PCT Applicant's Guide Sweden EQE - Valid as from 31 Oct 2023

GENERAL INFO
RO
ISA
SISA
IPEA
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).

List of abbreviations used in this document:

Office: Swedish Intellectual Property Office (PRV)

SPL: Patents Act (Sweden)

SPD: Patents Decree (Sweden)

List of currencies used in this document:

CHF (Swiss franc), DKK (Danish krone), EUR (Euro), ISK (Icelandic krona), NOK (Norwegian krone), SEK (Swedish krona), USD (US dollar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Article 64(2)(a)(ii), Rule 23bis.2(b), Rule 23bis.2(e)
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Sweden

Two-letter code:

Name of Office:

Swedish Intellectual Property Office (PRV)

Location:

Valhallavägen 136
Stockholm
Sweden

Mailing address:

P.O. Box 5055
S-102 42 Stockholm
Sweden

Telephone:

(46-8) 782 28 00

E-mail:

prv@prv.se

Website:

http://www.prv.se

Facsimile:

(46-8) 666 02 86

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

No, only upon invitation

Does the Office send notifications via e-mail in respect of international applications?

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Does the Office excuse delays in meeting time limits due to the unavailability of electronic means of communication (PCT Rule 82quater.2(a))?

Yes, the Office excuses delays in meeting time limits where the permitted electronic means of communication were unavailable at least one whole day (24 hours) and where the respective action was performed on the next working day on which the said electronic means of communication were available

For the relevant notification by the Office refer to the Official Notices (PCT Gazette) dated 25 June 2020, page 139

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS

For further details on how to request this Office to make applications available to DAS, refer to https://www.prv.se/en/ip-professional/patents/digital-access-service-das/

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

EP,

IB,

Does national legislation restrict the filing of international applications with foreign Offices?

The Defence Inventions Act, Section 4

Yes, filing restrictions apply to:

Inventions made in Sweden

Applications by residents

Inventions owned by Swedish companies

Competent designated (or elected) Office(s) for this State:

National protection: SE

European patent: EP

Types of protection available via the PCT:

National:

Patents

European:

Patents

Availability under the national law for an international-type search (PCT Article 15):

Section 9 of the Patents Act and

Section 5 of the Decree implementing that Act

Provisional protection after international publication:

Where the designation is made for the purposes of a national patent:

After international publication, the furnishing of a translation into Swedish or English or, if the international application was filed in Swedish or English, of a copy of the application as filed, gives the applicant provisional protection in the sense that he, upon grant of the patent, is entitled to damages. These are limited to what is judged reasonable in the circumstances and the protection is limited to what is claimed in both the application and the patent. Refer to Sections 33, 58 and 60 of the Patents Act.

For further details, refer to paragraph SE.02 of the National Chapter SE

Where the designation is made for the purposes of a European patent:

Compensation reasonable in the circumstances, on condition that any national requirements relating to the translation into Swedish of the claims of the application have been met, and upon grant of the patent. Protection is limited to what is claimed in both the application and the patent (refer to Section 88 of the Patents Act).

Information of interest if this Contracting State is designated (or elected)

For national protection

Time when the name and address of the inventor must be given:

May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1)(a), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

For a European patent

Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Sweden

Language in which international applications may be filed:

If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3). If the language in which the international application is filed is not a language of publication and no translation is required for the purposes of international search (PCT Rule 12.3(a)), the applicant will have to furnish a translation of the application into English (PCT Rule 12.4(a))

Danish,

English,

Finnish,

Norwegian,

Swedish

Language accepted for language-dependent free text in the sequence listing:

Danish,

English,

Finnish,

Norwegian,

Swedish,

or English and another filing language accepted by the Office

Language in which the request may be filed:

English

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Yes, the Office accepts XML and PDF files filed using ePCT-Filing or EPO Online Filing

For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 31 May 2018, pages 244 et seq. and 21 July 2022, page 189.

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).

Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Offfice applies the “due care” criterion to such requests

Competent International Searching Authority:

EP,

SE,

Competent International Preliminary Examining Authority:

EP,

SE,

Fees payable to the receiving Office:

Transmittal fee:

1,200 SEK

International filing fee:

15,840 SEK

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee per sheet in excess of 30:

180 SEK

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

2,380 SEK

Electronic filing (the request, description, claims and abstract in character coded format):

3,570 SEK

Search fee:

Refer to
Annex D(EP)
Annex D(SE)
Annex D(XN)

Fee for priority document (PCT Rule 17.1(b)):

— if requested under PCT Rule 17.1(b)

None

— if requested outside of PCT Rule 17.1(b)

250 SEK

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

1,000 SEK

Is an agent required by the receiving Office?

No, if the applicant resides in Sweden
May be required if the applicant is a non-resident

Who can act as agent?

Any natural or legal person

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing

Annex D - International Searching Authority

International Searching Authority competent for the following Receiving Offices:

AP,

BR,

DK,

FI,

GH,

IN,

IS,

KE,

LR,

MA,

MX,

NO,

OA,

SE,

TT,

VN,

Search fee (PCT Rule 16):

1,713 CHF

13,200 DKK

1,775 EUR

271,000 ISK

19,970 NOK

20,760 SEK

1,875 USD

This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.

