WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SWE/P/1/Add.2 
3 January 2006 
 (06-0010) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/ 
 inglés 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS  
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
SWEDEN 
 
Addendum  
 
 The present documen t reproduces the text1 of the following laws and regulations, as notified by Sweden under 
Article 63.2 of the Agreement (see document IP/N/1/SWE/1/Add.1): 
 Page  
- Act of 1 April 2004 (No. 2004:159, Amending the Patents Act (1967:837)  2 
- Regulation of 1 April 2004 (No. 2004:162, Am ending the Patents Decree (1967:838)  9 
- Act of 1 April 2004 (2004:161), Amending the Act (2000:1158) Amending the Pa tents Act (1967:837) 13 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMEN TATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE  
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SUÈDE 
 
Addendum  
 
 Le présent document contient le texte1 des lois et réglementations ci-après, notifiées par la Suède au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/1/SWE/1/Add.1): 
 Page  
- Loi du 1er avril 2004 (n° 2004:159) portant modification de la Loi sur les brevets (1967:837) 2 
- Règlement du 1er avril 2004 (n° 2004:162) portant modification du Décret sur les brevets (1967:838) 9 
- Loi du 1er avril 2004 (2004:161) modifiant la Loi (2000:1158)  portant modification de la Loi sur les 
brevets (1967:837) 13 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD  
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 DEL  
ARTÍCULO 63 DEL ACUERDO 
 
SUECIA 
 
Addendum  
 
 En el presente documento se reproduce el texto1 de las siguientes leyes y reglamen tos que Suecia ha notificado en 
virtud del párrafo 2 del artículo 63 del Acue rdo (véase el documento  IP/N/1/SWE/1/Add.1): 
 Página  
- Ley de 1º de abril de 2004 (Nº 2004:159), por la qu e se modifica la Ley de  Patentes (1967:837)  2 
- Reglamento de 1º de abril de 2004 (Nº 2004:162), por el que se modifica el Decreto de Patentes 
(1967:838) 9 
- Ley de 1º de abril de 2004 (2004: 161), por la que se modifica la Le y (2000:1158) que modifica la Ley de 
Patentes (1967:837) 13 
                                                      
 1 In English only./En anglais seulement./En inglés solamente.   IP/N/1/SWE/P/1/Add.2 
Page 2  
 
 The Government Offices                                                     May 2004 
The Ministry of Justice Division for Intellectual Property and Transport Law Henry Olsson  
Act 
of April 1, 2004 (No 2004:159) Amending the Patents Act (1967:837).  
In accordance with the decision by Parliament it is prescribed, as regards the Patents Act (1967:837)  
that Articles 1, 3, 8, 8 a, 22, 25, 45, 46, 49, 52 and 56 shall read as follows, and 
that six new Articles shall be inserted in the Act, number ed 1 a, 1 b, 1 c, 3 a, 3 b and 46 a and reading 
as follows.  
Article 1 
 
Anyone who has made an invention that is susceptib le of industrial applica tion, or anyone to whom 
the rights of the inventor have been assigned, may, pursuant to Ch apters 1 to 10 of this Act, be 
granted a patent for the invention in Sweden and thereby acquire an exclusive right to exploit the 
invention commercially. Provisions concerning European patents are included in Chapter 11.  
As an invention shall never be considered what is solely 
1. a discovery, scientific theory or mathematical method, 2. an artistic creation, 3. a scheme, rule or method for performing intell ectual activities, for playing games or for doing 
business, or a computer program, 
4. a presentation of information. 
 As an invention shall also not be considered such  a method for surgical or therapeutic treatment, or 
for diagnosing, which is intended for use on humans or animals. A patent may, however, be granted 
for products, including substances and or compositions of substances, for use in methods of this kind. 
 Article 1 a 
 
