Sweden modernizes its patent system

Insights|November 26, 2024

Sweden’s updated Patent Act, effective January 1, 2025, introduces a streamlined framework aligned with European standards. These reforms enhance patent processes and bolster Sweden’s reputation as a leader in intellectual property litigation. Roschier’s Nordic IP experts are uniquely positioned to guide clients through these changes, offering seamless cross-border support and tailored solutions for complex patent matters.

On January 1, 2025, Sweden will implement a new Patent Act, bringing the country’s patent legislation into alignment with the European Patent Convention (EPC) and the Unified Patent Court (UPC). This reform replaces the current Patent Act, which dates from the 1960s, and reflects Sweden’s commitment to maintaining a robust and future-proof patent litigation system.

The new law introduces several updates designed to enhance efficiency and compatibility with international practices. For example, the requirements for amending patent claims as a defense to a revocation claim in court proceedings are clarified. Additionally, several modernizations are made to the processing of patent applications by the Swedish Intellectual Property Office.

The reform brings significant advantages for innovative companies, particularly in sectors like pharmaceuticals, which depend on efficient systems to safeguard their intellectual property. It builds on earlier milestones in the Swedish legal framework, such as the creation of the specialized Patent and Market Court and the Patent and Market Court of Appeal in 2016. These courts have established Sweden as a leader in patent litigation, often resolving disputes within a year at the first instance.

Rainer Hilli, a leading patent and life sciences expert at Roschier, has witnessed these developments firsthand over the past two decades. “Sweden’s modernized patent system, combined with its efficient courts, creates a particularly strong environment for handling complex disputes,” he says. He regularly acts in patent litigation cases and in other matters in both Sweden and Finland, benefiting from being fully bilingual with his mother tongue being Swedish. “I really enjoy acting directly in both markets, the local courts are complemented by the UPC courts in both Stockholm and Helsinki which increases the need for our clients such as innovative pharma companies to have their patent cases handled by a cross-border practice that is market-leading in two Nordic countries.”

This progress is supported by the firm’s extensive expertise in intellectual property. Erik Ficks, head of the Swedish practice, is recognized as a global leader in intellectual property law by IAM Global Leaders, alongside Rainer and Johanna Lilja from the Helsinki office. Senior Associate Kajsa Zenk contributes her deep knowledge of patent and other intellectual property law to further strengthen the practice in Sweden. These accolades highlight not only the caliber of individual team members but also the collaborative strength and innovative approach of Roschier’s Nordic teams, comprising eight partners active in IP litigation and with a dedicated team of more than 50 IP lawyers.

Another example of the firm’s seamless cross-border approach, beyond Rainer practicing directly in both markets, comes from Johanna, who recently coordinated patent litigation for a client with actions in both Sweden and Finland. “While I was not acting in court in Sweden, leaving that role to Erik and Kajsa, it was a great advantage to the client that we could do the preparations for both countries at the same time,” says Johanna. “We also managed the schedule so that the main court hearing in Sweden took place a few weeks before the one in Finland. This allowed me to attend the Swedish hearing and prepare for all the counterparty’s arguments when acting in the Finnish proceedings.”

Sweden’s modernized patent legislation and efficient court system strengthen its reputation as a leader in intellectual property protection. These reforms benefit both domestic companies and those managing complex, cross-border patent disputes. Recognitions like those from IAM Global Leaders highlight the expertise Swedish and Nordic professionals contribute to the global field of patent litigation.