On Oct. 27, SWE MoJ consulted on certain patent legal issues memo.
SWE MoJ issued memorandumCertain patent law issues, which details proposed changes, plus a list of organizations it has shared the document with for comments.
Memorandum explains previous investigations on behalf of government, and proposed constitutional changes following the introduction of the EU unified patent system.
Document outlines issues for consideration in connection with drafting new patent law.
Relate to changes as per EU law on patent infringement corrective measures, and authorizing rules on fees regarding products protected according to EC reg 469/2009.
Memorandum proposes corrective measures in Patents Act are amended to no longer state products have been manufactured unlawfully, but to act on infringed products.
Ability to issue rules on fees for notification by those aiming to use exemptions for product manufacture or medicinal products with supplementary protection certificate.
Effectiveness
Comments are invited until Dec. 8, 2023.
Apr. 2024, Legislative Council Referral
On Apr. 15, 2024, SWE MoJ announced it has issued a referral to the legislative council proposing that a new patent act should replace the current patent law from 1967.
Proposals a number of the Patents act provisions should be adapted to the European Patent Convention and Agreement on a Unified Patent Court (the court agreement).
Concern which inventions can be patented, content/limitations of exclusive rights.
With regard to exclusive rights, two new exceptions to the patent holder's exclusive rights are introduced, one for plant breeding and one for use of computer programs.
The provisions are the result of the adaptation to the court agreement.
In order to enable efficient processing and facilitate understanding of the patent process, the rules on the processing of a patent application are clarified.
There is also a comprehensive linguistic and editorial modernization of the Patents act to make the act more transparent and easier to apply.
New act and consequential amendments proposed to enter into force on Jan. 1, 2025.
May 2024 New Patent Law Bill
On May 29, 2024, SWE MoJ issued new bill: provisions of Patents Act to be adapted partly to European Patent Convention and partly to Unified Patent Court agreement.
This is accompanied by SWE MoJ announcement of the proposed Patents Act bill.
An overall linguistic and editorial modernization of the Patents Act is also being carried out to make the Act more transparent and easier to apply, according to SWE MoJ.
The new act and related amendments is still expected to enter into force Jan. 1, 2025.
Law can force Swedish companies to reveal trade secrets, according to SWE ENT.
Christina Wainikka, an expert at SWE ENT on intellectual property law, believes that the bill is harmful as it will mean that companies can be forced to share trade secrets.
The new law thus means that it is possible to grant a compulsory license, which means that the person who has patent right cannot deny anyone right to use the technology.
A patent's purpose is being able to exclude others from using their own technology.
The problem is that as soon as you hand over a trade secret, it's not a secret anymore.
When applying for a patent, the patent applications become public after 18 months.
This is why companies make strategic choices on whether to patent and get strong protection for a maximum of 20 years, or choosing to keep the patent a trade secret.
Oct. 2024 New Law Agreed
On Oct. 16, 2024, SWE PRL said yes to government's proposal for a new patent law.
Concern which inventions can be patented and content/limitations of exclusive right.
New Patent Act and consequential changes proposed to come into force Jan. 1, 2025.
Regulators
SWE ENT; SWE MoJ; SWE PRL
Entity Types
Corp
Reference
PR 10/16/2024; Lt, Bill Prop 2023/24:150, PR, 5/29/2024; PR, 4/15/2024; CP, PR, 10/27/2023; Rp SOU 2015:41; Reg 469/2009; Act, 4/11/2024;