Patents are not granted on plant and animal variet ies. A patent may, however, be granted for an 
invention which concerns plants or animals, if the technical feasibility of the invention is not confined 
to a particular plant or animal variety. The concept of  a plant variety is defined in Chapter 1, Article 3, 
of the Act on the Protection of Plant Breeders´ Rights (1997:306). 
 Patents are not granted for essentially biological proc esses for the production of plants or animals. As 
an essentially biological process for the production of  plants or animals shall be considered any 
process which in its entirety consis ts of natural phenomena such as crossing or selection. A patent 
may, however, be granted for an invention that  concerns a microbiological process or another 
technical process or a product made by means of such a process. As a microbiological process shall be 
considered any process which is performed on mi crobiological material or through which such 
material is used or is produced.  An invention may be patentable even if it concerns  a product which consists of , or contains, biological 
material or a process through which biological mate rial is produced, processed or used. A biological 
material which is isolated from its natural environm ent, or which is produced by means of a technical 
process, may be the subject of an invention even  if it previously occurred in nature. Biological 
material comprises material that contains genetic information and which is itself capable of reproduction or which may be reproduced in a biological system.  IP/N/1/SWE/P/1/Add.2 
 Page 3 
 
 
  
Article 1 b 
 
The human body at the various stages of its formation and development as well as the simple discovery of one of its elements, including the sequen ce of a gene or a partial sequence of a gene, can 
not constitute a patentable invention.  
 An isolated element of the human body or an elem ent otherwise produced by means  of a technical 
process, including the sequence of a gene or a partia l sequence of a gene, may constitute a patentable 
invention, even if the structure of that elemen t is identical with that of a natural element. 
 
Article 1 c 
 
A patent is not granted for an invention the comme rcial exploitation of which would be contrary to 
public order or morality. 
 
An  exploitation shall not be considered to be cont rary to public order or morality merely because it is 
prohibited by law or other statutes.  For the application of the first Paragraph, the following shall, inter alia , be considered to be contrary 
to public order or morality, 
1. processes for cloning human beings, 
2. processes for modifying the germ line genetic identity of human beings, 3. uses of human embryos for industrial or commercial purposes. 4. such processes for modifying the genetic identity of animals which are likely to cause them 
suffering without any substantial me dical benefit to man or animal. 
 
The provisions of the third Paragraph, item 4, c oncerning processes for modifying the genetic identity 
of animals apply, mutatis mutandis,  to animals which are produced by means of such a process. 
 
Article 3 
 
The exclusive right conferred by a patent implies, wi th the exceptions stated be low, that no one may, 
without the consent of the holder of the patent, exploit the invention by 1. making, offering for sale, putting on the market  or using a product protected by the patent or 
importing or possessing such a product for any of these purposes, 2. making use of a process protected by the patent, or, where he or she knows, or it is obvious from 
the circumstances, that the process may not 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 making use of a product that has been produced by a process 
protected by the patent or importing or possessing the product for 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 a pers on who has no right to exploit the invention, such 
means for carrying out the invention which relate to an essential element of the invention, if the 
person who offers or supplies  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 are a staple 
commercial product, this applies only if the person offering or supplying the means attempts to induce 
the receiver to commit acts referred to in the first Paragraph. For the application of the provisions of 
this Paragraph, the person making use of the invent ion in the way referred to in the third Paragraph, 
items 1, 3 or 4, shall not be regarded as having the right to exploit the invention.  IP/N/1/SWE/P/1/Add.2 
Page 4  
 
 From the exclusive right are exempted 
1. acts of exploitation which are not commercial, 2. acts of exploitation of a product protected by a pa tent which has been put on the market within the 
European Economic Area by the holder of the patent or with his or her consent; as regards biological 
material this applies also to acts of exploitation in the form of propagation or multiplication when the 
propagation or multiplication is a necessary step in th e use for which the biological material has been 
put on the market, on condition that the product obtained is not subsequently used for further propagation or multiplication. 3. acts of exploitation of an invention for experiments  concerning the invention itself, 4. preparations in a pharmacy of a medicine in  accordance with prescriptions by physicians in 
individual cases, or acts relating to medicines prepared in such cases. 
 
