al process may be the subject of an invention even if it 
already exists  in nature. Biological material includes any material  containing genetic 
information and which is  capable of reproducing itself or capable of reproduction in a 
biological system. (Act 2004:159).  
  2 
Article 1 b . The human body at the various stages of its formation and development, as well 
as the mere discovery of one of its elements, including a gene sequence or a partial gene 
sequence , cannot constitute a patentable invention.  
 
An isolated element of the human body or an element otherwise produced by means of a 
technical process, including a gene sequence or a partial gene sequence, may constitute a 
patentable invention, even if the structure of that element is identical with  that of  a natural 
element. (Act 2004:159).  
 
Article 1 c.  A patent  is not granted for an invention where the commercial exploitation 
would be contrary to public order or morality.  
 
An act of e xploitation shall not be deemed to be contrary to public order or morali ty mere ly 
because it is prohibited by law or other statutes.   
 
For the purposes of the application of the first Paragraph the following shall, inter alia, be 
considered as contrary to public order or morality,  
 
1. processes for cloning of human beings;  
2. processes for modifying the genetical identity of human sex cells ; 
3. the use of human embryos for industrial or commercial purposes, and  
4. processes  for modifying the genetic identity of animals which may cause them 
suffering without any substantial medical b enefit for humans or animals.  
 
The provisions of the third Paragraph, item 4 , relating to processes for modifying the genetic 
identity of animals apply, mutatis mutandis,  to animals produced by means of such a process. 
(Act 200 4:159).  
 Article 1 d.  A patent  is not  granted for such a process  for surgical or thera peutic treatment 
or for diagnostic  purposes  which is intended to be exercised on humans or animals. A p atent 
may, however, be granted for products, in ter alia  substances or compounds  of substance s, for 
use in any such process (Act 2007:516).  
 
Article 2.  A patent is  granted only for an invention which  is new in relation to what was 
known before the filing date of the patent application and which also differ s essentially 
therefrom.  
 
Everything made available to the public, regardless of whether this has been made in writing, 
through lectures, exploitat ion or otherwise, shall be considered as known. T he contents of 
an earlier patent application filed in Sweden before the said date shall also be considered as known if that application becomes available to the public pursuant to Article 22. The 
condition i n the first Paragraph that the invention must differ essentially from what was 
known before the filing date of the patent application does not, however, apply in respect of the contents of such an application.  
 Provisions stating that, for the application of the second Paragraph, an application referred 
in Chapter 3 or 11 shall, in certain cases , have  the same effect as a patent application made in 
Sweden are to be found in Articles 29, 38 and 87.   3 
The requirement in the first Paragraph that the invention shall be new, does not prevent the 
granting of a patent for a known substance or a known compound of substances for use in a 
process  referred to in Article 1 d, provided that the use of the substance , or the compound 
of substances , is not known in any such process.  Furthermore , this requirement  does not 
prevent the granting of a patent for a known substance or a known compound of substances 
for a specific use in a process referred to in Article 1 d, if such a use is not known.  
 A patent may be granted even if  the invention was made available to the public within six 
months prior to the filing of the patent application  
 
1. in consequence of an evident abuse in relation to the applicant or someone from whom he derives  his right, or  
2. because the applicant or someone from whom he derives his right has displayed the 
invention at an official or officially recognised exhibition  referred to in the 
Convention on International Exhibitions done  at Paris on November 22, 1928 (SÖ 
1996:30)  (Act 2011:580).  
 Article 3.  The exclusive right conferred by a patent implies, with the exceptions stated 
below, that no one  may, without the consent of the holder of the patent,  exploit  the 
invention by  
 
1. making, offering, putting on the market or using a  product protected by the patent or 
importing or possessing such a  product for any of t hese purposes,  
2. using a process which is protected by the patent  or, if he or she knows or it being 
obvious from the circumstances that the process cannot be used without the consent of the holder  of the patent, offering the process for use in Sweden,  
3. offering, putting on the market, or using a product prepared by a process protected by the patent or importing or possessing the produc t for any of these purposes.  
 The exclusive right also implies that no one may, without the consent of the holder  of the 
patent, exploit the invention by offering or supplying to a party not entitled to exploit the invention such means for carrying out the  invention in Sweden which relate to an essential 
element of the invention, if the party  offering or supplying the means knows , or it is obvious 
from the circumstances, that the said means are suited and intended for use in the carrying 
out of the invention. If the means consist s of a product that is  generally available in 
commerce , this only applies if the party offering or supplying the means attempts to induce 
the receiver to commit the acts referred to in the first Paragraph.  In applying the provisions 
of this P aragraph, p arties using the invention in a manner specified in the third P aragraph, 
items 1, 3, 4 or 5, shall not be considered as entitled to use the invention.  
 The following acts are exe mpted from the exclusive right:  
 
1. acts of exploitation which are  not commercial,  
2. acts of exploitation of a product protected by the patent which is put on the market within the European Economic Area by the holder of the patent or with his consent ; 
as regards biological material this applies also to acts of exploitation in the form of reproduction or multiplication of a product when the reproduction or multiplication 
is a necessary element of the exploitation for which the biological material has been  4 
put on the market, provided that the product obtained is not later used for further 
reproduction or multiplication,  
3. use of the invention for experiments which relate to the invention itself,  
4. studies, tests, examination s and practical measures which concern a reference 
medicine  to the extent that these  are necessary for obtaining an  approval for the sale 
of a medicine pursuant to Chapter 4, Article 13 of the Act ( 2015:315) on Medicinal 
Products or for other proceedings for approval based on Article 10.1 –10.4 of the 
Directive 2001/83/EC of the European Parliament and of the Council of 6 
November 2001 on the Community Code relating to Medicinal Products for Human 
Use, in its version pursuant to  Directive 2004/27/EC  of the European Parliament 
and of the Counci l, or Article 13.1 of Directive 2001/82/EC of the European 
Parliament and of the Council of 6 November 2001 on the Community Code 
Relating to Veterinary Medicinal Products,  in its version pursuant to Regulation (EC) 
596/2009 of the European Parliament and of the Council  or Article 13.2 - 13.5 of 
Directive 2001/82/EC in its wording pursuant to Directive 2004/28/ of the 
European Parliament and of the Council , 
5. acts of preparation in pharmacies of medicines in accordance with a prescription by a 
physician in an individual case or acts relating to medicines prepared in such cases 
(Act 20 15:317)  
 Article 3 a.  The exclusive right conferred by a patent on a biological material  which, as a 
result of the invention, possesses specific characteristics extend s to any biological material in 
an identical or a divergent form possessing those same characteristics derived from the 
biological material through reproduction or multiplicatio n. 
 The protection conferred by a patent in respect of a process enabl ing the preparation of a 
biological material which, as a result of the invention, possess es specific characteristics also 
extend s to, in addition to the  biological material possessing th ose characteristics directly 
obtained through this process, any other biological material in an identical or a divergent form with the same characteristics obtained through reproduction or multiplication from the 
biological material first prepared.  
 The exclusive right conferred by a patent to  a product containing , or consisting of , genetic 
information extends , with the exception of what cannot constitute a patentable invention 
pursuant to Article 1 b , first Paragraph,  to all material in which the product is incorporated 
and in which the genetic information is contained and performs its function. (Act 2004:159)  
 
Article 3 b . If the patent  holder  or someone with his consent assigns plant propagating 
material to a farmer for agricultural use, the farmer may, notwithstanding Articles 3 and 3 a, use the harvest for reproduction or multiplication in his own agricultural activity. The extent 
of, and the conditions for,  this derogation from the exclusive right of the patent hol der is 
evident from those in Article 14 of the Council Regulation (EC) No 2100/94 of 27 July, 1994 on the Community Plant Variety Right and the Implementing Regulations issued 
pursuant to that Article.  
 If the patent holder or someone with his consent assi gns breeding stock or other animal 
reproductive material to a farmer, the farmer may, notwithstanding Articles 3 and 3 a, use the livestock or the other reproductive material for agricultural purposes within his  5 
agricultural activity. The farmer may, however, not sell protected animals or other material 
within the framework  of, or for the purpose  of, a commercial reproduction activity.  
 
The right of the farmer under the second Paragraph must not be exercised to a wider extent 
than what is reasonable in view of the needs of the farmer and the interests of the patent 
holder . (Act 2004:159).  
 Article 4.  Anyone who, at the time when the application for a patent was filed, was using the 
invention commercially in this co untry may, notwithstanding the patent, continue such use 
while retaining its general character, provided that the use did  not constitute an evident 
abuse in relation to the  patent applicant or someone from whom he derives  his right . The 
right to such use shall , on corresponding conditions, also be due to anyone who has made 
substantial preparations for commercial use of the invention in this country.  
 
The right pursuant to the first Paragraph may only be transferred to others together with the 
business  where it originated or where the use was intended to take place.  
 Article 5.  Notwithstanding a patent, an invention may be used on a foreign vessel, aircraft, 
or other foreign means of communication for its own needs when it temporarily enters this countr y in regular traffic or otherwise.  
 The Government may prescribe that  spare parts and accessories to an aircraft may, 
notwithstanding a patent,  be imported into this country and used here for the repair of an 
aircraft domiciled in a foreign country in whic h corresponding privileges are granted to a 
Swedish aircraft (Act 1977:700). 
 
Article 5 a.  (Entering into force on the date determined by the Government).  When the Court referred 
to in Article 93 a examines cases relating to European patents referred to in Article 80, third 
Paragraph, Articles 25 to 30 of the Agreement on a Uniform Patent Court apply as national 
law in this country as regards which acts are  covered by the exclusive rights and the 
limitations on the right. The Articles apply in the version of the original text. The original texts have equal validity.  
 Articles 25- 30 in their original version together with a translation into Swedish are included 
as an Annex to this Act. (Act 2014:434).  
 
Article 6.   An application for a patent on an invention which was, within twelve months 
prior to the filing date according to Articles 8 c or 8 d mentioned in an earlier application for a patent in Sweden, shall , for the purpose of application of Article 2, first, second and fourth 
Paragraphs, and Article 4, be considered to have been filed simultaneously with the earlier application, if the applicant so claims in accordance with Articles 6 a to 6 e (priority). T he 
same applies in respect of an application for a patent on an invention which was , within 
twelve months prior to the filing date, mentioned in an earlier application for a patent, an 
inventors’ certificate or  protection as a utility model either in a foreign S tate party to the 
Paris Convention of Ma rch 20, 1883, for the Protection of Industrial Property (SÖ 1970:60) 
or in a S tate or a T erritory party to the Agreement Establishing the World Trade 
Organization (W TO). Such priority may be enjoyed also from an application for protection 
relating to any other S tate or any other T erritory, if a corresponding priority from a Swedish  6 
patent application is enjoyed where the earlier application was filed and if the legisl ation in 
force there essentially corresponds  with the Paris Convention for the Protection of Industrial 
Property . (Act 2014:289).  
 
Article 6 a. If the applicant wishes to claim priority from an earlier application, a request to 
this effect shall be filed w ithin 16 months from the filing date for the application claimed as 
giving rise to priority, or, if that point in time is later, within four months from the filing date for the latest application according to Article 8 c or 8 d. When priority is claimed, t he 
applicant shall provide information about where and when the application was filed to which reference is made and, if this is an international application, at which Receiving Authority it 
was filed. The applicant shall also, as soon as possible, indicat e the number of the earlier 
application.  
 
The applicant may, within the time and under the conditions prescribed in the first 
Paragraph, make an amendment in respect of the claim for priority by a communication to 
this effect to the Patent Authority. If th e amendment implies  that the filing date for the 
application claimed as giving rise to priority becomes a date earlier than the filing date originally referred to, the new filing date shall apply for the  application of the first Paragraph.  
 In respect of an international patent application pursuant to Chapter 3, priority shall be 
claimed in the application or within the time prescribed in the fourth Paragraph. The 
applicant shall at the same time provide information about where and when the a pplication 
was filed to which reference was made and its number and, if this is an international application, at which Receiving Authority it was filed. 
 
In respect of an application referred to in the third Paragraph, the applicant may make an 
amendment of the claim for priority through a communication to this effect to the Receiving Authority or to the International Bureau mentioned in Article 35. If the amendment implies  
that the applicant claims priority from an application other than the one originally referred to, the applicant shall, in the communication, provide information about the application as 
prescribed in the third Paragraph. Such a communicat ion shall be filed within 16 months 
from the filing date for the application referred to as a basis for priority. If the amendment 
implies that the filing date becomes an earlier date than the filing date originally claimed, the 
communication shall be made  within 16 months from the new filing date. The applicant has, 
however, always an opportunity to file a communication about an amendment within four 
months from the international filing date.  
 If several inventions are described in the basic documents and the application is divided in 
accordance with regulations  prescribed pursuant to Article 11, a claim for priority in respect 
of the original application shall apply also to any new application resulting from the division.  
 
A request or a communication purs uant to the first to fourth Paragraphs, cannot be made if 
the applicant has requested an earlier publication according to Article 22, third Paragraph. (Act 2014:289).  
    7 
Article 6 b . An applicant who has claimed priority shall within 16 months from the date 
from which priority is claimed file, at the Patent Authority, the following documents relating 
to the earlier application.  
 
1. A certificate indicating the name of the applicant and the filing date, issued by the 
Authority that has received the applicati on. 
2. A copy of the application certified by the same Authority.  
 
If the certificate or the copy has not been received within the time prescribed in the first 
Paragraph, the Patent Authority shall notify the applicant and give him an opportunity to file 
the documents within two months from the date of the notification.  
 The certificate or the copy does not have to be filed if the earlier application has been filed at 
the Patent Authority. (Act 2014:434).  
 Article 6 c. In respect of an international patent application pursuant to Chapter 3, the 
provisions of the second to fourth Paragraphs apply to the applicant’s obligations according 
to Article 6 b.  
 The applicant shall file the certificate referred to in Article 6 b, first Paragrap h, item 1, only if 
the Patent Authority invites the applicant to do so.  
 
