SWEDEN Law and Practice Contributed by: Håkan Borgenhäll, Malin Malm Waerme, Åsa Hellstadius and Arvid Axelryd, Advokatfirman Vinge KB
ent engineer who possesses knowledge of the area in question for the relevant invention. This part of the examination leads either to a techni- cal order or to a final order. In a technical order, the applicant is given the opportunity to address any impediments towards the grant of the pat- ent that the examiner has identified. If the PRV considers that a patent can be granted, a final order is issued whereby the applicant is given the opportunity to perform minor adjustments and review the application documents. After the applicant has paid a basic fee for publication, the PRV publishes its decision and the patent is thereby deemed to be granted. A final decision concerning the rejection of the application is taken by the technical adminis- trator in consultation with a separate and expe- rienced patent expert. A decision to reject an application can be appealed to the Patent and Market Court. Certain information in an application becomes public as a result of the filing of the application (eg, the applicant’s name). Other information becomes public within a period of 18 months from the date of filing or the priority date or, alternatively, in connection with the grant of the patent if this occurs earlier and the applicant has not requested that the PRV postpones the grant. If the application is rejected, withdrawn or dis- continued prior to the expiry of the 18-month period, it is not published. Accordingly, the applicant can withdraw the application during the prosecution phase if they believe that the patent will not be granted and wish to keep the invention secret. Trade Secrets Information regarding an invention can also be protected as a trade secret. There is no registra- tion procedure regarding trade secrets; instead,
protection is acquired automatically, provided that certain criteria are fulfilled (see 1.1 Types of Intellectual Property Rights ). 1.3 Timeline for Grant Procedure If an application meets the formal requirements, then the PRV will issue a technical, or final, notice within approximately seven months. The time limits for a final decision vary, depending on whether or not there is an obstacle to granting the patent. The final decision is generally ren- dered within two years from the filing date. There is no requirement, according to Swedish law, concerning representation (authorised or other) for a patent applicant. However, statistics show that applications by professional patent attorneys are granted to a much higher extent. The average application costs to grant a national patent are relatively low. The general applica- tion fee is SEK3,000 and the publication fee is SEK2,500. Additional fees may apply; eg, if the sought patent has more than ten patent claims. The average costs in addition to the formal fees amount to approximately SEK40,000. 1.4 Term of Each Intellectual Property Right A patent remains in force for a maximum term of 20 years from the application date. However, medicinal and plant protection products can be granted an extended term of protection for a maximum of five years. Also, medical prod- ucts authorised for the treatment of children may be granted an additional protection term of six months (5.5 years in total). If an invention is protected as a trade secret, it will remain protected for as long as it fulfils the requirements for being a trade secret.
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