Article 3 a 
 
The protection conferred by a patent on a biological  material possessing specific characteristics as a 
result of the invention shall extend to any biological  material derived from th at biological material 
through the propagation or multiplication in an iden tical or divergent form and possessing those  same 
characteristics.  The protection conferred by a patent on a process th at enables a biological material to be produced 
possessing specific characteristics a result of the i nvention, shall extend to, in addition to the 
biological material possessing those characteristics which is directly obtained by this process, any 
other biological material in identical or dive rgent form possessing  those same characteristics and 
obtained through propagation or multiplication fro m the biological material first produced. 
 The exclusive right conferred by a patent on a produ ct containing or consisti ng of genetic information 
shall, with the exception of such  that can not, according to Article  1 b, constitute a patentable 
invention, extend to all material in which the product is incorporated and in which the genetic 
information is contained and performs its function.  
Article 3 b 
 Where the holder of the patent or someone with hi s or her consent assigns plant propagating material 
to a farmer for agricultural use, the farmer may, by way of derogation from Articles 3 and 3 a, use the 
product of his or her harvest for propagation or multip lication in his or her own  farm. The extent of, 
and the conditions for, this exception from the exclusiv e right of the holder of the patent are contained 
in Article 14 of the Regulation (EC) nr 2100/94, of July 27, 1994 on the Community Plant Breeders´ 
Right and the Implementing Provisions issued on the basis of that Article. 
 Where the holder  of the patent or someone with his or her consent assigns breeding stock or other 
animal reproductive material to a farmer, the farm er may, by way of derogation from Articles 3 and 3 
a, use the livestock or other animal reproductive ma terial for agricultural purposes within his or her 
agricultural activity. The farmer may, however, not  sell protected breeding stock or other material 
within the framework or for the purpo se of a commercial reproduction activity. 
 The right of the farmer under the second Paragraph must not be exercised to an extent wider than what is reasonable taking into account the needs of the farmer and the interests of the holder of the 
patent. 
  IP/N/1/SWE/P/1/Add.2 
 Page 5 
 
 
 Article 8 
 
An application for a patent shall be made in writing and be filed with the Pate nt Authority or, in cases 
referred to in Chapter 3,  with a Patent Author ity in a foreign State or with an International 
Organization. 
 
The application shall contain a description of the i nvention, comprising also drawings if such are 
needed, and distinct statements about what is sought to be protected by the patent (patent claim). The 
fact that the invention relates to a chemical co mpound does not imply that a specified use must be 
disclosed in the patent claim. The application  sha ll contain a statement as to how the invention can be 
industrially exploited, if that does not follow from the character of the invention. However, if the 
invention concerns a gene sequence or a partial sequence of a gene, the application shall always 
indicate how the invention can be applied industrially.  The description shall be sufficiently clear so as 
to enable a person skilled in the art to carry out th e invention with the guidance thereof. An invention 
that relates to a biological material, or implies the us e of such a material, shall, in the cases referred to 
in Article 8 a, be deemed to be sufficiently clear ly indicated only where also the conditions in that 
Article are fulfilled.  The application shall also contain an abstract of th e description and the patent claims. The abstract is 
intended only to give technical information about th e contents of the patent application and may not 
be taken into account for any other purpose. 
 
The name of the inventor shall be stated in the ap plication. Where a patent is applied for by someone 
other than the inventor, the applicant sha ll prove his or her title to the invention. 
 The applicant shall pay an application fee. For the application, an annual fee shall also be paid for 
each fee year which commences before the a pplication has been finally decided on. 
 A fee year according to this Act comprises one y ear and is calculated from the  date when the 
application was filed or shall be  deemed to have been filed, and thereafter from the corresponding 
date according to the calendar.  Article 8 a  
 