Instead, the applicant may, in accordance with Rule 17.1 of  the Regulations under the Patent 
Cooperation Treaty done at Washington on June 19, 1970, file the copy of the earlier appli cation at  the International Bureau mentioned in Article 35 or at  the Receiving 
Authority, or request it to be transferred to the International Bureau according to the same 
Rule.  
 If a copy of an  earlier application has been received by the International Bu reau in 
accordance with the Rule referred to in the third Paragraph, the Patent Authority may request a copy and a translation of such a copy only in conformity with Rule 17.2 of the 
Regulations referred to in the third Paragraph. (Act 2007:516).  
 Article 6 d. Priority may only be based on the first application in which the invention was 
mentioned.  
 If the person who filed the first application or his or her successor in title has later, at  the 
same Authority, filed an application relating to the same invention, the later application may be claimed as a basis for priority. This applies, however, only if the prior appli cation has, 
when the later application is filed,  
 
1. been withdrawn, removed from the files or rejected without having been published, and 
2. does not leave any right outstanding that is based on it or has served as the basis for any right of priority.  
  8 
If someo ne has been granted a right of priority based on a subsequent application pursuant 
to the second Paragraph, the prior application may no longer be invoked as a basis for 
priority. (Act 2007:516).  
 Article 6 e.  An applicant may obtain priority also for a pa rt of an application.  
 For one and the same application  priority  may be claimed from several prior applications. 
This applies also in case the applications relate to different countries. (Act 2000:1158).  
 
Article 6 f.  The Government or, pursuant to an authorization by the Government, the 
Patent Authority prescribes concerning  
 
1. in which form a claim for priority shall be made,  
2. in which form evidence and copies referred to in Article 6 b shall be filed.  
 The Government or, following an authorization by the Government, the Patent Authority 
may issue provisions  on exceptions in certain cases from the obligation under Articles 6 b – 
6 c to file evidence and copies (Act 2000:1158).  
 
Article 6 g.  If the provisions in Articles 6 a – 6 e are not complied with, the right of priority 
does not apply.  (Act 2000:1158). 
 
Chapter 2. The Processing of Swedish Patent Cases (Act 1993:1406)
 
 
Article 7. The Patent Authority in this Act refers to the Patent Authority in this country 
unless otherwise stated.  
 The Patent Authority in this country is the Patent and Registration Office . (Act 1978:149).  
 Article 8. An application for a patent shall be filed at the Patent Authority or, in cases 
referred to in Chapter 3, at the Patent Authority in a foreign S tate or at an I nternational 
Organization.  
 
The application shall include  a description of the invention, comprising also drawings if such 
are necessary, and specified  indications about what is claimed to be protected by the patent 
(patent claims). The fact that the invention relates to a chemical compound does not imply 
that a  specified use must be indicated in the patent claim. The application shall include a n 
indication about how the invention is susceptible of industrial application, if this does not follow from the character of the invention. If the invention relates a gene  sequence or a 
partial sequence of a gene, the application must, however, always indicate in what way the 
invention is susceptible of industrial application.  The description shall be sufficiently clear 
for it to be carried out with the guidance thereof by a person skilled in the art. An invention 
relating to a biological material, or involves the use of such material, shall, in the cases 
referred to in A rticle 8 b, be considered disclosed with sufficient clarity only if the conditions 
in the said Article ar e also fulfilled. 
  9 
The application shall also contain an abstract of the description and the patent claims. The 
abstract is intended merely to provide technical information about the contents of the patent 
application and no account must be attached to it for any other purpose.  
 The applicant shall state the inventor’s name and address in the application. If a patent is 
applied for by someone other than the inventor, the applicant shall, in the application, state 
the basis for his right to the invention.  The Patent Authority shall accept this statement, if 
there is no specific reason to question its correctness.  The Patent Authority shall notify the 
person whom the applicant has indicated as the inventor about the application where this is 
not evidently unne cessary.  
 The applicant shall pay an application fee. For the application, an annual fee shall also be 
paid for each fee year beginning before the application has been finally decided on.  
 A fee year under  to this Act comprises one year and is calculated f rom the date of filing 
pursuant to Article 8 c or Article 8 d. and thereafter from the corresponding date according to the calendar . (Act 2014:289)  
 Article 8 a. The description, the patent claims and the abstract contained in a patent 
application shall be drawn up in Swedish or in English, unless otherwise follows from a 
regulation.  
 The application shall indicate if the patent shall be granted in a Swedish or in an English 
version . (Act 2014:289)  
 Article 8 b. If an invention relates t o a biological material which is neither available to the 
public nor can be described in the application documents so as to enable a person skilled in the art to carry out the invention with the guidance thereof, or if the invention implies the 
use of such material, the biological material shall be deposited no later than on the date of 
the filing of the application. The biological material shall thereafter be continuously kept 
deposited so that anyone who is entitled under this Act to receive samples of the material 
can have his sample delivered in Sweden. The Government prescribes  where deposits may 
be made.  
 
If a deposited biological material ceases to be viable or if samples from the material for 
another reason cannot be supplied, it may be replaced by a  new deposit of the same 
biological material within the time and in the manner prescribed by the Government. If this has been done, the new deposit shall be considered to have been made on the date when the 
earlier deposit was made (Act 2014:289).  
 Article  8 c. The filing date for a patent application shall be the date when the following 
information has been filed:  
 
1. an explicit or implicit indication that what has been filed is an application for a 
patent,  
2. information making it possible for the Patent Authority to determine who the 
applicant is and how to contact him, and   10 
3. indications that appear to be  
a) a description of the invention, or  
b) drawings relating to the invention, or  
4. a reference to a patent application filed earlier, and, if this applicatio n has not been 
filed at the Patent Authority, a copy of the application and an indication of its filing 
date, number and the Patent Authority at which it has been filed.  
 
If the requirements for determining a filing date pursuant to the first Paragraph have not 
been fulfilled and the Patent Authority has in its possession information that makes it 
possible to contact the applicant, the Patent Authority shall without delay i nvite the applicant 
to remedy the deficiencies within two months from the date of the invitation.  
 
If the deficiencies have not been remedied within the prescribed time, no patent application 
shall be deemed to have been filed and the c ase be  removed from  the files. The same  applies 
if it has not been possible to issue an invitation and the deficiencies have not been remedied within two months from the date when any of the information items according to the first 
Paragraph was filed. Information about the consequences that would result if the deficiencies 
are not been remedied shall be included in the invitation.  
 If the deficiencies have been remedied within the time prescribed in the third Paragraph, the 
filing date for the patent application shall be the  date when all the deficiencies have been 
remedied, unless otherwise follows from Article 8 d.  (Act 2014:289).  
 
Article 8 d. If , in the course of the examination pursuant to Article 8 b,  the Patent Authority 
finds that a part of the description or of a dra wing to which reference is made in the 
description or in the patent claims, is missing, the applicant shall be invited to complete the 
documentation within two months from the date of the invitation. If a completion of such 
missing parts is provided within  the time prescribed in the invitation, the filing date shall be 
the later date when the completion was provided, unless otherwise follows from the second and third Paragraphs. The same applies if an invitation has not been issued and a completion 
has been provided within two months from the date when any of the information items 
according to Article 8 b, first Paragraph, was filed.  
 If parts comp leting  an application are withdrawn within one month from their filing 
pursuant to the first Paragraph, the original filing date for the application shall apply.  
 
If the parts compl eting an application have been filed in accordance with the first Paragraph, 
the original filing date shall apply, if  
 
1. priority from an earlier application is claimed and the completing parts are evident in 
their entirety from the earlier application, and  
2. the applicant requests it and he or she files a copy of the earlier application within the 
time prescribed in the first Paragraph.  
It is not necessary to file a copy re ferred to in the third Paragraph, item 2, if the earlier 
application was filed at the Patent Authority . (Act 2014:289).   11 
Article 9.  If the applicant so requests and pays a special fee, the Patent Authority shall, on 
the conditions determined by the Government, allow the application to become subject to 
such a novelty search by an International Searching Authority referred to in Article 15.5 of 
the Patent Cooperation Treaty done at Washington on June 19, 1970.  
 Article 10.  Patents for two or more mutu ally independent inventions may not be applied for 
in one and the same application.  
 
Article 11.  If a patent is sought for an invention disclosed in a patent application filed earlier 
by the applicant and not finally decided upon, the later application sha ll, on conditions 
determined by the Government, be deemed to have been filed at the time when the 
documents disclosing the invention were filed at the Patent Authority, if the applicant  so 
requests  (Act 1977:700).  
 
Article 12.  The Patent Authority may invi te an applicant who does not have his domicile in 
Sweden to appoint a representative who shall be entitled to receive communications served in the case and who has his domicile in this country, and to notify the Authority about the 
representative. If the applicant disregards the invitation, the serving of communications may 
be carried out through the transmission by mail to the applicant under his latest known 
mailing address. The serving shall be considered as carried out  when this has been done . (Act 
2000:1158).  
 
Article 13.  An application for a patent must not be amended in such a way that patent is 
claimed for something that did not appear from the application on the filing date . (Act 
2007:516).    
 
Article 14
. (Repealed through  Act 2007:516).  
 Article 15. If the applicant has not, in cases other than those referred to in Articles 8 c and 8 
d, complied with the requirements regarding the application, or if the Patent Authority finds 
other obstacles to  the approval of the application, the applicant shall be invited to submit, 
within a specified term, observations or make  corrections. The Patent Authority may, 
however, without consulting the applicant, make such amendments as in the abstract as it 
considers necessary.  
 If the applicant fails, within  the term prescribed, to submit observations or take measures to 
remedy any deficiency indicated, the application shall be removed from the files . Information 
about this shall be included in the invitation.  
 An application which has been removed from the files shall be reinstated, if the applicant, 
within four months from the expiry of the prescribed term, submits observations or takes measures to remedy any deficiency indicated and within the same term pays the prescribed 
reinstatement fee.  
 If the appli cant does not pay the annual fee pursuant to Articles 8, 41 and 42, the application 
shall be removed from the files without any preceding invitation. An application which has been removed from the files for this reason must not be reinstated. (Act 2014:289)  
  12 
Article 16. If, after the applicant has submitted his observations, there are still obstacles to  
the approval of the application, and the applicant has been given an opportunity to submit 
observations concerning the obstacle, the application shall be r ejected, unless there are 
reasons for issuing a new invitation to the applicant.  
 
Article 17.  If somebody  claims before the Patent Authority that the proper title to the 
invention belongs to him and not to the applicant, and if the case is considered doubtful, the  
Patent Authority may invite him to bring an action  before a Court within a specified  time at 
the risk of the claim be ing disregarded in the further examination of the patent application.  
 
If a litigation relating to the proper title to the invention is pending before a Court, the 
patent application may be declared in abeyance until the litigation is finally settled by the 
Court.  
 Article 18.  If someone proves before the Patent Authority that the proper title to the 
invention belongs to him and not to the applicant, the Patent Authority shall transfer the application to him, if he so claims . The transf eree shall pay a new application fee.  
 If a claim  for a transfer is made, the application may not be removed from the files, rejected 
or approved until the claim  has been finally decided upon.  
 
Article 19.  If the application is complete and no obstacles to  a patent exist, the Patent 
Authority shall notify the applicant that a patent can be granted.  
 
The applicant shall pay a prescribed grant fee within two months from the date of the 
notification and, if the patent claims are drawn up in English, file a tra nslation into Swedish 
of the patent claims. If this is not done, the application shall be removed from the files . The 
processing of a n application which has been removed from the files shall be resumed if the 
applicant within four months from the expiry of the two months fulfils his obligations and, in addition, pays a prescribed resumption fee . 
 If a patent is sought by an inventor who has considerable difficulties in paying the grant f ee, 
the Patent Authority may exempt him from this fee, if he files a written request to that effect within two months from the date of the notification. If the Patent Authority rejects the 
request by the inventor, a fee paid within two months thereafter shall be deemed to have 
been paid within the proper time limit.  (Act 2014:289)  
 
Article 20.  If the applicant has fulfilled the requirements of Article 19 and there is still no 
obstacle to  a patent, the Patent Authority shall approve the application. The deci sion shall be 
announced.  
 When the decision to approve the patent application has been announced , a patent is  
granted. A patent  granted shall be recorded in the Patent Register kept by the Patent 
Authority. A Patent Certificate shall also be issued.  
 After the patent has been granted, the patent claims m ust not be amended so that the scope 
of the patent protection is extended.  (Act 1993:1406). 
  13 
Article 21.  As from the date when the patent is granted, a patent specification shall be kept 
available at th e Patent Authority. The patent specification shall contain the  description, the 
patent claims and an abstract as well as information concerning the patent holder and the 
inventor.  
  If the patent claims are drawn up in English, a translation of those into Swedish shall be 
attached to the patent specification. It shall be evident from the attachment that the patent 
claims in English are the authentic ones . (Act 2014:289)  
 Article 22. T he documents in the case shall be made publicly available to anyone from the 
date when the patent is granted.  
 
After e ighteen months from the date when the patent application was filed or, if  priority is 
claimed, the date from which priority is claimed, th e documents shall, if they have not 
already been made available pursuant to the first Paragraph, be made publicly available to 
anyone. If the application has been removed from the files  or rejected, the application shall, 
however, be made publicly availabl e only if the applicant requests the application to be 
resumed, or lodges an appeal or files a request pursuant to Article 72 or 73.  
 At the request of the applicant, the documents shall be made publicly available earlier than 
what follows from the first a nd second Paragraphs.  
  If the patent claims are drawn up in English and a translat ion of those into Swedish has been 
filed in the case, it shall, when the documents are being made available  pursuant to the 
second or third Paragraph, be indicated on the tr anslation that the patent claims in their 
English version are the authentic ones.  
 
