By the first of January 2025, the new Swedish Patent Act is in force. So, it is goodbye to the 57 years old Patent Act now in the history books. The old Patent Act was updated many times however, now it is time for something completely new, with some further adjustments to the international systems.

Of course, patent law of today is international with ramifications in most international and national systems, hence, the major changes in the Swedish Patent Act are editorial with a completely new set up. Our Swedish trademark law had the corresponding completely new set up some years ago.
Some changes are making the act even more in line with EPC and adopted to Unitary Patent (UP) and to the Unified Patent Court (UPC).

Noteworthy, during the work some referral bodies called for even more adjustments to the UP and the UPC. However, the legislator didn’t want to be too quick and, said: “It can also be noted that the unitary patent system has only recently been launched. When the unitary patent system and the court agreement have been applied for some time, it may turn out that there are areas in the Swedish patent law that should be further adapted to that system. If such a need arises, there may therefore be reason to return to these issues in a different context.”

Regarding news in the act:

• It will be possible to add one or more independent inventions for examination, in one single patent application.
• It will not anymore be possible with free patent prophylaxis, to get an invention published for free. Nothing will happen with the application until the application fee has been paid.
• Strangely enough, even though the concept of “inventive step” has been applied fully in Sweden and, both the registration office and courts have been using the Swedish equivalent to “Inventive Step” (uppfinningshöjd), the word “uppfinningshöjd” has never been found in the Patent Act, instead it said, “differ substantially from”. With the new act, we also have “uppfinningshöjd” in our act.
• Drawings will no longer be seen as part of the description. It will be regarded as part of the application. This is only an adoption of the internal view, no changes in the subject are intended.
• The formal requirement to file a signed power of attorney will cease. However, of course, we attorneys will need a power of attorney to act on a client’s behalf if questioned in the future.
• Two new exceptions are introduced. One exception encompasses the possibility to use protected biological material for developing a new plant variety. The other exception encompasses certain use of software. If you need further information, please let us know.

In case you have a patent application under examination before the new act, the registration office will continue to use the old act during the examination. For all now registered, or later registered, patents the new act will apply directly.