Guide for Swedish Patent Application Process

Sweden Profile

Sweden, officially the Kingdom of Sweden, is located on the Scandinavian Peninsula in Northern Europe. Sweden shares borders with Norway and Finland, has maritime borders with Latvia and Lithuania, and is connected to Denmark by bridges and tunnels. Today, Sweden is a constitutional monarchy with a parliamentary democracy and a highly developed economy. Sweden has the eighth highest per capita income in the world. The capital and largest city of Sweden is Stockholm.

Swedish Intellectual Property Legal System

"Patent Law"
"trademark law"
"Design Protection Act"
Literary and Artistic Works Copyright Protection Law
The Plant Breeders Bill of Rights
Patent Court of Appeal Act
The Act to Protect the Topology of Semiconductor Products
"Utility Model Protection Law"
"Invention Patent Protection Law"

International Organization/Agreement

Trademark Law Treaty
Singapore Treaty on the Law of Trademarks
WIPO Copyright Treaty
WIPO Performances and Phonograms Treaty
Patent Law Treaty
Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
Patent Cooperation Treaty
The Strasbourg Agreement on the International Patent Classification
Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
Locarno Agreement Establishing an International Classification for Industrial Designs
"Convention Establishing the World Intellectual Property Organization"
Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
Madrid Agreement for the Repression of False or Deceptive Indications of Origin of Goods
Berne Convention for the Protection of Literary and Artistic Works
Paris Convention for the Protection of Industrial Property

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Filing Language

Swedish

English

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Swedish Patent and Registration Office

English: The Swedish Patent and Registraion Office, PRV

Website: www.prv.se

Swedish Invention Patent Search: Swedish Patent Database, Search (prv.se)

Document Requirements

Filing Language: Swedish/English

via Paris Convention

via Nationalization of PCT

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Attachments (if any)

Sequence Listing (PDF format and TXT format)
Deposited Receipt of Microorganism and Swedish Translation
Viability Statement of Microorganism and Swedish Translation
Power of Attorney
Certified Priority Document
Declaration of Ownership/Certification of Employment/Assignment of Priority
Assignment for Patent Right Transfer
Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

WIPO Publication
ISR/IPRP
Amendments under Art. 19/34/28/41 at the time of the national phase entry
Sequence Listing (PDF format and TXT format)
Deposited Receipt of Microorganism and Swedish Translation
Viability Statement of Microorganism and Swedish Translation
Declaration of Ownership/Certification of Employment/Assignment of Priority
Assignment for Patent Right Transfer
Power of Attorney

Term of Protection

20 years, and the protection of pesticide or pharmaceutical patents can be extended to 25 years.

Due Date

via Paris Convention : 12 months from the earliest priority date and 14 months at the latest.
via Nationalization of PCT : 31 months from earliest priority date.
via Validation of European Patent in EPO member states: 3 months from the date of European patent grant.

Application Process Flow

PRV conducts formality examination and substantive examination for invention patent applications. The formality examination lasts for about 4 months, and the substantive examination does not need to be filed by the applicant separately and the examination is conducted automatically. After the actual examination is over, the applicant will receive the final notice.

Novelty Grace Period

None

Grant Average time

2 years

Grant and Annuity

Grant fee: The applicant needs to pay the grant fee within 2 months from the date of issuance of the grant notice. If it is overdue, it can resume after paying the penalty within a grace period of 4 months.
Annuity:
- via Paris Convention: the annuity shall be paid year by year from the 3rd year from the filing date, and the applicant shall pay all the annuity starting from the 3rd year from the filing date after grant, and shall pay on the last day of the month in which the filing date is located.
- National Phase of PCT: Annuity should be paid starting from the international filing date. The due date of the annuity for the first three years is the last day of the month of the second anniversary of the international filing date, and it shall be paid at the same time when entering the national phase; if the time of entering the national phase is before the above deadline, it shall be paid within 2 months after entry. Subsequent annuity shall be paid by the last day of the month in which the international filing date falls each year. The annuity can be paid within a grace period of 6 months after the due date at the latest, and 20% of the annuity of the current year is required to be paid as a penalty.

Restoration of Priority

Yes. Patent Office accepts "due care" requests for restoration of the right of priority.

DAS

Yes

Conversion

外观设计申请流程 Design

Name of Patent Office

Swedish Patent and Registration Office

English: The Swedish Patent and Registraion Office (PRV)

Website: www.prv.se

Swedish Design Patent Search: Swedish Design Database (prv.se)

Document Requirements

Filing Language: Swedish/English

Necessary documents:

Pictures/Photos of Design (6-sided views)
A Brief Description

Attachments (if any):

Power of Attorney
Certified Priority Document
Declaration of Ownership/Certification of Employment/Assignment of Priority
Assignment for Patent Right Transfer

Term of Protection

5 years, renewable 4 times, 5 years each time, up to 25 years of protection.

Due Date

via Paris Convention : 6 months from earliest priority date.
via EU Community Design: 6 months from the earliest priority date.
via Hague System: 6 months from earliest priority date.

Application Process Flow

PRV only conducts formality examination for design application. After the design is officially submitted to the PRV, no modification or addition of other designs is allowed. An applicant may request a deferment of publication for up to 6 months from the filing date/priority date, and this request must be made at the same time as the new application is filed.

Novelty Grace Period

If the design is disclosed by the designer or his representative within 12 months before the filing date, the design will not lose its novelty.

Grant and Annuity

Grant Fee: None.
Annuity: Renewal fee is paid every 5 years. Overdue annuity can be postponed at the latest within a grace period of 6 months after the due date, and 20% of the annuity of the current year is required to be paid as a penalty.

Grant Average time

16-18 months

Conversion

DAS

Multiple Designs

Several designs may be included in one Swedish design application, provided they belong to the same class in the International Design Classification. Otherwise, separate applications must be filed for each category.

发明专利、实用新型及外观设计进入国家申请流程