When the documents become publicly available pursuant to the second or third Paragraph, 
this shall be announced. If a translation referred to in the fourth Paragraph is file d after the 
announcement has been published, a specific announcement about the translation shall be published if the applicant pays a prescribed fee for this.  
  If a document contains a trade secret and if it does not concern an invention for which a 
patent is sought or has been granted, the Patent Authority may, upon request and if there are 
special reasons for this, decide that the document shall not be delivere d to the public . If such 
a request  has been filed, the document m ust not be delivered to the public until the request  
has been refused through a decision that has gained legal force.  
 
If a biological material has been deposited pursuant to Article 8 b, any one has, subject to the 
limitations prescribed in this and the following Paragraphs, the right to obtain a sample of the material after the documents have been made publicly available pursuant to the first, 
second or third Paragraph. This applies regardles s of wheth er the patent has expired or  been 
invalidated. A sample m ust not be delivered to anyone who, pursuant to provisions in law or 
other statute, is not entitled to handle the deposited material. Furthermore, a sample m ust 
not be delivered to anyone w hose handling of the sample may be assumed to involve an 
evident risk in view of the harmful properties of the material.  
   14 
Until a  patent has been granted or the patent application has been finally decided upon 
without having resulted in a patent, samples from a deposit may be delivered only to a 
special expert, if the applicant so requests. If the patent application is rejected or is 
withdrawn, the corresponding applies for a period of 20 years from the date when the 
application was filed. The Government prescribes the time within which the request may  be 
made and who may be called as an expert by a person wishing to obtain a sample.  
 
Anyone who wishes to obtain a sample shall make a written request in this respect to the 
Patent Authority and file a commitment with the contents prescribed by the Government to 
prevent misuse of the sample. If a sample may be delivered only to a special expert, the 
commitment shall instead be filed by him or her. (Act 2014:289)  
 Article 23.  If the Patent Authority dismisses or rejects an application which  has been made 
available to anyone, this decision shall be announced when it has gained legal force. (Act 1993:1406).  
 Article 24.  Anyone other than the patent holder is entitled to file an opposition against a 
patent that has been granted. Any opposition shall be filed in writing at the Patent Authority within nine months from the date when the patent was granted.  
 The Patent Authority shall notify the patent holder about the opposition and give him an 
opportunity to submit observations.  
 
If the patent has been granted with description, patent claims and abstract drawn up in 
English, the Patent Authority may invite the patent holder to file a translation of the 
description and the abstract into Swedish. The invitation shall be issued indica ting that the 
Patent Authority may otherwise have a translation made at the expense of the patent holder.  
  
If the opposition is withdrawn, the opposition proceeding may nevertheless be completed if 
there are special reasons for this. (Act 2014:289)  
 Article 25. The Patent Authority shall, following an opposition, revoke the patent if it  
 
1. was granted notwithstanding the fact that the requirements under Articles 1 and 2 are 
not fulfilled,  
2. relates to an invention that is not so clearly described that a person skilled in the art is able to  carry it out with the guidance of the description, or  
3. includes something that was not evident from the application as filed.  
 
The Patent Authority shall reject the opposition if there is no obstacle pursuant to the first 
Paragraph to  maintaining the patent.  
 If the patent holder has, during the opposition proceedings, made such amendments that 
there are no obstacles pursuant to t he first Paragraph to  maintaining the patent in its 
amended form, the Patent Authority shall declare that the patent is maintained in its amended form. If the patent claims are drawn up in English, the patent may be maintained 
in its amended form only if t he patent holder has filed a translation into Swedish of the 
patent claims in their amended version. The translation shall be attached to the decision and  15 
it shall be evident from the attachment that the patent claims in their English version are the 
authe ntic ones.  
 When the decision by the Patent Authority relating to an opposition has gained legal force, it 
shall be announced. If the decision involves that the patent is amended, a new patent 
specification shall be held available at the Patent Authority and a new Patent Certificate be 
issued . (Act 2014:289)  
  Article 26. A final decision by the Patent Authority concerning an application for a patent 
and a final decision pursuant to Article 8 c, third  Paragraph , may be appealed by the 
applicant . A final decision relating to an opposition to a patent may be appealed by the 
paten t holder and the opposing party.  
 A decision whereby a request  for reinstatement according to Article 15, third Paragraph, or 
Article 19, second Paragraph,  has been rejecte d or a request  for a transfer according to 
Article 18, has been sustained may be appealed by the applicant. A decision by which a 
request for transfer according to Article 18 has been rejected, may be appealed by the party 
making  the request . 
 A decision by which a request  for an order under Article 22, sixth Paragraph, has been 
rejected may be appealed by the p arty making the request . 
 
Article 27.  (Repealed  through  Act 2016:192).  
 Chapter 3. International Patent Applications  
 
Article 28.  The notion “international patent application” refers to an application made 
pursuant to the Patent Cooperation Treaty done at Washington on June 19, 1970.  
 
An international patent application is filed at  a Patent Authority or an International 
Organisation which is, a ccording to the Patent Cooperation Treaty and its Regulations, 
authorised to receive such applications (Receiving Authority). The Swedish Patent Authority 
shall be Receiving Authority in accordance with what the Government prescribes. The 
applicant shall pay the prescribed fee for an international patent application filed at  the 
Swedish Patent Authority.  
 
The provisions of Articles 29 to 38 apply to international patent applications designating 
Sweden. If, however, a European patent for Sweden  is sought thr ough the application, 
Chapter 11 shall apply (Act 2007:700).  
 
Article 29.   An international patent application for which the Receiving Authority has 
accorded an international filing date, shall in Sweden have the same effect as a Swedish patent application with the same filing date. The provisions of Article 2, second Paragraph, 
second sentence, shall, however, apply only if the application has been pursued in 
accordance with Article 31. (Act 2007:516). 
  16 
Article 30.  An international patent application shall be deemed to be withdrawn in relation 
to Sweden in the cases referred to i n Article 24(1)  (i) and (ii) of the Patent Cooperation 
Treaty.  
 
Article 31. If the applicant wants to pursue an international patent application in Sweden, 
the applicant shall within 31 months from the international filing date, or, if  priority is 
claimed , the date from which priority is claimed, file, at  the Patent Authority, a translation 
into Swedish or English of the international patent application to the extent prescribed by 
the Government or, if the application is drawn up in Swedish or English, a copy of the 
application. The applicant shall within the same period, pay a fee to the Patent Authority.  
 If the applicant has paid the fee within the period prescribed in the first Paragraph, the 
translation or the copy required may be filed within an additional respite of two months, 
provided that an addit ional fee is paid within the latter respite.  
 If the applicant does not comply with the provisions in this Article, the application shall be 
deemed to be withdrawn as far as Sweden is concerned.  (Act 2014:289)  
 Article 32. (Repealed through  Act 2007:516).
 
 Article 33. If an international patent application has been pursued according to Article 31, 
the provisions in Chapter 2 concerning the application and its processing shall apply unless 
otherwise provided in this Article or in Articles 34 to 37. The application may only upon a 
request by the applicant be taken up for consideration before the expiry of the respite  that 
applies according to Article 31, first Paragraph.  
 
An invitation under  Article 12 may not be issued before the point in time when the Patent 
Authority ha s the right to commence the consideration of the application.  
 
The provisions of Article 22, second and third Paragraphs, 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, if the application is drawn up in Swedish 
or English, as soon as the applicant has filed a copy of it at the Patent Authority.  
 In respect of an international patent application shall, for the purpose of application of 
Articles 48, 56 and 60, the provisions included there concerning the making available under 
Article 22 of the documents in the application case, refer instead to the making available of 
the documents under Article 22 with application of the third Para graph.   
 If a patent application fulfils the requirements as to  form and content  prescribed in the 
Patent Cooperation Treaty and its Regulations, it shall be accepted in these respects.  (Act 
2014:289).  
 Article 34. In respect of an international patent application,  a patent must not be granted or 
a decision on rejection be taken before the expiry of the time limit prescribed by the 
Government, unless the applicant agrees to an earlier decision concerning the application. 
(Act 1993:1406).  
  17 
Article 35. In respect of an international patent application the Patent Authority m ust not, 
without the consent of the applicant, grant a patent or make the application publicly 
available before the International Bureau of the World Intellectual Property Organization 
has published the application or twenty months have passed from  the international filing 
date or, if priority is claimed, the date from which priority is claimed. (Act 1993:1406).  
 
Article 36.   If a part of an international patent appli cation has not been the subject of an 
international search or an international preliminary patentability examination because the 
application was found to encompass mutually independent inventions and the applicant did 
not pay, within the prescribed time li mit, the additional fee pursuant to the Patent 
Cooperation Treaty, the Patent Authority shall consider if the finding was correct. If the Patent Authority concludes that the finding was correct, the part of the application which  
was not the subject of such a search or such an examination shall be considered withdrawn at the Patent Authority if the applicant does not pay the prescribed fee within two months 
from the point in  time when the Patent Authority sent a notification to him about its 
decision. If the  Patent Authority concludes that the finding was not correct, the Patent 
Authority shall proceed with the examination of the application in its entirety.  
 A decision pursuant to the first Paragraph, whereby the Patent Authority has concluded that 
the paten t application encompasses mutually independent inventions, may be appealed by 
the applicant.  
 
If the Court finds the decision by the Patent Authority to be correct, the respite f or the 
payment of a fee referred to in the first Paragraph, second sentence, shall be computed from the point in time when the Patent Authority sent to the applicant a notification of the 
decision of the Court that has gained legal force.  (Act 2016:192).  
 Article 37.  If a part of an international patent application has not been the subject of an 
international preliminary patentability examination because the applicant has restricted the 
patent claims after having been invited by an Authority entrusted with such an examination 
to either restrict the claims or pay additional fees, the part of the application which has not 
been examined shall be deemed to be withdrawn at the Patent Authority unless the applicant 
pays the prescribed fee to the Authority within two months after the Authority sent him a 
notification about what thus applies.   
 Article 38.  If the Receiving Authority has refused to accord an international filing date for 
an international patent application or has declared that the application shall be deemed to be withdrawn or that the request  for the application to designate  Sweden shall be deemed to be 
withdrawn, the Patent Authority shall, at the request of the applicant, consider whether this decision was correct. The same shall apply in respect of a decision by the International 
Bureau that the application shall be deemed to be withdrawn.  
 
A request for review pursuant to the first Paragraph shall be filed at  the International Bureau 
within the respite prescribed b y the Government. Within the same time , the applicant shall 
file at  the Patent Authority a translation of the application to the extent prescribed by the 
Government and pay the prescribed application fee.  
  18 
If the Patent Authority concludes that the decision of the Receiving Authority or the 
International Bureau was not correct, the Patent Authority shall process the application 
pursuant to Chapter 2. If an international filing date has not been accorded by the Receiving 
Authority, the application shall be d eemed to have been filed on the date which  the Patent 
Authority deems should have been accorded as the international filing date. If the application fulfils the requirements as to form and content prescribed in the Patent 
Cooperation Treaty and its Regulat ions, it shall be accepted in these respects.  
 The provision in Article 2, second Paragraph, item 2, appl ies to an application which has 
been taken up for processing pursuant to the third Paragraph, if the application becomes publicly available pursuant to Article 22. (Act 1983:433). 
 
Chapter 4. The Scope and Term of a  Patent  
 Article 39.  The scope  of the patent protection is determined by the patent claims. For the 
understanding of the patent claims, guidance may be sought from the description.  
 
Article 40. A patent granted may be kept in force until twenty years have passed from the 
date when the patent application was filed.  
 A prescribed annual fee shall be paid for a patent for each fee year commencing after the 
grant. If the patent has been granted bef ore annual fees for the patent application have 
commenced to become due under Article 41, the patent holder  shall, however, when the 
annual fee for the patent becomes due  for the first time , pay also the annual fee for any  fee 
year commencing before the grant.  
 
Provisions concerning supplementary protection are included in Chapter 13. (Act 1996:889).  
 Chapter 4 a. Limitation of Patents, etc.  
 Article 40 a.  (Ceases to apply on the date determined by the Government ). A patent holder may file a 
request at the Patent Authority to the effect that  
 
1. one or more patent claims and, where this is necessary, the description be amended so that the extent of the patent protection be limited (patent limitation), or  
2. the patent be revoked.  
 
If the patent claims are drawn up in English, the patent holder shall, together with a request 
under the first Paragraph, item 1, file a translation into Swedish of the patent claims in the version to which the request refers.  
 A request pursuant to the first Paragraph shall be rejected if, at the time of the request, an 
opposition proceeding pursuant to Article 24 or pursuant to Article 99 of the Convention on 
the Granting of European Patents, done at Munich on October 5, 1973, (the European 
Patent Convention) or a case for invalidation pursuant to Article 52 relating to the patent are 
in progress. If the patent holder has requested, or requests, that the patent be l imited or 
revoked pursuant to Article 105 a of the European Patent Convention, any request  under  the  19 
first Paragraph shall be declared in abeyance until the European Patent Office has issued a 
final decision in the matter.  
 
A request pursuant to the first  Paragraph must not be approved without the consent of the 
right-owners concerned where the patent is put under legal seizure, or sequestered or 
impounded, or a dispute on the transfer of the patent is pending in a Court.  
 The patent holder shall pay a spe cial fee for a request pursuant to the first Paragraph . (Act 
2014:289) . 
 
