BUSINESS BRIEF: SWEDEN
BUSINESS BRIEF: SWEDEN Patents
How do you register or secure patent rights, and is national or international coverage most appropriate?
A Swedish patent application is filed with the Swedish Patent and Registration Office (PRV), and is granted for a term of up to 20 years from the filing date (if the annual renewal fees are paid), with an extension of up to five years possible for medical and plant protection patents.
Te national application can be filed in Swedish; there is also the opportunity to prepare for the international phase by filing an application in English, although the PRV will request a Swedish translation within four months from the office action as the patent is always granted in Swedish. Te advantage with a national Swedish application is that the first office action or intention to grant are issued within six to eight months from the filing date. Te ideal situation is a possibility to obtain a patent extremely quickly.
What are the costs for obtaining a patent, and what are the costs of defending it?
Te basic filing fee for a Swedish national patent is SEK3,000 ($460), with an additional fee for each patent claim beyond the first 10 of SEK150 ($23). Te issue fee is SEK1,400 ($216), and SEK175 ($27) for each page exceeding eight. Attorney fees have to be paid for the filing, examination proceedings and for the issuance of the patent.
Te costs up to the district court decision tend to range between SEK300,000 ($46,000) and SEK2 million ($309,000), depending on the complexity of the case. Costs before the court of appeal are generally slightly lower.
Is there anything unusual about the patent law that companies should be aware of? What are the most common mistakes businesses make?
As mentioned above, filing a patent application
in Sweden is a quick and cheap way to get a patent protection.
Te most common mistake is that even large companies inform media and possible financial partners before securing the patent with an application or at least a proper non-disclosure agreement.
What are the key threats to patent owners, and what is the best strategy if you suspect someone is infringing your patent?
Patent infringement, especially in the medical and soſtware technology sectors, is rather common. In case of infringements by business partners, mediation is the best way to find a solution, but in other cases a distinct cease and desist letter is the best start.
However, one must have in mind that a groundless cease and desist letter may be seen an unfair competition, especially if such letter is also sent to resellers, etc. Also, the accused infringer normally acts directly with a patent validity trial.
Trademarks
How do you register or secure trademark rights, and what protection does it grant? Trademark protection in Sweden can be obtained by use, by a national Swedish trademark registration, by a Madrid Protocol registration covering
Sweden and/or by a Community Trademark registration.
An unregistered trademark is only protected in the part of Sweden in which it has become used and known, and only as long as it is in use.
All other formally registered trademarks have full protection in Sweden, preventing third parties from using and registering a trademark, design or company name that is confusingly similar and related to the same or similar goods or services.
132 World Intellectual Property Review Annual 2013
The Trademarks Act states that the exclusive right to a trademark means that no-one other than the holder, without his permission, in business may use a symbol/character that is: a) identical to the trademark for the same kind of goods or services; b) identical or similar, if there is a likelihood of confusion, including the risk that the use of the mark leads to the perception that there is a relationship between the user and the trademark owner; or c) identical or similar to a trademark which is— in Sweden—known in a substantial proportion of the relevant group of customers, if such use takes unfair advantage of, or is detrimental to, the distinctive character/reputation of the trademark.
Te Swedish Act against Unfair Competition states that it is not permitted to “make parasitic use of the reputation” of another’s trademark, in particular famous trademarks.
What are the costs for registering a trademark, and what are the costs of defending it?
Te official filing fee for a Swedish trademark application is SEK1,800 ($278), and SEK900 ($139) per additional class (prices if filed electronically). Te costs up to the district court decision tend to range between SEK70,000 ($10,800) and SEK150,000 ($23,000).
What are the key threats to trademark owners, and what is the best strategy for dealing with infringement?
Online infringement is the most common threat, with fake websites and online sale of pirate goods. As to patent-related disputes, the easiest and best way is to start with a formal cease and desist letter. If that does not stop the infringement, the trademark holder will have to take the case to court. In certain serious cases criminal court actions are available, though trademark infringement is normally a civil matter.
www.worldipreview.com
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