If an invention concerns a biological material whic h is neither available to the public nor can be 
described in the application documents in such a wa y as to enable a person skilled in the art to carry 
out the invention with the guidance of those, or if the invention implies the use of such a material, the 
biological material shall be deposited no later than  the date of the filing of the application. The 
biological material shall thereafter be continuously kept on deposit so that anyone who under this Act 
is entitled to receive samples of the material can obtain the sample de livered in Sweden. The 
Government shall prescribe where deposits may be made.  If a deposited biological material ceased to be viab le or if samples from of the material can not for 
other reasons be supplied, the material may be replaced by a new deposit of the same biological 
material within the time and in the manner specifi ed by the Government. Where this has been done, 
the new deposit shall be deemed as having been ma de already on the  date when the earlier deposit 
was made.  IP/N/1/SWE/P/1/Add.2 
Page 6  
 
 Article 22 
 
From the day when the patent is granted, the docum ents in the case shall be made available to anyone. 
 After eighteen months from the date when the pate nt application was filed or, where priority is 
claimed, the date from which priority is claimed, th e documents shall, if they have not already been 
made available according to the first Paragraph, be made available to anyone. If, however, the 
application has been dismissed or rejected, the appli cation shall be made available to the public only if 
the applicant requests the application to be resume d, or lodges an appeal or makes a petition pursuant 
to Article 72 or 73.  
 
At the request of the applicant, the documents sha ll be made available earlier than what follows from 
the first and second Paragraphs.  When the documents become availa ble pursuant to the second or third Paragraph, this fact shall be 
announced. 
 If a document contains a business secret  and if that does not concern an invention for which a patent is sought or has been granted, the Patent Authorit y may, upon request and if there are special reasons 
for this, order that the document shall not be deliv ered. If such a request has been made, the document 
may not be delivered until the request has been refu sed through a decision that has gained legal force. 
 
If a biological material has been deposited pursuan t to Article 8 a, anyone has, subject to the 
limitations prescribed in this and the following Paragr aphs, the right to obtain a sample of the material 
after the documents have been made available to  the public according to the first, second or third 
Paragraph. This applies regardless of whether the pa tent has expired or is invalidated. A sample may 
not be delivered to anyone who, pursuant to provisio ns in law or other statute, is not entitled to handle 
the deposited material. Furthermore, a sample may not be delivered to anyone whose handling of the 
sample may be assumed to involve a evident risk in view of the  harmful properties of the material. 
 Until the patent has been granted or the patent a pplication has been finally decided on without having 
resulted in a patent, samples from a deposit may be de livered 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 day when the application w as filed. The Government prescribes the time within 
which a request may be made and who may be calle d upon as an expert by a person wishing to obtain 
a sample.  
Anyone who wants to obtain a sample shall make a written request in this respect to the Patent 
Authority and file a commitment with the contents as 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.  
Article 25 
 
The Patent Authority shall, after an oppositi on has been filed, revoke the patent, if it 
1. has been granted despite the fact that the conditions under Articles 1–2 have not been fulfilled, 
2. concerns an invention which has not been clearly disclosed so that a person skilled in the art is able 
to carry out the invention with th e guidance of the description, or 
3. covers something that did not emerge  from the application when it was made. 
 The Patent Authority shall reject the opposition if th ere is not, according to the first Paragraph, any 
obstacle to maintaining the patent.   IP/N/1/SWE/P/1/Add.2 
 Page 7 
 
 
 If the holder of the patent has, in the course of th e opposition procedure, made such amendments that 
there is no obstacle, according to the first Paragraph,  to maintaining the patent as amended, the Patent 
Authority shall declare that the patent is maintained as amended.  When the decision by the Patent Authority relating to an opposition has gained legal force, it shall be 
announced. If the decision implies that the patent is  amended, a new patent document shall be kept 
available at the Patent Authority and new letters patent be issued.  
 Article 45 
 A compulsory license for the use of an i nvention in Sweden may be granted if 
1. three years have expired from the granting of the patent and four years from the filing of the patent 
application, 2. the invention is not used to a reasonable extent in Sweden, and 3. there is no acceptable reason for the non-use of the invention. 
 