Article 40 a. (Enters into force on the date decided by the Government). A patent holder may  file a 
request to the Patent Authority to the effect that  
 
1. one or more patent claims and, where this is necessary, the description be amended so that the extent of the patent protection be limited (patent limitation), or  
2. the patent be revoked.  
 
If the pat ent claims are drawn up in English, the patent holder shall, together with a request 
under the first Paragraph, item 1, file a translation into Swedish of the patent claims in the version to which the request refers.  
 A request pursuant to the first Paragr aph shall be rejected if, at the time of the request, an 
opposition proceeding pursuant to Article 24 or pursuant to Article 99 of the Convention on the Granting of European Patents, done at Munich on October 5, 1973 (the Europe an 
Patent Convention) or a c ase for invalidation pursuant to Article 52 relating to the patent are 
in progress. If the patent holder has requested, or requests, that the patent be limited or 
revoked pursuant to Article 105 of the European Patent Convention, any request pursuant to the first Paragraph shall be declared in abeyance until the European Patent Office has 
rendered  a final decision in the matter.  
 
A request pursuant to the first Paragraph must not be approved without the consent of the 
right-owners concerned as long at the patent is put under legal seizure, or impounded, or a 
dispute on the transfer of the patent is pending in a Court.  
 
The patent holder shall pay a special fee for a request pursuant to the first Paragraph.  
 This Article does not apply in respect of European patents referred to in Article 80, t hird 
Paragraph. It applies, however, in respect of additional protection referred to in Article 105 even if the basic patent is a European patent with unitary  effect.  (Act 2014:434)  
 Article 40 b. If the patent holder  has not complied with the provisions of Article 40 a or if a 
request for the limitation of a patent is not in conformity with the provisions of Article 52, first Paragraph, items 2 to 4, on invalidity, the patent holder  shall be invited to submit a 
correction within a specified  time.  
 
If the patent holder  does not reply or if the request cannot be approved even after the patent 
holder has submitted observations , the request shall be rejected, if   20 
1. the patent holder  has been given an opportunity to submit observations  concerning 
the obstacle, and  
2. there is no reason to issue a new invitation to the patent holder . (Act 2007:516). 
 
Article 40 c. If the Patent Authority finds that there are no obstacles to the approval of a 
request pursuant to Article 40 a, the patent shall be limited or revoked in conformity with 
the request. A translation referred to in Article 40 a, second Paragraph, shall be at tached to 
the decision and it shall be evident from the attachment that the patent claims in their English version are the authentic ones. The Patent Authority shall announce the decision. If 
the patent has been limited, the Patent Authority shall issue a new Patent Certificate and 
make a new patent document available.  
 The decision by the Patent Authority shall have effect from the date of the filing of the 
patent application.  (Act 2014:289).  
 Article 40 d. In cases relating to  infringement of a patent or revocation of a patent, the 
patent holder  has an obligation to inform the Court about the fact that a request for a 
limitation or a revocation of the patent has been filed . (Act 2007:516).  
 Chapter 5. Payment of Annual Fees  
 Article 41. The annual fee shall be due for payment on the last day of the calendar month 
during which the fee year begins. The annual fees for the first two fee years shall, however, be due only at the same time as the fee for the third fee year . Annual fee s must not be paid 
earlier than six months before they become due for payment.  
 
For a  later application referred to in Article 11, the annua l fees for fee years which 
commenced before the date on which the later application was filed or which begin within 
two months from the said date shall not in any case  be due before two months have passed 
from the said date. For an international patent application, the annual fees f or fee years 
commenc ing before the date when the application was pursued in accordance with Article 31 
or was taken up for processing pursuant to Article 38 , or which commence within two 
months from the said date, shall not in any case  be due before two mo nths have passed from 
the date when the application was pursued or was taken up for processing.  
 
An annual fee  may, together with the prescribed increase, be paid within six months after the 
date when it becomes due. (Act 1983:433)  
 
Article 42.  If the inve ntor is the applicant or the holder  of the patent and if he has 
considerable difficulty in paying the annual fees, the Patent Authority may give him a respite for the payment if he makes a request to that effect not later than when the annual fees 
become d ue for the first time. Respites may be given for up to three years at a time but not 
more than until three years have passed from the grant of the patent. Any request for an extension of the respite shall be made before a respite already granted has expire d. 
 If a request for respite or for an extension of the respite is refused, a fee that is paid within 
two months thereafter shall be considered to have been paid in time.  
  21 
Annual fees, for the payment of which a respite has been granted under the first Paragraph, 
may be paid together with the same increase as referred to in Article 41, third Paragraph, 
within six months after the point in time until which a respite has been obtained.  (Act 
1983:433).  
 
Chapter 6. Licenses, Assignments, etc.  
 Article 43.  If the patent holder  has granted another party the right to exploit an invention 
commercially (license), the licensee may assign his right to others only if an agreement to that effect has been concluded.  
 Article 44.  (Ceases to apply on the date determined by the Government ). If a patent has been 
transferred to another party or a license has been granted, this fact shall, upon request, be recorded in the Register of Patents.  
 If it has been proved that a license recorded in the Register has ceased  to be valid, the 
recording of the license shall be cancelled.  
 
The provisions of the f irst and second Paragraphs apply, mutatis mutandis,  in respect of 
compulsory licenses and rights referred to in Article 53, second Paragraph.  
 
In cases or matters concer ning a patent, the party which has last been recorded in the 
Register of Patents in such capacity  shall be deemed to be the patent holder . 
 
Article 44.  (Enters into force on the date determined by the Government).  If a patent had been 
transferred to anothe r party or a license has been granted, this fact shall, upon request, be 
recorded in the Register of Patents.  
 If it has been proved that a license recorded in the Register has ceased to be valid, th e 
recording of the license shall, upon request, be cancel led. 
 
The first and second Paragraphs apply also to any right referred to in Article 53, second 
Paragraph, and to any compulsory license, however not to a compulsory license to exploit an 
invention protected by a European patent referred to in Article 80, third Paragraph.  
 In cases or matters concerning a patent, the party that  has last been recorded as patent 
holder in the Register of Patents be deemed to be the patent holder . (Act 2016:726). 
 
Article 45.  A compulsory license to exploit an invention in Sweden may be granted if  
 
1. three years have passed from the point in time whe n the patent was granted and four 
years from the filing of the patent application,  
2. the invention is not exploited to a reasonable extent in Sweden, and  
3. any acceptable reason is lacking why the invention is not being exploited.  
 
For the purposes of application of the first Paragraph, item 2, the import of the invention to 
Sweden from a State within the European Economic Area or a State or a Territory party to  22 
the Agreement on the Establishment of the World Trade Organization (WTO)  shall  be put 
on an equal footing with exploitation of an invention. (Act 2004:159)   
 
Article 46.  A holder of a patent for an invention the exploitation of which is depending on a 
patent belong ing to someone else may be granted a compulsory license to exploit the 
invention protected by the other patent. Such a license may be granted only if the applicant 
proves that the first -mentioned invention constitutes a n important technical progress of 
considerable economic interest compared with the other invention.   
If a compulsory license is granted pursuant to the first Paragraph, the  holder  of the patent in 
which a compulsory license has been granted is entitled to obtain, on reasonable conditions, a com pulsory license (cross -license) to exploit the other inventi on. (Act 2004:159). 
 Article 46 a.  A plant breeder who cannot obtain or exploit a plant variety right or a 
Community plant variety right without infringing a patent  granted earlier , may obtain a 
compulsory license to exploit the invention protected by the patent , if such a license is 
necessary for the plant variety to be exploited. Such a license may be granted only if the applicant proves that the plant variety constitutes a n important technical p rogress of 
considerable economic interest compared with the invention.  
 
Of a patent holder  obtains a compulsory license in a plant variety right or a Community 
plant variety right, the holder of the plant variety right is entitled to obtain, on reasonable conditions, a compulsory license (cross -license) to exploit the invention of the patent holder . 
 Provisions on the possibility for the holder  of a patent on a biotechnical invention to obtain,  
under certain conditions, a compulsory license to exploit a protected plant variety are 
contained in Chapter 7, Article 3  a, of the Act on the Protection of Plant Variety Rights 
(1997:306) and, in so far as concerns a Community plant variety right , in Art icle 29 of the 
Council Regulation (EEC) No 2100/94 of 27 July 1994 on the Community Plant Variety 
Right. (Act 2007:516).  
 Article 47.  If a public interest of exceptional importance so requires, anyone who desires to 
commercially exploit an invention for which another party holds a patent may obtain a 
compulsory license to do so.  
 Article 48.  Any party which in this country was commercially exploiting an invention which  
is the subject of a patent application at the time when the application documents were made available pursuant to Article 22, may , if the application results in a patent, obtain a 
compulsory license for the exploitation,  if exceptionally strong reasons exist and it  had no 
knowledge of the application and had not reasonably been able to obtain such knowledge. 
Under corresponding conditions such a right shall also be granted to anyone who ha s made 
substantial preparations for commercial exploitation of the i nvention in this country. A  
compulsory license may also apply for a time before the patent was granted.  
 Article 49.  A compulsory license may only be granted to a party that can be assumed to 
exploit the invention in an acceptable manner and in conformity with the license. The applicant must also prove that he or she has unsuccessfully turned to the patent holder for 
obtaining  a contractual license on reasonable conditions.   23 
A compulsory license does not prevent the patent holder from exploiting the inventi on 
himself or to grant licenses. A compulsory license may be assigned to someone else only 
together with a business where it is exploited or was intended to be exploited. In respect of 
compulsory licenses referred to in Article 46, first Paragraph, and Art icle 46 a, first 
Paragraph, it also applies that the license may be assigned only together with the patent or 
the plant variety right on which the license is based . (Act 2004:159).  
 Article 50.  A compulsory license is granted by the  Court , which also decides to what extent 
the invention may be exploited and establishes the remuneration and other terms for the license. When substantially changed circumstances call for it, the Court may, upon dema nd, 
revoke the license or establish new conditions for it.  
 
Chapter 7. Lapse of a Patent, etc.  
 Article 51.  If the annual fee for a patent is not paid pursuant to the provisions of Articles 40, 
41 and 42, the patent shall become invalid  as of the beginning of the fee year for which the 
fee has not been paid. (Act 1983:433).  
 Article 52.  Pursuant to a claim , the Court shall invalidate a patent if  
 
1. it has been granted notwithstanding the fact that the requirements under Articles 1 
and 2 are not fulfilled,  
2. it relates to an invention which is not described in a way sufficiently clear for a person skilled in the art to carry out the invention with the guidance thereof,  
3. it contains something that did not appear in the application on the filing date, or  
4. the scope of the patent protection has been expanded after the grant of the patent.  
 If only a certain part of  a patent is invalid, the scope of the patent protection shall be limited 
correspondingly, through an amendment of the patent claims, if  
 
1. the patent holder claims it ,  
2. this is in conformity with the first Paragraph, items 2 to 4, and  
3. the patent holder has , if the patent claims are drawn up in English, filed a translation 
into Swedish of the patent claims in their amended version.  
 A translation referred to in the second Paragraph, item 3, shall be attached to the judgment 
and it shall be evident from the a ttachment that the patent claims in their English version  are 
the authentic ones.  
 
A patent must n ot be invalidated on the ground that the party which has been granted the 
patent is entitled only to a certain part of it.  
 Except in cases provided for in t he sixth Paragraph, a n action may be brought by anyone 
who suffers damage from the patent and, if  this is called for in the public interest, by a 
Public Authority designated by the Government.  
  24 
An action based on the allegation that the patent has been gra nted to a party other than the 
one entitled to the patent under Article 1 may only be brought by the party  claim ing to be 
entitled to it. The suit shall be brought within one year after the party claiming  to be entitled 
to such a right obtained knowledge about the grant of the patent and about other facts on 
which the action  is based. If the patent holder was in good faith when the patent was granted 
or when it was transferred to him, the action may, howev er, be brought no later than three 
years from the grant of the patent . (Act 2014:289).  
 Article 53. If a patent has been granted for a party other than the one entitled to the patent 
according to Article 1, the Court shall, upon a  claim  by the party entit led to the patent, 
transfer it to him or her. The provisions of Article 52, sixth Paragraph, shall apply in  respect 
of the time within which a n action shall be brought.  
 If the party  deprived of the patent has, in good faith, commenced the exploitation of the 
invention commercially in Sweden or made substantial preparations for it , he or she is  
entitled  to continue , against a reasonable remuneration and on other reasonable terms,  the 
exploitation commenced or implement the exploitation as planned, while retaining its general 
character. Such a right has, under corresponding conditions, also anyone who holds a license 
which is recorded in the Register of Patents.  
 A right referred to in the second Paragraph may be transferred to someone else only 
together with the business in which the right has been exploited or was intended to be 
exploited.  (Act 2014:289).  
 Article 54.  (Ceases to apply on the date decided by the Government).  If the patent holder renounces 
the patent in writing to the Patent Authority, the Authority shall declare that the patent has 
been terminated in its entirety.  
 If the patent is seized for debt, sequestered or impounded, or if a litigation is pending at a 
Court concerning the transfer of the patent, the patent must not be declared terminated as long as the seizure, the sequestration or the impounding is still valid, or the dispute has not 
been finally decided. (Act 2007:516).  
 Article 54.  (Enters into force on the date decided by the Government). If the patent holder  renounces 
the patent in writing to the Patent Authority, the Authority shall declare that the patent has been terminated in its entirety.  
 If the patent is seized for debt, sequestered or impounded, or if a litigation is pending at a 
Court concerning the transfer of the patent, the patent must not be declared terminated as 
long as the seizure, the sequestration or the impounding is still valid, or the dispute has not 
been finally decided.  
 The Article does not apply to European patents referred to in Artic le 80, third Paragraph . It 
does however apply to supplementary protection referred to in Article 105, even if the basic patent is a European patent with uniform effect. (Act 2014:434).  
  25 
Article 55.  If a patent has become invalid or has been declared terminated or  has, through a 
judgment that has gained legal force, been declared invalid , amended or transferred, the 
Patent Authority shall publish an announcement about this fact.   
 
