The correct patent protection increases the value, position and development opportunities of a company.
Bjerkéns Patentbyrå has extensive experience in managing patent matters and helping clients in areas such as:
- assessing whether patent protection is possible and advising clients on possible ways to proceed,
- drafting and filing patent applications in Sweden and in other countries,
- monitoring and responding to communications from patent offices,
- assessing infringement matters,
- representing clients during disputes concerning their inventions or patents, such as in cases of attempted patent invalidation or patent infringements,
- validating European patents in Sweden,
- monitoring time limits, such as for annual fees
- developing appropriate patent strategies for companies.
What is required for a patent protection?
In order to obtain a patent registration, an invention needs to meet three criteria:
- The invention must be new (novelty). This requirement states, for example, that the inventor must not have shown the invention publicly or described it in any publication before the patent application is filed. It is also important that prior to the filing of the patent application, the inventor does not discuss the invention with others who are not subject to a confidentiality agreement.
- The invention must fulfil the requirement of an inventive step. This means that it should differ essentially from the prior art.
- The invention must be industrially applicable, meaning that it must be technical in nature and effect, and be replicable.
It is of the utmost importance that any application is carefully considered and correctly drafted from the beginning, with the patent requirements accurately formulated. This is because, in principle, adding new technical information to the patent application once it has been filed is not permitted.
Bjerkéns Patentbyrå advises clients on the rules, regulations and questions surrounding patent applications and the opportunities that exist. Information is also available on the Swedish Patent and Registration Office (PRV) website.
Does your invention meet the requirements to obtain a patent? We would be happy to help you answer that question.
In Sweden a patent application must be filed at the PRV, where the invention, as defined in the application, will be examined to assess whether it fulfils all the patent requirements.
Patents may also be obtained in Sweden through filing an application at the EPO. A similar examination to that of PRV is carried out by the EPO, and once the patent is granted, it also becomes valid in Sweden if the applicant so desires.
The formal rules and regulations regarding patents and patent applications in Sweden are dictated by the Swedish Patents Act. These are in accordance with European regulations, which in turn are aligned with EU laws.
Ensuring strong protection for great inventions.
Sweden has adopted international conventions that protect inventions within the intellectual property sphere.
The Paris Convention, the International Patent Cooperation Treaty (PCT) and the European Patent Convention (EPC) enable an applicant to proceed with an application in several other countries within one year of the original patent application being filed in Sweden, by claiming something called priority.
Through the PCT, it is permitted to delay the final completion of an application for specific countries for up to 30 months after the date of filing of the original application. One advantage of this is that certain costs may be postponed.
The EPC allows the grant of a patent for all the EPC contracting European states.
For how long does patent protection last?
In Sweden and in most other countries a patent is granted for 20 years from the date of filing a patent application. Annual fees are to be paid to the patent authorities to maintain the patent granted. Upon expiration and cessation of the rights, others may freely use the patented technology.