For the purposes of the application of the first Pa ragraph, item 2, use of an invention equals 
importation of the invention to Sweden from a State within the European Economic Area or a State 
which is party to, or a territory which is me mber of, the World Trade Organization (WTO). 
 
Article 46 
 
A holder of a patent for an invention of which th e exploitation is depending on a patent which belongs 
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 significant technical progress of consider able economic interest compared with the other 
invention. 
 If a compulsory license is issued in  accordance with the first Paragraph, the holder of the patent for 
which a compulsory license has been granted is  entitled to obtain, on reasonable conditions, a 
compulsory license (cross-license) to exploit the other invention. 
 Article 46 a. 
 
A plant breeder who can not obtain or exploit a plant breeders´ right without infringing a prior patent, may obtain a compulsory license to exploit the invention which is protected by the patent, inasmuch as such a license is necessary for th e plant variety to be exploited. Such a license may be granted only 
if the applicant proves that the plant variety constitu tes a significant technical progress of considerable 
economic interest compared with the invention.  If a holder of a patent obtains a compulsory license in a plant breeders´ right, the holder of the plant breeders´ right is entitled to obtain, on reasonable conditions, a compulsory license (cross-license) to 
exploit the invention of the holder of the patent. 
 
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 Breeders´ Rights (1997:306).  Article 49 
 
A compulsory license may be granted only to a pers on who can be assumed to exploit the invention in 
an acceptable manner and in accordance with the license.  The applicant must also prove that he or she 
has unsuccessfully turned  to the patent holder to obtain a contractual license on reasonable conditions. IP/N/1/SWE/P/1/Add.2 
Page 8  
 
  
A compulsory license does not prevent the patent  holder from exploiting himself or herself the 
invention or to grant licenses. A compulsory li cense may be assigned to someone else only together 
with a business where it is exploited or intended to  be exploited. In respect of such compulsory 
licenses as mentioned in Article 46, first Paragraph, and Article 46 a, first Paragraph, also applies that 
the license may be assigned only together with the pa tent or the plant breeders´ right to which  the 
license applies.  
Article 52 
 If a claim to this effect is made, the Court shall invalidate a patent if 
1. it has been granted despite the fact that the requirements under Articles 1–2 are not fulfilled, 
2. it concerns an invention which is not disclosed in a manner sufficiently clear for a person skilled in 
the art to carry out the invention w ith the guidance of the description, 
3. it contains something that did not appear from the application as filed, or 
4. the scope of the patent protection has b een extended after the granting of the patent. 
 A patent must not be invalidated on the ground that  the person who has been granted the patent is 
entitled only to a certain part of it.  Except in cases as provided for in the fourth Paragra ph, a court action may be brought by anyone to 
whom the patent exposes a detriment and, where this  is called for in the public interest, by a public 
authority designated by the Government.  An action based on the ground that the patent has b een granted to someone else than the one who is 
entitled to the patent under Article 1, may only be brought by the one who claims to be entitled to the 
patent. The action shall be brought within one year after the person who claims to be entitled obtained 
knowledge of the grant of the patent and of other f acts on which the action is founded. If the holder of 
the patent was in good faith when the patent was gr anted or when it was assigned to him or her, the 
action may, however, be brought no later than three years from the grant of the patent.  
Article 56 
 
If a patent applicant invokes his or her 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 docum ents. If the patent application includes such a 
deposit of biological material as referred to in Article 8 a, the consent shall also encompass the right 
to obtain a sample of the material. The provisions of Article 22, sixth Paragraph, third and fourth 
sentences, and seventh and eighth Paragraphs appl y when a person wants to obtain a sample on the 
basis of such a consent.  Anyone who indicates, either by addressing himself or herself directly to another party, or in an advertisement, or by inscription on a product or its p ackaging, or in any other way, that a patent has 
been applied for, or granted, without at the same time indicating the number of the application or the 
patent, shall be obliged to provide, upon request, th e said information without delay. If it has not been 
stated expressly that a patent has been applied fo r, or granted, but the circumstances are liable to 
create the impression that such is the case, then, upon request, information shall be given without 
delay as to whether a patent has been applied for or granted. 
-------------- 
 1. This Act enters into force on May 1, 2004. 2. The new provisions apply also to patents which ha ve been granted or applied for before the entry 
into force.  IP/N/1/SWE/P/1/Add.2 
 Page 9 
 