If the patent has been amende d through a judg ment that has gain ed legal force, a new patent 
document shall be made available at the Patent Authority and a new Patent Certificate be issued.  (Act 2014:289).  
 Chapter 8. Obligation to Provide Information  
 Article 56.  If a patent applicant invokes the application against another party before the 
documents in the case have been made available to the public pursuant to Article 22, the 
applicant is obliged to consent, upon request, to give the other party access to the 
documents. If the patent application includes a deposit of biological material referred to in 
Article 8 b, the consent shall also include the right to obtain a sample of the material. The provisions of Article 22, seventh Paragraph, third and fourth sentences , and eighth and ninth 
Paragraphs apply when a party wants to obtain a sample pursuant to of such a consent.  
 
Anyone who indicates , either by turning himself  directly to another party, or in an 
advertisement, or by inscription on a product or its packaging , or in any other way, that a 
patent has been applied for, or granted, without at the same time inform ing about  the 
number of the application or of the patent, shall , upon request,  provide  the said information 
without delay.  If it has not been expressly st ated that a patent has been applied for, or 
granted, but the circumstances create the impression that such is the case, then, upon request, information shall be given without delay on whether a patent has been applied for 
or granted. (Act 2014:289).  
 Chapter 9. Liability and Obligation to Pay Compensation, etc.  
 Article 57. Anyone  who infringes the exclusive right con ferred  by a patent (patent 
infringement) , if the act is committed intentionally or by gross negligence, is punishable for 
patent violation  with a fine or  imprisonment for up to two years.  
 
If the violation was committed intentionally and is considered serious , the person is 
punishable  for serious  patent  violation with  imprisonment for a minimum of six months up 
to a maximum of  six years. When assessing whether the violation is serious , particular 
consideration has to be given to whether the act concerned  
 
1. has been preceded by particular  planning,  
2. was part of criminal activities conducted in an organised form,  
3. was conducted on a  large scale, or  
4. was otherwise of a particularly dangerous nature . 
Anyone who has violated an injunction issued with a penalty of a fine pursuant to Article 57 b, 
must not be held liable for infringement s covered by the injunction.  
 
Responsibility is assigned under Chapter 23 o f the Criminal Code for attempting to commit 
or preparation of patent  violation or serious  patent  violation.   26 
The prosecutor may  initiate a prosecution for violations  referred to in this Article only if the 
prosecution is motivated for being in the public interest . (Act 2020:541).  
 
Article 57 a. Property in relation to which a criminal violation exists pursuant to Article 57 shall 
be declared forfeited if this is not obviously unreasonable. Instead of the property itself its value 
may be declared forfeited. Also profits arising from such a violation shall be declared forfeited if 
this is not obviously unreasonable. The same applies to what some one received as a 
compensation for costs related to such a violation, or the value of what has been received, if the 
act of receiving  constitutes a criminal violation pursuant to Article 57.  
 Property that has been used as a n implement  in a criminal violat ion under Article 57 may be 
declared forfeited, where this needed to prevent criminal violations or  there are otherwise 
special reasons. The same applies to property intended to be used as an implement in a criminal 
violation under Article 57, if the viola tion has been c ompleted  or the act  constituted a 
punishable attempt or a punishable preparation. Instead of the property itself, its value may be 
declared forfeited.  (Act 2005:289).  
 Article 57 b. Upon a claim by the patent holder  or by a party that, pursuant to a license, has the 
right to exploit the invention, the Court may issue an injunction with a penalty of a fine, 
prohibiting a party that commits, or contributes to, a patent infringement to continue that act.  
 If the plainti ff shows a probable cause that an act constituting an infringement, or a 
contribution thereto, takes place, and if it can reasonably be expected that the defendant, through the continuation of the act, or the contribution thereto, diminishes the value of t he 
exclusive right in the patent, the Court may issue  an injunction, with a penalty of a fine, for the 
time until the case has been finally adjudicated or otherwise is decided. No injunction may be 
issued before the defendant has been given an opportunity to respond, unless a delay would 
entail a risk for damage.  
 The provisions in the first and second Paragraphs apply also to acts constituting attempts, and 
to preparatory acts . 
 An injunction mentioned in the second Paragraph may be issued  only if the plai ntiff deposits a 
security at the Court for the damage that may be caused to the defendant. If the plaintiff is not 
capable of depositing such a security, the Court may liberate him or her from it. In respect of 
the type of security, the provisions of Chapter 2, Article 25, of the Enforcement Code apply. 
The security shall be examined by the Court unless the defendant has accepted it.  
 
When the case is adjudicated, the Court shall consider  whether an injunction issued  pursuant to 
the second Paragraph shall continue to apply.  
 
In respect of appeals against decisions under the second or fourth Paragraph and in respect of 
the proceedings in higher Courts, the provisions on appeal against decisions in Chapter 15 of the Cod e of Judicial P rocedure apply.  
 An action for the imposition of a fine may b e brought by the party that applied for the  
injunction. (Act 20 16:192).  
  27 
Article 57 c. If the applicant shows a probable cause that someone has committed a patent 
infringement, the Court may order, with a penalty of a fine, one or several of the parties 
referred to in the second Paragraph to provide information to the applicant about the ori gin 
and distribution networks for the goods or services which  the infringement concerns  (order to 
provide information).  Such an order may be issued  upon a claim by the holder of the patent or 
by a party that, pursuant to license, has the right to exploit t he invention. Such an order may 
be issued only if it can be assumed that the information would facilitate the inquiry into an 
infringement relating to the goods or services.  
The obligation to provide information relates to any party that   
1. has committed, or contributed to, the infringement,  
2. has on a commercial scale been exploiting goods that the infringement concerns,  
3. has on a commercial scale been exploiting a service that t he infringement concerns,  
4. has on a commercial scale made available an electronic communication service or 
another service that has been used or  the infringement, or  
5. has been indicated by a party referred to in items 2 to 4 as being involved in the producti on or distribution of the goods or the making available of the service that 
the infringement concerns.  
 
The information on the origin or distribution network of goods or services may  include, in 
particular,  
 
1. the names and addresses of producers, distribut ors, suppliers and others who have 
previously held the goods or made available the service s, 
2. the names and addresses of intended wholesalers and retailers, and  
3. information about  how much has been produced, delivered, received or ordered and 
the price that has been fixed  for the goods or services.  
 
The provisions in the first to third Paragraphs apply also to acts constituting attempts, and to 
preparatory acts . (Act 2009:111).  
 Article 57 d.  An order to provide information may be issued  only if the reasons speaking in 
favour of the measure outweigh the inconvenience or other harm that the measure would cause to the party affected by it or to any other opposite interest.  
 The obligation to provide information pursuant to Article 57 c does not include information 
the revelation of which would disclose that the provider of the information or any person 
closely related to him or her as referred to in Chapter 36, Article 3, of the Code of Judicial 
Procedure has committed a criminal offence.  
 The Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 
2016 on the Protection of natural persons with regard to the processing of personal data and 
on the fr ee movement of such data and repealing Directive 95/46 EC (General Data 
Protection Regulation) contains provisions limiting the use that may be made of personal data. (Act 20 18:273).  
 Article 57 e.  (Ceases to apply on the date determined by the Government).  If the claim  for an order to 
provide information is directed against someone who is the applicant´s opposite party in a n  28 
infringement case , the provisions on court procedures for that case shall apply. Decisions on 
orders to provide information may be appealed separately.  
 
If the claim for an order to provide information is directed against a party other than the one 
referred to in the firs t Paragraph, the provisions in the Act (1996:242) on Court Matters 
apply. The Court may decide that each party shall bear its own litigation costs.  
 
An action for the imposition of a fine may be brought by the party that has applied for the 
order. (Act 20 16:192).  
 Article 57 e. (Enters into force on the date decided by the Government . If the claim for an order to 
provide information is directed against someone who is the applicant´s opposite party in a n 
infringement case , the provisions on court procedures for that case shall apply. A decision 
on an order to provide information may be appealed separately.  
 
If the claim for an order to provide information is directed against a party other than the one 
referred to in the fi rst Paragraph, the provisions in the Act (1996:242) on Court Matters shall 
apply. The Court may decide that each party shall bear its own litigation costs.  
 
An action for the imposition of a fine may be brought by the party tha t has applied for the 
order.  (Act  2016:229).  
 
Article 57 f. Anyone who , pursuant to Article 57 c, second Paragraph, items 2 to 5, has been 
ordered to provide information pursuant to the first Paragraph of the same Article, is entitled to a reasonable compensation for costs and inconvenience . The compensation shall 
be paid by the party that has applied for the order to provide information.  
 
Anyone who makes available an electronic communication service and who has, pursuant to 
an order to provide information, delivered information referred to in Chapter 6, Article 20, 
of the Ac t (2003:389) on Electronic Communication s, shall send a written notice on this to 
the p arty whom the information concerns not earlier than one month and not later than 
three months from the delivery of the information. Costs for the notice shall be 
compens ated for in accordance with the first Paragraph.  (Act 2009:111) . 
 Article 57 g.  In addition to what is provided in Chapter  3, Articles 8 and 9, of the Act 
(2018;218) with Additional Provisions to the EU General Data Protection Regulation, personal data on violations of the law constituting criminal offences  pursuant to Article 57 
may be processed if this is necessary for a legal claim to be established, asserted or defended. (Act 20 18:273).  
 Article 57 h.  Upon a claim by the plaintiff, the Court ma y, in infringement cases, order the 
party that has committed, or contributed to, the infringement to defray  appropriate measures 
to disseminate information about the judgment in the case.  
 The provisions in the first Paragraph apply also to acts constituti ng attempts, and 
preparatory acts, relating to infringements. (Act 2009:111).  
  29 
Article 58.  Anyone who wi lfully or by  negligence commits a patent infringement shall pay a 
reasonable compensation for the exploitation of the invention and compensation for the 
further damage caused by  the infringement .  When the amount of the compensation is 
established , special considerati on shall be given to  
 
1. lost profits,  
2. profits made by the party committ ing the infringement,  
3. damage caused to the reputation of the invention,  
4. moral damage, and  
5. the interest of the patent holder in that infringements are not committed.  
 
Anyone who without intent or negligence commits a patent infringement shall pay a 
compensation for the exploitation of the invention i f and to the extent  reasonable.  
 
A claim for compensation for a patent infringement may concern only damage caused during 
the last fi ve years before the claim was brought. If no claim  is brought within that time , the 
right to compensation is lost. (Act 2009:111).  
 Article 59.  Upon a claim  by a party  suffer ing a patent infringement, the Court may, in so far as 
is reasonable, decide that a patent -protected  product  which has been manufactured without the 
consent of the patent holder shall be recalled from the channels of commerce, changed, taken 
into custody for the remainder of the patent term or be destroyed or that some other measure 
shall be taken in respect of it. The same applies to implements that have been, or have been 
intended to be, used for the infringement.  
 Property referred to in the first Paragraph  may be seized, if it may reasonably be assumed that a 
criminal violation pursuant to Article 57 has been committed.  In respect of such seizure, the 
provisions on seizure in criminal cases in general  apply.  
 Notwithstanding the provisions in the first Par agraph, the Court may, if there are exceptional 
reasons, pursuant to a claim , decide that a proprietor of property referred to in the first 
Paragraph may have disposal of the property for the remainder of the patent term, or part of it, 
against a reasonabl e compensation and on other reasonable conditions. Such a decision may be 
issued  only if the proprietor acted in good faith.  
 
The provisions of the first to third Paragraphs apply also to acts constituting attempts, and to 
preparatory acts . 
 A decision on a measure pursuant to the first Paragraph must not imply that the party suffer ing 
a patent infringement shall pay a compensation to the party against which the measure is 
directed.  
 Measures pursuant to the first Paragraph shall be defrayed  by the defenda nt if there are no 
specific reasons against it.  
 
No decision referred to in this Article shall be  issued , if forfeiture or a measure for the 
prevention of wrongful acts shall be decided pursuant to Article 57 a or the Criminal Code. (Act 2009:111).   30 
Article 59 a. If  it can reasonably be assumed that someone has committed, or contributed to, 
an infringement, t he Court may, in order to preserv e evidence relating to the infringement, 
order that an investigation be undertaken in respect of that party to search for objects or 
documents that may be assumed to be of importance for the inquiry into the infringement 
(infringement investigation ). 
 
An order for an infringement investigation may be issued  only where the reasons speaking in 
favour of the measure outweigh the inconvenience or other harm that the measure would cause to the party against which it is directed or to any other opposite interest.  
 The provisions in the first and second Paragraphs apply also to acts constituting attempts, and 
to preparatory acts . (Act 200 9:111). 
 Article 59 b.  (Ceases to apply on the date determined by the Government).  A matter relating to an 
infringement investigation may be taken up for consideration only upon a claim by the patent 
holder or anyone who, pursuant to a license, has a right to exploit the invention. If  legal 
proceedings have not yet  commenced , the claim  shall be submitted in writing.  
 
The opposite party shall be given an opportunity to respond before an order for an 
investigation is issued. If a delay would entail a risk that objects or documents of importance for 
the inquiry into the infringement would be removed, destroyed or distorted, the Court may, 
however, immediately issue an order to be valid until otherwise decided.  
 In other respects, any matter relating to an infringement investigation which arises before legal 
proceedings have been commenced shall be processed in the same way as if the matter had 
arisen during  legal proceedings. (Act 20 16:192).  
 
