全球知识产权保护指南丨瑞典发明专利篇

A Swedish patent can be obtained by filing an application with the PRV or by filing an application under the European Patent Convention (EPC). 

The application can be filed directly or within the framework of the Patent Co-operation Treaty (PCT), designating the European Patent Office or Sweden.

The following is the procedure for filing an application directly with the PRV:

1. Filing the application and paying the filing fee

The application can be filed in Swedish or English. The applicant can file the Swedish patent application through the online service provided by the PRV, but an electronic identification number is required. The applicant also has the option of completing the application form electronically, printing it and signing it and submitting it to PRV.

When filing a patent application, the applicant must pay an application fee. Depending on the circumstances of the application, the filing fee shall include the basic fee, which includes a search fee, as well as additional fees for more than 10 claims.

Upon receipt of the application documents, the PRV will make a record of them and send an acknowledgement to the applicant. The receipt will list the application number assigned to the application.

2. Formal examination

According to the Swedish Patent Act, the date of filing of a patent application is the date on which the following materials are filed with the PRV: 

(1) An explicit or implicit indication that the application is a patent application;

(2) The name and contact details of the applicant;

(3) A specification of the invention, or accompanying drawings relating to the invention.

If this requirement is not met, the PRV will notify the applicant to make corrections within 2 months of his/her filing of the patent application. 

If the applicant fails to correct the materials within the prescribed period, his/her application will be regarded as not filed; conversely, the filing date of his/her patent will be the date on which the applicant has corrected the above materials.

3. Substantive examination

After the application has been accepted, if PRV considers that there are defects in the application documents, it will notify the applicant to provide a reply or make amendments within the prescribed period.

In addition, PRV may make any changes it deems necessary without consulting the applicant.

If the applicant fails to submit comments or take steps to correct the deficiencies within the prescribed period, PRV will reject the application and notify the applicant. 

However, if the applicant submits comments or takes measures to rectify the application within 4 months after the above prescribed period has expired and pays the reinstatement fee, PRV shall reinstate the application.

If, after receiving the applicant's reply, the PRV is still ultimately opposed to the grant of the patent, the application shall be rejected.

4. Authorisation

If the application complies with the requirements, PRV shall notify the applicant that a patent may be granted. Within 2 months from the date of the PRV's notification, the applicant shall pay the authorisation fee.

Furthermore, if the claims are written in English, they shall be translated into Swedish. If the applicant fails to pay the fee and provide a translation within the deadline, his application will not be granted.

However, if the applicant fulfils the above requirements and pays the reinstatement fee within four months after the expiry of the deadline, the PRV shall grant the patent. 

The PRV shall announce its decision to approve the patent application, i.e. to grant a patent.

5. Opposition and revocation

Within nine months from the date of the PRV's announcement of the grant of the patent, any person may file an opposition with the PRV upon payment of the appropriate fee. The grounds for opposition may be based on the grant of the patent only.

The PRV notifies the patent owner of the opposition and the patent owner may submit comments on the opposition.