Preface

Sweden's patent invalidation system is deeply integrated with the European patent system, while retaining its own characteristics. Its core framework and process are as follows:

1、 Legal framework

1. Dual path:

European Patent (EP):Authorized by the European Patent Office (EPO), it can take effect in Sweden (with a Swedish translation submitted within 3 months of its effectiveness).

Swedish National Patent:Authorized by the Swedish Patent Registry (PRV).

Invalid jurisdiction:

Patents authorized by EPO: must be invalidated through the EPO opposition procedure or the Unified Patent Court (UPC).

Swedish National Patent: Invalid through PRV administrative procedures or judicial procedures of the Swedish Patent and Market Court (PMC).

2. Main regulations:

The Swedish Patent Law (1967:837, revised in 2022).

The European Patent Convention (EPC).

The Agreement on the Unified Patent Court of the European Union (UPC, effective in 2023).

2、 Invalid approach

(1) Administrative Procedure (PRV)

Target audience: Only applicable to Swedish national patents (EP patents cannot be directly invalidated through PRV).

Process:

1. Submit RequestWritten materials in Swedish with technical evidence (existing technical literature, etc.) are required.

2. Patent holder's defenseA 3-month defense period (extendable).

3. PRV reviewUsually conducted in writing, and if necessary, a hearing may be organized.

4. Decision cycle12-18 months.

Cost: Approximately 2000-5000 euros.

(2) Judicial Procedure (Patent and Market Court, PMC)

Applicable to:

All patents in effect in Sweden (including EP patents and Swedish national patents).

Can be used as a counterclaim for independent litigation or infringement litigation.

Process:

1. Lawsuit: Submit a complaint (in Swedish or English), requiring detailed technical arguments.

2. Evidence exchange: including expert witnesses, experimental data, etc.

3. Oral hearing: usually requires appearance in court for debate (with the participation of technical judges).

4. Judgment cycle: On average, the first instance takes 18-24 months.

5. Cost: The litigation fee is approximately 20000-50000 euros (including legal fees).

(3) EPO Objection Procedure

Applicable object: Patents authorized by EPO (within the 9-month authorization announcement period).

Effectiveness: If successful, the patent is invalid in all designated countries (including Sweden).

Cycle: 2-4 years.

Cost: Official fee of 785 euros, lawyer fee of 15000-30000 euros.

(4) Unified Patent Court (UPC)

Applicable objects: European unitary patents or traditional EP patents (not subject to UPC jurisdiction).

Effectiveness: Invalid in 17 participating countries.

Key advantage: A single program covers multiple countries, with high cost efficiency.

3、 Invalid Reason

According to Article 52 of the Swedish Patent Law and Article 100 of the EPC, the reasons include:

1. Lack of patentability:

Novelty (publication prior to priority date worldwide).

Creativity (non obviousness).

Industrial practicality.

2. Disclosure Defects:

The instruction manual is insufficient (unable to implement the invention).

The claims exceed the scope of the original application.

3. Exclude themes:

Violating public order and good customs (such as human embryonic technology).

Computer programs, business methods, etc. (unless they produce technical effects).

4. Ownership issue: Non legal patent holder.

4、 Key features

1. Language flexibility:

PRV program: Mandatory Swedish language.

PMC litigation: Accept Swedish or English (the most international patent court in Northern Europe).

2. Technical judges participate:

PMC is composed of legal judges and technical experts (similar to the German Federal Patent Court).

3. Acceleration program:

PMC can shorten the process (closing the case within 12 months at the earliest), and urgent business needs need to be demonstrated.

4. Temporary invalidity (preliminary injunction):

Temporary invalidation of patents can be applied for in infringement lawsuits (requiring a high deposit).

5. Coordination with EPO:

If the EPO objection procedure has been initiated, PMC may suspend the trial and wait for the results.

5、 Cycle

1. PRV administrative procedure: 12-18 months

2. PMC first instance litigation: 18-24 months

3. EPO objection procedure: 2-4 years

4. UPC invalid program: 12-18 months

6、 Appeal mechanism

1. PRV decision → appealed to the Patent and Market Appeals Court (PMCA).

2. PMC first instance judgment → Appeal to PMCA → Swedish Supreme Court (legal issues only).

3. EPO objection decision → appealed to EPO Technical Appeal Board (TBA).

4. UPC judgment → appealed to UPC Court of Appeal (Luxembourg).

7、 Practical suggestions

1. Strategy selection:

EP patent: Priority is given to the EPO opposition procedure (low cost, wide effectiveness).

National Patent: Choose PMC litigation (which can be combined with infringement counterclaims for higher efficiency).

Multi country patent protection: utilizing UPC program (most preferred after 2023).

2. Key points of evidence:

Nordic local public evidence (such as Swedish technical reports and conference papers) has a high weight.

The experimental data must comply with EU standards (such as ISO certification).

3. Acceleration techniques:

Apply for a summary judgment in PMC, applicable to cases with clear evidence.