 
  
 
The Government Offices                                       May 2004 The Ministry of Justice Division for Intellectual Property and Transport Law 
Henry Olsson  
 
Regulation 
of April 1, 2004 (No 2004:162) 
Amending the Patents Decree (1967:838)  
The Government prescribes, as regards the Patents Decree (1967:838), that Sections 2, 17, 17 c, 25, 25 a, 25 b, 25 c and 31 shall read as follows, and 
that a new Section shall be inserted in the Decree, numbered 5 a and reading as follows. 
 
Section 2 
 
A Swedish patent application shall consist of a written communication (the application document) 
with attachments.  
The application document shall be signed by the applicant or his representative and contain 
1. the name and address of the applicant and, if th e applicant is represented by a representative, also 
the name and address of the representative, 2. the name and address of the inventor, 3. a short and factual title of the inve ntion for which a patent is sought,  
4. when a patent is applied for by several persons jointly, an indication of whether any one of them is 
designated to receive communications from the Patent Office, 5. as the case may be, an indication that the applicati on contains such a deposit of biological material 
as referred to in Article 8 a of the Patents Act. 6. an indication about which attachments accompany the application,  
The following shall accompany th e application as attachments 
a.  a description of the invention, including any drawing necessary for clarification of the description, 
patent claims and abstracts, b. if the applicant is represented by a represen tative, a separate power of attorney  for the 
representative except if the power of attorney fo r the representative has been included in the 
application document, 
c. if the invention has been made by someone el se than the applicant, a document which proves the 
right of the applicant.  The application fee prescribed in Artic le 45 shall accompany the application. 
 Section 5 a 
 
If an invention concerns biological material of plant or animal origin or if it uses such material, the 
patent application shall include in formation on the geographical origin of such material, if this is 
known. If the origin is not known, this shall be indicated. 
 
Lack of information on the geographical origin or  on the knowledge of the applicant regarding the 
origin is without prejudice to the processing of th e patent application or the validity of the rights 
arising from a patent granted.  IP/N/1/SWE/P/1/Add.2 
Page 10  
 
 Section 17 
 
The description may contain only what would assist in  the clarification of the invention. Where a 
newly created or otherwise not commonly accepted term  has to be used, the term shall be clarified. 
Designations or units of measurement must not devi ate from what is commonly  used in the Nordic 
States. 
 If a patent application includes such a deposit of biologi cal material as referred to in Article 8 a of the 
Patents Act, the applicant shall, when the application is filed, i ndicate in the documents all such 
information of  importance for the characteristics of  the biological material to which the applicant has 
access. 
 
Section 17 c 
 
A new deposit as referred to sin Article 8 a, second Pa ragraph, of the Patents Act shall be made in 
accordance with what is prescribed in th e Budapest Treaty as regards new deposits. 
 A new deposit shall be made within three months from the day on which the person having made the 
deposit received a notification from the International Depository Authority to the effect that samples 
of the material previously deposited can no longer be made available. If the institution at issue has 
ceased to act as an International Depository Author ity for such biological material which the deposit 
concerned or if it has ceased to meet its obligations  under the Budapest Treaty, and the person having 
made the deposit has not been notified of this within  six months from the publication of this fact by 
the International Bureau, the new deposit may, how ever, be made within nine months from that 
publication.  
The person making the deposit shall within four mont hs from the making of the new deposit file with 
the Patent Office a copy of the receipt which the institution has issued concerning the new deposit. If 
the time assigned under Section 17 b, first or sec ond Paragraph, expires later, the receipt may, 
however, be filed within that assigned time. When the receipt is filed, information shall be given 
about the number of the patent application or the patent to which the deposit refers. 
 Section 25 
 