Article 59 b . (Enters into force on the date decided by the Government ). A matter relating to an 
infringement investigation may be taken up for conside ration only upon a claim by the patent 
holder or anyone who, pursuant to a license, has a right to exploit the invention. If legal 
proceedings have not y et commenced, the claim shall be submitted in writing.  
 The opposite party shall be given an opportunity to respond before an order for an 
investigation is issued. If a delay would entail a risk that objects of importance for the inquiry 
into the infringemen t would be removed, destroyed or distorted, the Court may, however, 
immediately issue an order to be valid until otherwise decided.  
 In other respects, any matter relating to an infringement investigation shall be processed in the 
same way as if the matter  had arisen in the context of  legal proceedings. (Act 2016:229).  
 Article 59 c.  An order for an infringement investigation may be issued  only if the applicant 
deposits a security at the Court for the damage  that may be caused to the opposite party. If  the 
applicant is not capable of depositing a security, the Court may liberate him from it. In respect 
of the type of the security, the provisions of  Chapter 2, Article 25, of the Enforcement Code 
shall apply. The security shall be examined by the Court, unless the opposite party has accepted it. 
  31 
In respect of appeals against the decision by the Court relating to an infri ngement investigation 
and as r egards the proceedings in higher Courts the provisions on appeal against decisions 
prescribed in Chapter 15 of the Code of Judicial Procedure apply. (Act 1998: 1456).  
 
Article 59 d.  An order for an infringement investigation shall contain information about  
 
1. the purpose of the investigation,  
2. the objects and documents that may be searched for, and  
3. the premises  that may be searched.  
If necessary, the Court shall set also other conditions for the execution of the order . (Act 
1998:1456).  
 
Article 59 e.  An order for an infringement investigation is immediately enforceable. If an 
application for its execution has not been filed within one month from the order, it becomes invalid.  
 If the applicant does not, within one month from the conclusion of the exec ution, file an action 
or commence in some other manner a proceeding relatin g to the matter, any measure  
undertaken in the context of the execution of the infringement investigation shall be invalidated 
to the extent possible. The same applies if an order for an infringement investigation is 
invalidated after the execution has been concluded. (Act 1998:1456).  
 
Article 59 f . An order for an infringement investi gation is executed by the Enforcement 
Authority in accordance with the conditions prescri bed by the Court and in applying Chapters 1 
to 3, Chapter 17, Articles 1 to 5, and Chapter 18, of the Enforcement Code. The applicant´s 
opposite party shall be informed about the execution only if the order for an infringement investigation has been issued  after hearing the opposite party. The Authority has the right to 
take photographs and to make video and sound recordings of such objects for which it is authorised to search. The Authority also has the right to make copies of, and extracts from, 
such documents for which it is  authorised to search.  
 An infringement investigation must not concern written documents referred in Chapter 27, 
Article 2, of the Code of Judicial Procedure. (Act 2006:682).  
 
Article 59 g.  The opposite party has the right to summon a n attorney when an order for 
infringement investigation is to be executed. The execution must not commence before the attorney has arrived. This does not, however, apply if  
 
1. the investigation is thereby unnecessarily delayed, or  
2. there is otherwise a risk that the purpose of the measure will not be achieved.  
At the execution, the Enforcement Authority is authorised to engage, as necessary, the services 
of an expert.  
 The Authority may permit the applicant or a representative of the applicant to attend the 
investigation for providing information. If such a permission is granted, the Authority shall see  32 
to it that the applicant or the representative is not being informed about the findings at the 
investigation more than can be justified by the execution. (Act 2006:682).  
 Article 59 h.  Photographs and video and sound recordings of objects as well as copies of, and 
extracts from, documents shall be listed and shall be held available for the applicant and the opposite party.  (Act 199 8:1456).  
 Article 60.  If someone , after the documents in the application case have been made available 
pursuant to Article 22 , commercially exploits an invention for which a patent is sought, the 
provisions on patent infringement shall apply to the extent that the application results in a 
patent. For the period before the patent was granted pursuant to Article 20, the patent 
protection extends, however, only to what is apparent both from the patent claims as worded 
when the application became available to the public and from the patent claims according to the 
patent. No  punishment may be imposed, no forfeiture m ay take place , and compensation for 
damages resul ting from exploitation taking  place before the patent was granted may be 
adjudicated only pursuant to Article 58, second Paragraph.  
 
If the patent claims are drawn up in English, the provisions of the first Paragraph apply only if a 
translation of the patent claims into Swedish is available in the application case and, if the 
translation has been filed after an announcement under Article 22, fifth Paragraph, first 
sentence, has been made , the Patent Authority has issued a specific announcement concerning 
the translation.   
 
The provisions of Article 58, third Paragraph, shall not apply if the action for compensation was 
brought at the latest one year after the term for opposition expired or, if an opposition has been 
filed, at the latest one year after the Patent Authority decided that the patent is to be maintained.  
(Act 2014:289).  
 Article 61.  (Ceases to apply on the date determined by the Government).  If a patent has been revoked or 
declared invalid by a decision or a judgment that has gained legal force, the Court may not adjudicate a punishment, decide on a seizure, issue an injunction with a penalty of a fine, 
adjudicate a fine or a compensation or decide on any other measure pursuant to Articles 57 to 
60. 
 If a patent infringement action is brought and the party against which the action  is directed 
asserts  that the patent is invalid, the question of invalidity may b e considered only after an 
action to this effect has been initiated. The Court shall order the party asserting that the patent 
is invalid to bring such action within a specified  time. 
 If a paten t infringement action and a patent invalidity action are brought in the same court 
proceeding and if it would be suitable  for the inquiry that the issue of patent infringement be 
dealt with separately, a separate judgment may, at the request of one of the parties, passed  on 
this issue. If a separate judgment is passed, the Court may decide that the case relating to the invalidity shall be held in abeyance until the judgment has gained legal force. (Act 2009:111).  
 Article 61.  (Enters into force on the date determined by the Government).  If a patent has been revoked or 
declared invalid by a decision or a judg ment that has gained legal force, the Court may not 
adjudicate a punishment, decide on a seizure, issue an injunction with a penalty of a fine ,  33 
adjudicate a fine or a compensation , or decide on any other measure pursuant to Articles 57 to 
60. 
 
If a patent  infringement action is brought and the party against which the action is directed 
asserts  that the patent is invalid, the question of invalidity may b e considered only after an 
action to this effect has been initiated . The Court shall order the party asserting that the patent 
is invalid to bring such action within a specified time. This Paragraph does not apply i n criminal 
cases.  
 If a patent infringement claim and a patent invalidity action are brought in the same court 
proceeding and if it would be suitable for to the inquiry  that the issue of patent infringement be 
dealt w ith separately, a separate judg ment may , at the request of one of the parties, be passed on  
this issue. If a separate judg ment is passed, the Court may decide that the case relating to the 
invalidity shall be held in abeyance until the judgement has gained legal force.  (Act 2016:726).   
 Articl e 62.  Anyone who wilfully or by negligence which is not of a minor nature omits to carry 
out what is required by him under Article 56,  shall be sentenced by fines.  
 
Such a penalty shall also be imposed on a party that, in cases referred to in the same Article, 
wilfully or by negligence which is not of a minor nature provides  erroneous information, unless 
punishment for such acts is provided for in the Penal Code.  
 
Anyone who wilfully or with negligence omits to carry out his obligations under Article 56 or, in 
cases referred to there, provides erroneous information shall pay a compensation for the 
damage  caused. If the negligence is of a minor nature, the compensation may be adjusted 
accordingly.  
 
Prosecution actions for offenses referred to in the first and second Paragraphs may be brought 
by the prosecutor  only if the injured party has filed a complaint and a prosecution is called for 
in the public interest. (Act 199 1:296).  
 
Article 63.   A patent holder  or a party that is, pursuant to a license , authorised to exploit the 
invention, may bring a  claim  for a declaratory judg ement to establish whether he enjoys 
protection against another party on the basis of the patent, if there is uncertainty in this respect 
and this is prejudicial to him.  
 A party that carries out , or intends to carry out , an activity may, on the same conditions, bring 
an action against the patent holder to establish whether a specific patent co nstitutes an obstacle 
to the said activity.  
 If it is alleged in the cases mentioned in the first Paragraph that the patent is invalid, the 
provisions of Article 61, second Paragraph, shall apply, mutatis mutandis.  
 Article 64.  (Ceases to apply on the dat e determined by the Government).  Anyone who intends  to bring a n 
action relating to invalidation of a patent, transfer of a patent or grant of a compulsory license 
shall report this to the Patent Authority and notify anyone who, according to the Register of 
Patents, holds a license or a pledge in  the patent. If a licensee intends to bring a n action relating 
to a patent infringement or to a declaratory judgment under Article 63, first Paragraph, he shall  34 
notify the patent holder about  this fact. The same applies if a holder of a pledge intends to bring 
an action relating to a  patent infringement.  
 
The obligation  to provide information provided for in the first Paragraph shall be deemed to 
have been fulfilled when the information has been sent in a prepaid registered letter to the address recorded in the Register of Patents.  
 If it is not shown, when the action is brought, that a report or a notification has been made 
pursuant to the provisions in the first Paragraph, the plaintiff shall be given a respite to do so. If he does not avail himself of this respite, his action shall not be taken up for consideration. (Act 
1987:1330).  
 Article 64.  (Enters into force on the date determined by the Government).   Anyone who intends to bring 
an action relating to invalidation of a patent, transfer of a patent or  grant of a compulsory 
license shall report this to the Patent Authority  and notify anyone who, according to the 
Register of Patents, holds a license or a pledge in the patent. If a licensee intends to bring a n 
action relating to a  patent infringement or t o a declaratory judgment under Article 63, first 
Paragraph, he shall notify the patent holder about this fact. The same applies if the holder  of a 
pledge intends to bring an action relating to a  patent infringement.  
 The obligation to provide information provided for in the first Paragraph shall be deemed to 
have been fulfilled when the information has been sent in a prepaid registered letter to the 
address recorded in the Register of Patents.  
 If it is not shown, then the claim is brought, that a report or  a notification has been sent 
pursuant to the provisions in the first Paragraph, the plaintiff shall be given a respite to do so. If 
he does not avail himself of this respite, his claim shall not be taken up for consideration.  
This Article does not apply t o a party that intends to file a n action at the Court referred to in 
Article 93 a or a claim at a Swedish Court concerning a European patent referred to in Article 
80, third Paragraph. (Act 2014:434).  
 Article 65.  (Ceases to apply on the date determined by the Government).  The Patent and Market Court 
has exclusive jurisdiction in cases and court matters referred to in this Act. The same applies to 
cases relating to a better title to an invention for which a patent is sought.   
 The provisions in  the Code  of Judicial Procedure about limitation of the compe tence of a Court 
in litigations which shall be processed otherwise than before a Court do not apply to claims for 
orders to provide information or infringement investigation. (Act 2016:192)
.  
 
Article 65 (Enters into force on the date determined by the Government). The Patent and Market Court 
has exclusive jurisdiction in cases and court matters referred to in this Act unless otherwise 
follows from Article 65 a. The same applies in cases relatin g to a better title to an invention for 
which a patent is sought.  
 
The provisions in the Code of Judicial Procedure about limitation of the competence of a Court 
in litigations which shall be processed otherwise than before a Court  do not apply to claims f or 
orders to provide information or infringement investigation. (Act 2016:434).   35 
Article 65 a.  (Enters into force on the date determined by the Government).  If the Court referred to in 
Article 93 a has exclusive competence pursuant to the Agreement referred to in that Article,  the 
action must not be taken up for consideration in a Swedish Court . (Act 2014:434).  
 
Article 66.  Final decisions by the Patent Authority and decisions pursuant to Articles 26, 
second and third Paragraphs , 36. 42,  72 or 73 may be appealed to the Patent and Market Court 
within two months from the date of the decision.  
 The provisions in Article 22, sixth Paragr aph, apply to documents fi led at  the Patent and Market 
Court, the Patent and Market Appellate Court or the Supreme Court.  
 
In addition to what follows from Chapter 5, Article 1 , of the Code  of Judicial Procedure  
sessions  in court matters under this Act shall be held behind closed doors if the patent 
application under consideration in the court matter is not publicly available pursuant to Article 
22. 
 An appeal to the Patent and Market Appellate Court or the Supreme Court must not concern 
other patent claims than those which have been examined in the appealed decision . (Act 
2016:192).  
 Article 67.  (Repealed through Act 2016:192).  
 Article 68.  (Repealed through Act 2016:192).  
 Article 68 a.  In a civil litigation pursuant to Article 65, the Court may,  if a translation into 
Swedish of the patent document in its entirety is not available at the Patent Authority, invite the 
patent holder or any other party bring ing an action pursuant to a right derived from the patent 
holder to file a translation in Swedish of the patent document. If  the party thus invited is the 
plaintiff in the case, the invitation shall be issued  indicating that the action may otherwise be 
dismissed. If the invited party is th e defendant in the case, the invitation shall instead be issued  
indicating that the Court will otherwise prepare a translation of the patent document at the 
expense of the party . (Act 2014:289)  
 Article 69.  (Repealed through Act  2016:192).  
  
Article 70.  A copy of the judgment or final decision in cases referred to in Article 65 shall be 
transmitted to the Patent Authority.  
 
Article 70 a . (Enters into force on the date determined by the Government). Decisions delivered by the 
Court referred to in Article 93 a are enforceable in this country in the same way as a corresponding Swedish decision. (Act 2014:434).   
 Chapter 10. Special Provisions.  
 Article 71.  (Ceases to apply on the date determined by the Government). A patent holder  who does not 
have his domicile in this country shall have a representative with residence here who is empowered to receive for him service of writs of summons, invitations and othe r documents in 
legal cases and matters concerning the patent,  with the exception of writs of summons in  36 
criminal cases and orders for the party to appear personally before  a Court. The representative 
shall be notified to the Register of Patents and record ed there.  
 
