Swedish patents in English - Amendment to the Swedish Patents Act on July 1, 2014

Applicants filing a Swedish national patent application on or after 1 July 2014 may request that the Swedish patent is issued in English.

The applicant may also request that all communication with the Swedish Patent and Registration Office is conducted in English. This means that the applicant can receive office actions and decisions in English, make all submissions in English, and otherwise communicate with the Swedish Patent and Registration Office in English without having to translate any submitted document. If the applicant does not make an active choice concerning the language in which he/she wishes to communicate, the Swedish Patent and Registration Office will communicate with the applicant in the language in which the applicant requested that a patent shall be issued.

The claims of a Swedish patent issued in English must however be translated into Swedish on payment of the issue fee. The Swedish claims will be published with the granted patent, but the patent shall disclose that only the English claims have legal effect. The Swedish claims are provided for the purpose of information only.

If the applicant wishes to obtain provisional protection, a Swedish translation of the English patent claims must be submitted to the Swedish Patent and Registration Office to be made available to the public, and a fee of 500 SEK must be paid. Alternatively, the applicant may, at a later date, provide a Swedish translation of the claims before a patent is granted, whereupon provisional protection will be obtained on this later date.

If an opposition is filed against a Swedish patent granted in English, the opponent has the possibility of requesting that the patent is translated into Swedish. The Swedish Patent and Registration Office will ask the patent proprietor to file a Swedish translation of the description (since the patent claims are already available in Swedish), and if the request is not complied with, the Swedish Patent and Registration Office shall translate the patent documents at the patent proprietor's expense. The opposition process will be conducted in Swedish. If the patent is maintained on the basis of amended claims, a translation of the amended claims into Swedish must be filed together with the amended English claims.

If a Swedish patent issued in English becomes the subject of court proceedings, the patent proprietor shall also be asked to translate the patent into Swedish. Otherwise, the court will arrange for a translation to be made at the expense of the patent proprietor.

// Helen Rehse