Additional search fee (PCT Rule 40.2):

20,760 SEK

This fee is payable to the International Searching Authority and only in particular circumstances.

Fee for copies of documents cited in the international search report (PCT Rule 44.3):

— for less than 10 pages

None

— for 10 pages

50 SEK

— for each page over 10

plus 2 SEK

How to obtain copies:

All documents cited in the international search report are available free of charge from PRV’s online service “Cited Documents” at:
https://www.prv.se/en/patents/patent-online-services/

The cited documents may also be ordered in paper form at the above cost

Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):

— for less than 10 pages

None

— for 10 pages

50 SEK

— for each page over 10

plus 2 SEK

Protest fee (PCT Rule 40.2(e)):

None

Late furnishing fee (PCT Rule 13ter.1(c)):

None

Conditions for refund and amount of refund of the search fee:

Money paid by mistake, without cause, or in excess, will be refunded

Where the international application is withdrawn or is considered withdrawn, under PCT Article 14(1), (3) or (4), before the start of the international search:
refund of 100%

Where an earlier international or international-type search has already been made by this Authority on an application whose priority is claimed: the search fee will be refunded in part if the search can be based in full or in part on the search that was carried out by the Authority

Where a search and examination report issued on an application filed with the Danish Patent Office, the European Patent Office, the Finnish Patent and Registration Office (PRH), the Icelandic Intellectual Property Office (ISIPO), the Norwegian Industrial Property Office or the Swedish Intellectual Property Office (PRV), the priority of which is claimed, is furnished together with the international application:
refund of 2,800 SEK

Where an earlier international application, the priority of which is claimed, is furnished together with an international search report issued by the European Patent Office, the Finnish Patent and Registration Office (PRH) or the Nordic Patent Institute:
refund of 2,800 SEK

Where an earlier international application, the priority of which is claimed, is furnished together with an international-type search report issued by the Finnish Patent and Registration Office (PRH) or the Nordic Patent Institute:
refund of 2,800 SEK

Languages accepted for international search:

French is not accepted for international applications filed with the receiving Office of, or acting for, Denmark, Finland, Iceland, Norway or Sweden

Danish,

English,

Finnish,

French,

Norwegian,

Swedish

Does the Authority accept informal comments on earlier search results where an international application claims priority from an earlier application already searched by this Authority?

Refer to the Office

Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings:

None. Physical media are not accepted. Sequence listings must be filed in electronic form (refer to the Administrative Instructions under the PCT, Annex C)

Subject matter that will not be searched:

The subject matter specified in items (i) to (vi) of PCT Rule 39.1 with the exception of any subject matter searched under the patent grant procedure in accordance with the provisions of Swedish patent law

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated on the request form at the time of filing

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated on the request form at the time of filing

Annex SISA - International Searching Authority (Supplementary Search)

Fees payable to the International Bureau:

For further details on the payment of fees to the International Bureau, refer to the WIPO website at http://www.wipo.int/pct/en/fees/special.html

Supplementary search fee (PCT Rule 45bis.3):

1,713 CHF

This fee is linked to the search fee charged by the European Patent Office and will be revised from time to time to reflect currency fluctuations between SEK and CHF

Supplementary search handling fee (PCT Rule 45bis.2):

200 CHF

Late payment fee (PCT Rule 45bis.4(c)):

100 CHF

Fees payable to the Authority:

Fee for copies of documents cited in the supplementary international search report (PCT Rule 45bis.7(c)):

All documents cited in the supplementary international search report are available free of charge from PRV’s online service “Cited Documents” at:
https://www.prv.se/en/patents/patent-online-services/

The cited documents may also be ordered in paper form at the following cost:

— for less than 10 pages

None

— for 10 pages

50 SEK

— for each page over 10

plus 2 SEK

Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):

— for less than 10 pages

None

— for 10 pages

50 SEK

— for each page over 10

plus 2 SEK

Late furnishing fee (PCT Rules 13ter.1(c) and 45bis.5(c)):

None

Conditions for refund and amount of refund of the supplementary search fee:

Money paid by mistake, without cause, or in excess, will be refunded

The International Bureau shall refund this fee where the supplementary search request has not yet been transmitted to the Authority and the international application is withdrawn or considered withdrawn, or the supplementary search request is withdrawn or considered not to have been submitted (refer to PCT Rule 45bis.3(d)):
refund of 100%

The Authority shall refund this fee where work has not yet started and the supplementary search request is considered not to have been submitted (refer to PCT Rule 45bis.3(e)):
refund of 100%

Languages accepted for supplementary international search:

Danish,

English,

Finnish,

Norwegian,

Swedish

Subject matter that will not be searched:

Scope of documentation included in the supplementary international search:

In addition to PCT minimum documentation, the Authority shall include at least the documents in its search collection in: Danish, Finnish, Norwegian, Swedish

Limitations on supplementary international search:

The Authority shall notify the International Bureau if demand for supplementary international search exceeds available resources

Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings:

None. Physical media are not accepted. Sequence listings must be filed in electronic form (refer to the Administrative Instructions under the PCT, Annex C)

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing

Annex E - International Preliminary Examining Authority

International Preliminary Examining Authority competent for the following Receiving Offices:

AP,

BR,

DK,

FI,

GH,

IN,

IS,

KE,

LR,

MA,

MX,

NO,

OA,

SE,

TT,

VN,

Preliminary examination fee (PCT Rule 58):

5,000 SEK

This fee is payable to the International Preliminary Examining Authority.