If the documents in a patent application case are ma de available to the public pursuant to Article 22, 
second or third Paragraph, of the Patents Act before th e patent is granted, the abstract shall be printed 
as soon as its final wording has been established. The Patent Office may print also other parts of the 
application together with the abstract. Anyone may,  against payment of a fee, obtain such a printed 
copy.  An announcement under Article 22, f ourth Paragraph, of the Patent s Act shall contain information 
about the filing number of the application and class, f iling date, running date if this is not the same as 
the filing date, the title of the invention, and name  and address of the applicant and of the inventor. 
Where priority has been claimed,  the announcement shall contain also information about where the 
application referred to has been filed, the date of this application and its filing number. If the 
application includes a deposit of biological material , this shall be mentioned in the announcement. If 
the applicant, pursuant to Article 22, seventh Paragr aph, of the Patents Act has requested that samples 
of material deposited shall be delivered only to a sp ecial expert, also this shall be mentioned in the 
announcement. 
 If a translation of a description and a patent claim in an international patent application has been 
amended within the time limit assigned pursuant to S ection 58 but after the making available to the 
public of the documents in the case, an annou ncement shall be published about this fact.  IP/N/1/SWE/P/1/Add.2 
 Page 11 
 
 
  
Section 25 a 
 
A request pursuant to Article 22, eighth Paragraph,  first sentence, of the Patents Act to obtain a 
sample of a deposit shall be drawn up as prescribed in  Rule 11 of the Implemen ting Regulations to the 
Budapest Treaty. 
 Anyone who wants to obtain a sample shall, in relati on to the patent applicant or the patent holder, 
make a commitment not to, before the patent appli cation has been finally decided on or the patent has 
ceased to be valid, 
1. let anyone else have access to the sample, 
2. use the sample for purposes other than experimental ones.  The commitment shall comprise also biological materi al which has been derived from the sample and 
which has maintained the characteristics of the ma terial deposited which are essential for the use of 
the invention. 
 If the patent applicant or the patent holder expressl y waives the commitment, this does not have to be 
made.  The commitment shall be a ttached to the request. 
 
Section 25 b 
 
A request pursuant to Article 22, seventh Paragraph, of the Patents Act to the effect that samples be 
delivered only to a special expert shall be made  at the latest on the day when the technical 
preparations for the making available to the public of  the patent application are deemed to have been 
finalised.  The Patent Office draws up a list of the persons who have declared themselves willing to undertake 
the task of being a special expert and who are qualified in this respect. A decision about which 
persons are to be included in the list of experts, shall be announced in the way prescribed in Section 
49. 
 If a sample may be delivered only to a special ex pert, the request for a sample shall contain an 
indication about who shall be used as a special e xpert. To the request shall be attached a written 
commitment by the expert in relation to the patent applicant corresponding to the commitment 
prescribed in Section 25 a, second and third Paragraphs . If the request relates to a sample which is to 
be delivered pursuant to Article 22, seventh Para graph, second sentence, of the Patents Act, the 
commitment shall cover 20 years from the day when the patent application was filed.  As a special expert may be engage d only a person who is included in the list or a person who has, in 
the case at issue, been approve d by the patent applicant. 
 
Section 25 c. 
 