If the patent holder  has not notified  a representative as referred to in the first Paragraph, the 
service may instead be carried out by sending t he document to be served in a prepaid letter to 
his address as recorded in the Register of Patents.  If there is no complete address recorded in 
the Register, the service may be carried out by making the document available at the Patent Authority and by announcing the said service and the essential contents of the document in a 
publication determined by the Government. The service shall be deemed to have been 
performed  when the actions mentioned above have been carried out.  
 
The Government may, on condition of reciprocity, prescribe that the provisions in the first and 
second Paragraphs shall not apply in relation to a patent holder  who is domiciled in a specified 
foreign State or who has a representative in that foreign State  who is notified to the Register of 
Patents in this country and who is empowered in the manner prescribed in the first Paragraph. 
(Act 1977:700).  
 Article 71.  (Enters into force on the date determined by the Government). A patent holder who does not 
have h is domicile in this country shall have a representative with residence here who is 
empowered to receive for him service of writs of summons, invitations and other documents in 
legal cases and matters concerning  the patent, with the exception  of writs of summons in 
criminal cases and orders for the party to appear personally before the Court. The representative shall be notified to the Register of Patents and recorded there.  
 If the patent holder has not notified  a representative, the service may instead be carried out by 
sending the document to be served  in a prepaid letter to his address as recorded in the Register 
of Patents. If there is no complete address recorded in the Register, the service may be carried 
out by making the document avail able at the Patent Authority and by announcing the said 
service and the essential contents of the document in a publication prescribed by the Government. The service shall be deemed to have been performed when the actions mentioned 
above have been carried out. 
 The Government may, on condition of reciprocity, prescribe that the provisions in the first and 
second Paragraphs shall not apply in relation to a patent holder who is domiciled in a specified 
foreign State or who has a representative in that foreign State  who is notified to the Register of 
Patents in this country and who is empowered in the manner prescribed in the first Paragraph.  
 
The Article does not apply to holders of European patents referred to in Article 80, third 
Paragraph. (Act 2014:434).  
 Articl e 72.  If the applicant or the patent holder  has, despite having observed all due care 
required by the circumstances, suffered a loss of rights because he or she has not taken a measure at the Patent Authority within the time limit prescribed in this Act or under the 
authority of this Act and then he or she takes the measure within two months from the 
removal of the cause of the non- compliance, but at the latest within one year from the e xpiry 
of the respite , the Patent Authority shall declare the measure to have been taken in due time. 
If the applicant or the patent holder  wishes to obtain such a declaration, he or she shall  37 
within the time limit prescribed  above, file a request to that e ffect at  the Patent Authority 
and pay a fee.  
 
With respect to the respite  referred to in Article 6, a declaration pursuant to the first 
Paragraph may be made only if the application for which priority is claimed has been filed at the latest within two mont hs from the expiry of the respite  and a request for a declaration 
has been made and the fee has been paid within the same period.  
 
With respect to an international patent application that has been pursued in Sweden in 
accordance with Article 31, the first and second Paragraphs apply also if the applicant has 
suffered a loss of rights because he or she has not observed a respite in relation to the 
Receiving Authority, the International Searching Authority, the International Preliminary 
Examining Authority or  the International Bureau. The measure that has not been taken 
within the respite  shall in the cases referred to here be performed at the Patent Authority. 
(Act 2007:516).  
 Article 73. If, in cases referred to in Article 31 or 38, a document or a fee which has been 
sent by mail has not arrived at the Patent Authority within the prescribed time ,  but if the 
action intended by the mail has been completed within two months from the point in time 
when the applicant realized or should have realized that the  respite had been exceeded, but 
in no case later than one year after the expir y of the respite , the Patent Authority shall 
declare that the act shall be deemed to have been completed within the proper time, 
provided that  
 
1. the interruption of the postal ser vices occurred on any of the ten days preceding the 
expiration of the respite because of war, revolution, civil disorder, strike, natural 
disaster or other similar circumstance in the locality where the sender is staying or 
has his place of business, and t he document or fee was mailed to the Patent 
Authority within five days after the resumption of the postal service, or  
2. the document or fee was mailed to the Patent Authority by registered mail no later than five days before  the expir y of the respite , but only if the mail was sent by air 
mail where this was possible or the sender had reason to assume that the mailing by surface mail should have arrived at  the Patent Authority within two days from the  
mailing  date. 
 
If the applicant wishes to obtain a declaration pursuant to the first Paragraph, he shall file a 
written request  to that effect at  the Patent Authority within the time prescribed there  for the 
action . (Act 1983:433).  
 
Article 74. If a request under Article  72 or 73 has been approved and as a result thereof the 
processing of a patent application which has been dismissed  or rejected after having been 
made available under Article 22 is resumed, or a patent that has become invalid is considered 
maintained, an a nnouncement to that effect shall be published.  
  38 
If someone after the expiry of the time for restoration of the  dismissed application or the 
decision on rejection has gained legal force, or the patent has become invalid , but before the 
said announcement has been published, has commenced  in good faith the commercial 
exploitation of the invention in this country, he may, notwithstanding the patent, continue 
such exploitation while retaining its general character. Such a ri ght to exploitation shall also 
be granted on corresponding conditions to someone  who has made substantial preparations 
for commercial exploitation of the invention in this country,  
 The right under the preceding Paragraph may only be transferred to others together with the 
business activity in which it originated or in which the exploitation was intended to take 
place.  
 Article 75.  (Repealed through Act 2016:192).  
 Article 76. Fees under this Act are established by the Government. In respect of annual fees, 
the Government may prescribe that one or more of the first fee years shall be exempt from fees. (Act 1983:433).  
 Article 77.  The Government or the Authority designated by the Government issues 
provisions concerning the implementa tion of this Act. Diaries kept by the Authority shall be 
available to the public to the extent prescribed by the Government.  
 The Government may issue provisions to the effect that documents in matters relating to 
patent applications may be delivered to an  Authority in another State . 
 
Furthermore, the Government may also issue provisions to the effect  
 
1. that the examination of patent applications may, upon request by the Patent 
Authority, be carried out at an Authority in another State or at an i nternational 
institution, and  
2. that a party appl ying for a patent on an invention for which he or she has applied for 
a patent in another State, shall be obliged to report what the Patent Authority in that State has communicated to him or her concerning  t he examination of the 
patentability of the invention.  
Provisions concerning the obligation to provide reports pursuant to the third Paragraph, 
item 2, may, however, not be issued in respect of a patent application referred to in Chapter 
3, if it has been t he subject of an international preliminary examination and a report 
concerning that examination has been filed at  the Patent Authority. (Act 2007:516). 
 
Article 78.  If the country is at war or in danger of war, the Government  may, if called for in 
the public interest, prescribe that the right to a specific invention shall be surrendered to the State or to another party designated by the Government. A reasonable compensation shall 
be paid for the right to the invention thus surrendered.  If no agreement on the 
compensation can be reached with the party entitled to compensation, the Court shall establish  the compensation.  
  39 
If a party other than the State has availed itself of the right to an invention pursuant to the 
first Paragraph and if th at party does not fulfil its obligations in respect of the compensation, 
the State is  obliged to immediately pay  the said compensation, upon request by the party 
entitled to the compensation.  
 Article 79.  Special provisions apply to inventions of import ance for the defence of the 
country.  
 
Chapter 11. European Patents  
 Article 80.  (Ceases to apply on the date determined by the Government ). A European patent is a 
patent  granted by the European Patent Office under the European Patent Convention, done 
at Munich on October 5, 1973. A European patent application is a patent application filed 
under the said Convention.  
 
An application for a European patent shall be filed at the European Patent Office. Such an 
application may also be filed at  the Patent Authority to be transmitted by it to the European 
Patent Office. An application referred to in Article 76 of the said Convention (European 
divisional application) shall, howeve r, always be filed at  the European Patent Office.  
 The provisions of Articles 81 to 93 apply to a European patent for Sweden and a European 
patent application designating Sweden.  
 Article 80.  (Enters into force on the date determined by the Government).  A European patent is a 
patent  granted by the European Patent Office under the European Patent Convention, done 
at Munich on October 5, 1973. A European patent application is a patent application filed 
under the said Convention.  
 
An application for a European patent shall be filed at the European Patent Office. Such an 
application may also be filed at the Patent Authority to be transmitted by it to the European 
Patent Office. An application referred to in Article 76 of the said Convention (European 
divisional application) shall, however, always be filed at the European Patent Office.  
 European patents may have a unitary effect pursuant to Regulation (EU) No 1257/2012 of 
the European Parliament and the Council of 17 December 2012 implementing enhanced 
cooperation in the area of the creation of unitary patent protection. (Act 2014:434). 
 
Article 81 . (Ceases to apply on the date determined by the Government). A European pate nt is granted 
when the European Patent Office has announced its decision to approve the patent application. The European patent has the same legal effect as a patent granted in this country  
and is also in other respects  subject to the same provisions as su ch a patent, unless otherwise 
provided in this Chapter . 
 Article 81.  (Enters into force on the date determined by the Government).  A European patent is 
granted when the European Patent Office has announced its decision to approve the patent application. The European patent has the same legal effect as a patent granted in Sweden 
and is also in other respects subject to the same provisions as such a patent, unless otherwise 
provided in this Act. (Act 2014:434).   40 
  
Article 82. (Ceases to apply on the date determined by the Government).  A European patent has 
effect in Sweden only if the applicant, within three months from the date when  the 
European Patent Office announced its decision to grant the patent  has, at the Patent 
Authority,  
- filed a translation, in the manner prescribed in the third Paragraph, of the text in  
which the patent has been granted by the European Patent Office and  
- paid a fee for  the announcement . 
 
If the European Patent Office decides that a European patent shall be maintained in an 
amende d version  or be limited, the same applies also in respect of the amended text.  
 The patent c laims shall always be filed in  translation into Swedish. If the patent has been 
granted in German or French, the description shall be filed in translation into Swedish or English.  
 The translation shall be made available to  anyone . It shall, however, not be made available 
before the European Patent Office has published the European patent application.  
 
If the translation has been filed and the fee has been paid within the prescribed time and the 
European Patent Office has announced its decision to grant the patent or decided that the 
European patent shall be maintained in an amended version or be limited , this fact shall be 
announced by the Patent Authority. (Act 2007:518).   
 
Article 82.  (Enters into force on the date determined by the Government).   A  European patent has 
effect in Sweden only if the applicant, within three months from the date when the 
European Patent Office announced its decision to grant the patent  has, at the Patent 
Authority,  
- filed a translation, in the manner prescribed in the third Paragraph, of the text in which the patent has been granted by the European Patent Office and  
- paid a fee for the announcement.  
 If the European Patent Office decides that a European patent shall be maintained in an 
amended version or be limited, the same applies also in respect of the amended text.  
 The patent claims shall always be filed in a translation  into Swedish. If the patent has been 
granted in German or French, the description shall be filed in translation into Swedish or English  
 The translation shall be made available to anyone. It shall, however, not be made available 
before the European Patent  Office has published the European patent application.  
 If the translation has been filed and the fee has been paid within the time prescribed and the 
European Patent Office has announced its decision to grant the patent or decided that the 
European patent  shall be maintained in an amended version  or be limited, this fact shall be 
announced by the Patent Authority.  
  41 
This Article does not apply to European patents referred to in Article 80, third Paragraph. 
(Act 2014:434).  
 Article 82 a.  (Enters into force o n the date decided by the Government).  If a European patent is given 
unitary effect referred to in Article 80, third Paragraph, the measures of the applicant pursuant to Article 82 are without effect. (Act 2014:434).  
 
Article 82 b.  (Enters into force on the date determined by the Government). If a request by the patent 
holder for a unitary effect referred to in Article 80, third Paragraph, has been rejected, the time limit for the filing of a translation and the payment of a fee pursu ant to Article 82 be 
calculated from the date when the decision on the rejection has obtained legal force, on condition that the request has been filed at the European Patent Office within the proper 
time.  (Act 2016:726).  
 Article 83. If the patent holder  has not, within the prescribed time limit, completed the 
measure  referred to in Article 82, the provisions of Article 72, first Paragraph, relating to 
patent applicants shall apply mutatis mutandis.  If it is declared, pursuant to Article 72, that 
such a  measure  shall be deemed to have been completed within the proper time limit, the 
Patent Authority shall announce this fact.  
 If someone has, after the time limit for completion of the measures  under Article 82  has 
expired but before the announcement has been published, commenced in good faith t he 
commercial exploitation of the invention in Sweden  or made substantial preparations for it, 
he shall enjoy the rights provided for in Article 74, second and third Paragraphs.  (Act 
2006:625).  
 
Article 84.  (Repealed  through Act 1993:1406).  
 Article 85. If the European Patent Office has decided to limit or, wholly or in part, 
invalidate a European patent, this measure  shall have the same effect as if the patent had 
been limited or declared invalid to the corresponding extent in Sweden. In order for a decision on limitation to have effect in Sweden, the requirements under Article 82 have , 
however,  to be fulfilled. The Pa tent Authority shall announce the decision.  (Act 2007:516)  
 
Article 86.  (Ceases to apply on the date determined by the Government).  Annual fees for European 
patents shall be paid to the Patent Authority for each fee year commencing after the one  in 
which t he European Patent Office announced its decision to approve the patent application.  
 If the annual fee for a European patent is not paid pursuant to the provisions in the first 
Paragraph and in Articles 41 and 42, Article 51 shall apply mutatis mutandis . The first annual 
fee for a European patent is not, however, due for payment before two months have passed from the date on which the patent was granted. (Act 1983:433).  
 Article 86. (Enters into force on the date determined by the Government). Annual fees for a European 
patent shall be paid to the Patent Authority for each fee year commencing after the fee year 
in which the European Patent Office announced its decision to approve the patent 
application.   42 
If the annual fee for a European patent is not paid pursuant to the provisions in the first 
Paragraph and in Articles 41 and 42, Article 51 applies. The first annual fee for a European 
patent is not, however, due for payment before thr ee months have passed from the date 
when the patent was granted, or, if the patent owner within the proper time limit has, at the European Patent Office , requested unitary effect referred to in Article 80, third Paragraph , 
but the request has been rejected , from the date when the decision on the rejection obtained 
legal effect.  
 This Article does not apply to European patents referred to in Article 80, third Paragraph.  
(Act 2016:727).  
 
