1.      GENERAL INTRODUCTION TO THE PATENT ACT OF SWEDEN

The Patent Act of Sweden was issued in 2011, which has undergone a number of amendments since its inception.

Sweden is a member of the Paris Convention for the Protection of Industrial Property, and is a signatory of the Patent Cooperation Treaty (PCT). Furthermore, Sweden is also one of the member countries of European Patent Convention (EPC).

Therefore, foreign enterprises and individuals can apply for a Swedish patent through the Paris Convention and the Patent Cooperation Treaty.

2.      TYPE OF PATENT AND APPLICATION PROCESS

The type of Swedish patent comprises invention and design. According to the Patent Act 2011 of Sweden, the patent administration department carries out a substantive examination to an invention. The duration of the invention patent right shall be 20 years, commencing from the date of application. A design patent application can merely adopt preliminary examination. The duration a design is 5 years, which can be renewed for four times (each time is 5 years), commencing from the date of application.

2.1 Invention Patent

2.1.1 Concept and Description of the Invention Patent

According to the Patent Act 2011, the term “invention” refers to any new technical solution relating to a product, a process or an improvement thereof.

“Product” refers to all kinds of new products manufactured by industrial methods, including items with a certain shape and structure, such as solid, liquid and gas. “Method” refers to the method of processing the raw materials into a variety of products. It is not required that an invention patent can be directly applied to industrial production and technological achievements. It can be a solution or an idea to solve the technical problem, having the possibility of industrial application. However, such technical solution or idea should not be confused with proposing pure conceptions because pure conceptions cannot be applied to industrial applications.

2.1.2 Application Process of an Invention Patent

   Similar to most of the countries, the patent office carries out a substantive examination to an invention, namely, examining the novelty, creativity of the invention patent applications.

 2.1.3 Required Documents for Application

   A. Written description, written claim, written abstract, drawings of written description and drawing of abstract.

   B. Letter of authorization for the application of patent, which is required to be signed by the applicant or stamped (no notarization or certification is required).

   C. Name and address of the applicant, name and address of the inventor, etc.

   Notes: all of the documents must be submitted in Swedish.  

2.2 Design Patent

2.2.1 Concept and Description of the Design Patent

According to the Patent Act 2011, the term “design” refers to any new design of a product’s shape, pattern or a combination thereof, as well as the combination of the color and the shape or pattern of a product, which creates an aesthetic feeling and is fit for industrial application. It is also stipulated that any design for which a patent is granted shall not be attributed to the existing design, and no entity or individual has, before the date of application, filed an application with the patent office on the identical design and recorded it in the patent documents published after the date of application.

2.2.2        Application Process of a Design Patent

Similar to most of the countries, the Patent Office of Sweden carries out a preliminary examination to a design patent application instead of a substantive examination.

2.2.3 Required Documents for Application

   A. Six-side views and three-dimensioned drawing;

   B. Brief description of design patent, including name of product, application and design features, etc.

   C. Letter of authorization for the application of patent, which is required to be signed by the applicant or stamped (no notarization or certification is required).

   D. Name and address of the applicant, name and address of the inventor, etc.

   Notes: all of the documents must be submitted in Swedish.

3.      WHAT SHALL NOT BE GRANTED

According to the Patent Act 2011, no patent right shall be granted to an invention that contravenes any law or social moral or that is detrimental to public interests, and no patent right will be granted to an invention based on genetic resources if the access or utilization of the said genetic resources is in violation of any law or administrative regulation.

According to the Patent Act 2011, for any of the following, no patent right shall be granted:

(1) Scientific discoveries;

(2) Rules and methods for mental activities;

(3) Methods for the diagnosis or for the treatment of diseases;

(4) Animal and plant varieties;

(5) Substances obtained by means of nuclear transformation; and

(6) The design, which is used primarily for the identification of pattern, color or the combination of the two on printed flat works.