The commitments referred to in Sections 25 a and 25 b, do not prevent that biological material 
derived from the sample be deposited for a new patent application, if the material has to be deposited 
for the purpose of the application. A commitment not to  use the sample or materi al derived from it for 
purposes other than experimental ones does not appl y to anyone who has obtained a compulsory 
license to exploit the invention.  IP/N/1/SWE/P/1/Add.2 
Page 12  
 
 Section 31 
 
The printing of a patent document as referred to in Ar ticle 21 of the Patents Act is taken care of by the 
Patent Office and shall commence as soon as possibl e after the applicant has paid the granting fee 
pursuant to Article 19, second Paragraph, of the Patent s Act. In the patent document shall be indicated 
1. the date on which the patent was granted, 
2. the diary number of the patent application and the registration number and the classes of the patent, 3. the name and address of the patent holder, 4. where the patent holder is represented by a representative, the name of the representative, 
5. the name and address of the inventor, 
6. the day when the patent documents were made av ailable to the public pursuant to Article 22 of the 
Patents Act, 7. if the patent is based on a Swedish patent appli cation, an international application or a transformed 
European patent application, 8. whether the patent is based on a Swedish patent application, the filing date of the application and 
the date from which the term of pate nt protection runs, if that is not the same as the filing date of the 
application. 9. if the patent is based on an international pate nt application, the international filing date, the 
international application number and the date wh en the application was pursued in accordance with 
Article 31 of the Patents Act or was receive d pursuant to Article 38 of the same Act, 
10. if the patent is based on a transformed European  patent application, the date when the application 
was filed to be dealt with according to the Europ ean Patent Convention or, as the case may be, the day 
established as filing date for the European patent application, the number of the European patent 
application and the day when it was received  by the Patent Office for transformation, 
11. information about any priority, where the applicat ion from which priority is counted was filed, the 
date of that application, and the number of the application, 
12. the title of the invention, 
13. where the patent application results from a division or detachment, the diary number of the original application, 14. where the patent application relates to a depo sit of biological material, the institution where the 
deposit exists and the number which the institution has given to the deposit, and 
15. publications referred to. 
--------------------------------- 
 This Regulation enters into force on May 1, 2004.  IP/N/1/SWE/P/1/Add.2 
 Page 13 
 
 
 The Government Offices                                            May 2004 
The Ministry of Justice Division for Intellectual Property and Transport Law Henry Olsson 
  
Act  
of April 1, 2004 (No 2004:161) Amending the Act (2000:1158) Amending the Patents Act (1967:837).  
In accordance with the decision by Parliament, it is he reby prescribed that Article 8 of the Patents Act 
(1967:837) shall, instead of its wording accordi ng to the Act (2000:1158) Amending the said Act, 
read as follows.  
Article 8 
 
An application for a patent shall be filed with th e Patent Authority, or, in the case referred to in 
Chapter 3, with the Patent Authority in a forei gn State or with an International Organization. 
 The application shall contain a description of the invention comprising also drawings if such are 
needed, and distinct statements about what is sought to be protected by the patent (patent claims). The 
fact that the invention relates to a chemical co mpound does not imply that a specified use has to be 
indicated in the patent claim. The application shall contain a statement as to how the invention can be 
industrially exploited, if that does not follow from the character of the invention. However, if the 
invention concerns a gene sequence or a partial ge ne sequence, the application shall always indicate 
how the invention can be applied industrially. Th e description shall be sufficiently clear so as to 
enable a person skilled in the art to  carry out the invention with th e guidance thereof. An invention 
that relates to a biological material or which impl ies the use of such material shall, in the cases 
referred to in Article 8 a, be deemed to be suffi ciently clearly indicated only if also the conditions 
under that Article are fulfilled.  The application shall also contain an abstract of th e description and the patent claims. The abstract is 
intended only to give technical information about th e contents of patent application and may not be 
taken into account for any other purpose.   The name of the inventor shall be stated in the ap plication. Where a patent is applied for by someone 
else than the inventor, the applicant shall prove his or her title to the invention. 
 
The applicant shall pay an application fee. For the application, an annual fee shall also be paid for 
each fee year which commences before the a pplication has been finally decided on. 
 A fee year according to this Act comprises one year and is calculated from the day when the 
application was filed or shall be  deemed to have been filed a nd thereafter from the corresponding day 
according to the calendar. 
 
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