Article 87. A European patent application for which the European Patent Office has 
accorded a filing date, shall in Sweden have the same effect as a Swedish patent application 
with the same filing date. If the application enjoys, under  the European Patent Convention,  
priority from an earlier date than the filing date, such priority shall be taken into consideration.  
 For the purposes of the application of Article 2, second Paragraph, second sentence, the 
publication of a European patent application pursuant to Article 93 of the European Patent 
Convention shall be equivalent to the application being made available to the public 
pursuant to Article 22. This applies also to any publication referred to in Articles 153.3 or 
153.4 of the Convention if this publication by the European Patent Office is considered as 
equivalent to a publication pursuant to Article 93. (Act 2007:516).  
 Article 88. If a European patent application has been published pursuant to the European 
Patent Convention and a translation into Swedish of the patent claims as worded when 
published has been filed at  the Patent Authority  and the prescribed fee has been paid , the 
Patent Authority shall publish an announcement to this effect and make the translation 
available to anyone.  
 If someone commercially exploits an invention for which patent protection is sought in a 
European patent application after the announcement pursuant to the first Paragraph has 
been published, the provisions concerning patent infringement shall apply mutatis mutandis  if 
the application results in a patent for Sweden. In such a case, the pate nt protection shall, 
however, extend only to what emerges from both the patent claims as worded when 
published and the claims according to the patent. Punishment shall not be imposed and compensation for damages may only be determined pursuant to Article 5 8, second 
Paragraph.  
 
The provisions of Article 58, third Paragraph, do not apply if the action for compensation is 
brought  at the latest one year after the time for opposition against the European patent 
expired, or, if an opposition has been filed, at the latest one year after the decision by the European Patent Office to maintain the patent. (Act 1980:105).  
 Article 89.  If a European patent application or a clai m that such an application shall 
designate Sweden has been withdrawn or if , under the European Patent Convention,  such a 
withdrawal shall be deemed to have been made, and the processing of the application has  43 
not been resumed pursuant to A rticle 121 of the  Convention, this shall have the same effect 
as a withdrawal of a patent application at the Patent Authority.  
 
If a European patent application has been rejected, this shall have the same effect as a 
rejection of a patent application in this country.  
 Article 90.  If a text has been translated and filed at the Patent Authority pursuant to Article 
82 or 88, the wording of the text in the language of the proceedings before the European Patent Office is the authentic one.  
 When a translation referred to in the  first Paragraph is made available by the Patent 
Authority, it shall be evident that the wording of the language of the proceedings at the European Patent Office is the authentic  one. (Act 2014:434)  
 Article 91.  (Repealed through Act 2014:434)  
 Article 92. If the European Patent Office has decided to limit or to revoke, wholly or in 
part, a European patent or if , in respect of a European patent application, circums tances  
referred to in Article 89  have occurred , but the European Patent Office decl ares that, under 
the European Patent Convention, the patent holder or the applicant shall be granted restitutio 
in integrum , this appl ies also in Sweden.  
 If anyone, after the decision was issued  or the circumstances occurred, but before the 
European Patent Office published an announcement concerning the declaration referred to in the first Paragraph, has, in good faith, commenced the commercial exploitation of the 
invention in Sweden, or made sub stantial preparations therefore, he or she shall enjoy the 
right referred to  in Article 74, second and third Paragraphs.  
 If the European Patent Office has set aside a decision pursuant to Article 112 a of the 
European Patent Convention, the decision on the setting aside appl ies also in Sweden. If a 
European patent has become valid in Sweden after the European Patent Office has decided to set aside a decision, the provisions of the second Paragraph apply, if the exploitation 
commenced or preparations were m ade before the announcement of the decision on the 
setting aside was published. The corresponding applies  if the patent protection for a 
European patent with validity in Sweden has been extended after the European Patent 
Office has decided the setting asid e of a decision. (Act 2007:516).  
 Article 93. If a European patent application filed at a national Patent Authority is deemed to 
be withdrawn because the European Patent Office did not receiv e it within the prescribed 
time, the Patent Authority shall, pursuant to a request  by the applicant, take up the 
application for processing as converted into an application for a Swedish patent, provided 
 
1. that the request  is filed at the National Authority receiv ing the patent applicati on 
within three months from the point in time when the applicant was notified that the 
application was deemed to be withdrawn and, furthermore, is received by the Patent 
Authority within 20 months from the date of filing of the application or, if priority is claimed, the date from which priority is claimed,  and  44 
2. that the applicant pays, within the time determined by the Government, the 
prescribed application fee and files a translation into Swedish or English of the 
patent application, or, if the application is drawn up in English, a copy of the application.  
 
If the patent application fulfi ls the requirements  in respect of the form o f the application 
prescribed in the European Patent Convention and its Implementing Regulations, it shall be accepted in this respect . (Act 2014:289) . 
 Article 93 a.  (Enters into force on the date determined by the Government). The Agreement on a 
Unitary Patent Court contains provision s on a Court competent for processing  disputes 
relating to European patents. (Act 2014:434).  
 Article 93 b  (Enters into force on the date determined by the Government). The Government shall 
compensate damage s in accordance wit h Articles 22.1 and 22.2 in the Agreement referred to 
in Article 93 a. (Act 2014:434). 
 
Chapter 12. Pled ge. 
 Article 94.  (Ceases to apply on the date determined by the Government).  Patents which have been 
granted or which have effect in this country may be pledged pursuant to the provisions in this 
Chapter.  
 Pledges may also concern  
 
1. a Swedish patent application,  
2. an international patent application pursued under Article 31 or taken up for processing 
in accordance with Article 33, th ird Paragraph, or Article 38, or  
3. a European patent application of which a translation pursuant to Article 88 has been 
received by the Patent Authority or which has been converted under Article 93.  
A pledge in a patent application also extends to a part of the application that becomes the 
subject of a division or a breaking out.  (Act 1987:1330).  
 
Article 94.  (Enters into force on the date determined by the Government ). A patent which has been 
granted or which has effect in Sweden may be pledged pursuant to the provisions in this Chapter. However, in re spect of European patents referred to in Article 80, third Paragraph,  
Articles 95, first and second Paragraph s, 96, first and third Paragraphs, 97, first and third 
Paragraph s, and 99, 100 and 104 do not apply.  
 A pledge may also concern  
 
1. a Swedish patent application,   45 
2. an international patent application which has been pursued under Article 31 or which 
has been taken up for  processing in accordance with A rticle 33, third Paragraph, or 
Article 38, or  
3. a European patent application of which a translation pursuant to Article 88 has been 
received by the Patent Authority or which has been converted under Article 9 3. 
Pledge in a patent application also extends to a part of the application which becomes the 
subject of a division or a breaking out. (Act 2014:434).  
 
Article 94 a.  (Enters into force on the date determined by the Government). If the European Patent 
Office  in the European Register of Patents records a written agreement on a pledge in a 
European patent referred to in Article 80, third Paragraph, the pledge has effect in conformity 
with the provisions in this Chapter.  
 In respect of European patents with unit ary effect, the provisions in  
- Articles 95, third Paragraph, and 102, first Paragraph, about the Patent Authority 
refer instead to the European Patent Office,  
- Article 96, second Paragraph, about the Register of Patents refer instead to the 
European Registe r of Patents, and  
- Article 101, first Paragraph , about registration pursuant to Article 95 refer instead to 
registration in the European  Register of Patents. (Act 2014:434).  
 Article 95.  A pledge of a patent or a patent application comes into being by registration of a 
written contract pledging the property. The application for registration shall be filed at the 
Patent Authority.  
 If a registered pledge has been transferred to another par ty, this fact shall, upon request, be 
recorded in the Register of Patents or the Diary of Patent Applications.  
  
If a pledge has been granted to several parties individually, precedence shall be given to the grant for which the application for registration was first received by the Patent Authority, unless 
otherwise agreed.  
 If applications for registration of several pledges are filed on the same day, precedence shall be 
given to them in accordance with the chronological order in which they too k place , unless 
otherwise agreed. If the contracts are simultaneous or it cannot  be determined in which 
chronological order  they took place , they shall have the same right. (Act 1987:1330).  
 Article 96.  An application for registration under  Article 95 shall be filed  by the party having the 
right to the patent or the patent application or by the party to whom a pledge has been granted. The applicant shall prove the right of the pledger to the patent or the patent application.  
 The holder  of the patent recorded in the Register of Patents shall be deemed to have the right 
to the patent unless otherwise is shown in the case.  If the application for registration relates to a 
pledge of a patent application, the party  registered as the inventor or his assignee shall be 
deemed to have the right to the patent application, unless otherwise is shown in the case . 
  46 
If, when the application for registration is filed, the pledger is not qualified to dispose of the 
pledged property due to distraint, bankr uptcy, legal incapacity, impounding , sequestration or for 
some other reason, the application must not be approved. (Act 1987:1330).  
 
Article 97.  A contract whereby a patent is pledged may be recorded  when the patent has been 
granted or, if the contract rel ates to a European patent, when it has come into effect in this 
country pursuant to Article 82.  
 A contract whereby  a patent application is pledged may be re corded  when the patent 
application has been recorded in the Diary at the Patent Authority, or, if t he contract relates  to a 
European patent application, when an announcement under Article 88 has been published . 
 If a pledged patent application results in the granting of a patent, the patent shall thereafter 
constitute the pledged property. (Act 1987:1330).  
 Article 98.  Even if a registration has been carried out , the pledge in the pledged property only 
applies if the contract was concluded by a party  which was the pro per owner of the property 
and entitled to dispose of it  and if the contract is n ot invalid for any other reason. (Act 
1987:1330).  
 
Article 99.  The pledge becomes invalid if the patent or the patent application has been 
transferred to another party or is otherwise no  longer  valid due to the provisions of this Act. 
(Act 1987:1330).  
 Article 100.  The re gistration  shall be removed from the files if the pledge, through a judgment 
which has gained legal force has been declared invalid or if the pledge has lapsed or otherwise 
has ceased to be valid. (Act 1987:1330).  
 Article 101 . The pledg e of a patent or a patent application has effect from the time of the 
application for registration  under Article 95 against anyone else who later acquires ownership 
of, or any other right in, the property.  
 A licence agreement is valid against the pledgee if the agreement was concluded before the 
application for registration of the pledge contract . (Act 19 87:1330).  
 Article 102.  The provisions in other laws concerning pledges upon distraint or upon 
bankruptcy also apply to pledges of patents or patent applications. The receipt by the Patent Authority of an application for registration under Article 95 has the same legal effects as when a 
pledgee t akes possession of a movable object.  
 If a pledged patent or a patent application is being sold upon distraint or bankruptcy, licence 
agreements referred to in Article 101, second Paragraph, remain in force.  (Act 1987:1330).  
 Article 103.  The pledgee may sell the pledge and obtain his claim from the proceeds only if he 
has previously informed the debtor and other known interested parties about the sale and they 
have been given sufficient opportunity to look after their interests.  
  47 
After a sale pursuant to this Article, license agreements referred to in Article 101, second 
Paragraph, remain in force. (Act 1987:1330).  
 Article 104.  Anyone who applies for registration pursuant to this Chapter shall pay a fee. The 
Government establishes  the amo unt of the fee. (Act 1987:1330).  
 
Chapter 13. Supplementary Protection.  
 Article 105.  (Ceases to apply on the date determined by the Government).  A party which applies for 
supplementary protection or extension of the period for a supplementary protection pursuant to Council Regulation (EEC) No 1768/92 of 18 June 1992 on the creation of a supplementary 
protection certificate for medicinal products or for supplementary protection pursuant to Regulation (EC) No 1610/96 of  the European Parliament and of the Council of 23 Ju ly 1996 
concerning the creation of a supplementary protection certificate for plant protection products shall pay a fixed application fee. (Act 20 07:242). 
 Furthermore, an  annual fee shall be paid for the supplementary protection. The fee year is 
computed from the date when the protection commenced to be valid and thereafter from the corresponding date. (Act 2007: 242).  
 Article 105 . (Enters into force on the date determined by the Government). A party which applies for 
supplementary protection or extension of the period for supplementary protection pursuant to Regulation (EC) No 469/2009 of the European Parliament and of the Council o f 6 May 2009 
concerning the supplementary protection certificate for medicinal products, or for supplementary protection pursuant to Regulation (EC) No 1610/96 of the European 
Parliament and of the Council of 23 Ju ly 1996 concerning the creation of a suppl ementary 
protection certificate for plant protection products shall pay a fixed application fee.  
 
An annual fee shall be paid for the supplementary protection. The fee year is computed from 
the date when the protection commenced to be valid and thereafter from the corresponding 
date. (Act 2014:434).  
 Article 106 . The provisions in C hapter 9 on liability shall apply to supplementary protection. 
(Act 1994:1511)  
 
Articles 10 7 to 114.  (Repealed through Act 1994:1511).    
 Entry Into Force and Transitional Provisions. ((Not translated )