Additional preliminary examination fee (PCT Rule 68.3):

This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.

5,000 SEK

Handling fee (PCT Rule 57.1):

2,380 SEK

This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee for copies of documents cited in the international preliminary examination report (PCT Rule 71.2):

— for less than 10 pages

None

— for 10 pages

50 SEK

— for each page over 10

plus 2 SEK

How to obtain copies:

All documents cited in the international preliminary examination report are available free of charge from PRV’s online service “Cited Documents” at:
https://www.prv.se/en/patents/patent-online-services/

The cited documents may also be ordered in paper form at the above cost

Fee for copies of documents contained in the file of the international application (PCT Rule 94.2):

— for less than 10 pages

None

— for 10 pages

50 SEK

— for each page over 10

plus 2 SEK

Protest fee (PCT Rule 68.3(e)):

None

Late furnishing fee (PCT Rule 13ter.2):

None

Conditions for refund and amount of refund of the preliminary examination fee:

Money paid by mistake, without cause, or in excess, will be refunded

In the cases provided for under PCT Rule 58.3:

— in case of PCT Rules 54.4 and 58bis.1(b)
refund of 100%;

— in case of PCT Rule 60.1(c)
refund of the amount paid less the amount of the current transmittal fee.

If the international application or the demand is withdrawn before the start of the international preliminary examination:
refund of 100%

Languages accepted for international preliminary examination:

French is not accepted for international applications filed with the receiving Office of, or acting for, Denmark, Finland, Iceland, Norway or Sweden

Danish,

English,

Finnish,

French,

Norwegian,

Swedish

Subject matter that will not be examined:

The subject matter specified in items (i) to (vi) of PCT Rule 67.1 with the exception of any subject matter examined under the patent grant procedure in accordance with the provisions of Swedish patent law

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form or in the demand form at the time of their filing

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form or in the demand form at the time of their filing

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

Where applicant requests publication earlier than 16 months from the priority date, not later than that request

— any additional indications:

At the time of filing (as part of the application)

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, relevant information on the characteristics of the microorganism

Additional information

The applicant may request that, until the patent has been granted by the Swedish Intellectual Property Office (PRV) or if the application has been finally decided upon without resulting in the grant of the patent, the furnishing of a sample shall only be effected to an expert in the art. The same is applied to rejected or withdrawn applications within a period of 20 years from the filing date. The request to restrict the furnishing of a sample to an expert in the art shall be filed by the applicant with the Swedish Intellectual Property Office (PRV), at the latest, by the day upon which technical preparations for publication of the application are considered to be completed.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Translation of international application required into (one of) the following language(s):

Where the filing fee has been paid within the time limit applicable under PCT Article 22 or 39(1), the translation of the international application may be filed within two months from the expiration of that time limit, provided that the additional fee for late furnishing of the translation has been paid within those two months

For further details, refer to paragraph SE.02

English,

Swedish

Required contents of the translation for entry into the national phase:

Under PCT Article 22: Description, claims (if amended, as originally filed or as amended, at applicant’s option), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, as originally filed or as amended by the annexes to the international preliminary examination report, at applicant’s option)

Is a copy of the international application required in particular circumstances?

The applicant should only send a copy of the international application if he/she has not received Form PCT/IB/308 and the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2).

National fees:

Filing fee

Must be paid within the time limit applicable under PCT Article 22 or 39(1)

Entry fee

500 SEK

Search fee

2,500 SEK

Claim fee for each claim in excess of 10

150 SEK

Additional fee for late furnishing of translation or copy

500 SEK

Annual fee for the first two years

None

Annual fee for the 3^rd year

This fee is due on the last day of the month containing the second anniversary (24 months) of the international filing date; where PCT Article 22 or 39(1) applies, it is payable within two months after performing the acts for entering the national phase, unless the 24-month time limit has not yet expired.

1,500 SEK

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17

Name and address of the inventor if they have not been furnished in the “Request” part of the international application

Who can act as agent?

Any natural or legal person

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies the “due care” criterion to such requests

The procedure in the national Phase

SE.01 FORM FOR ENTERING THE NATIONAL PHASE

The Office has available a special form for entering the national phase (refer to Annex SE.II). This form should preferably (but need not) be used.

SE.02 LANGUAGE OF PROCEEDINGS

SPD Sec. 3
The description, the claims, any text matter of drawings and the abstract of the international application must be in Swedish or English.

A patent can also be granted in English. All patent documents may be furnished in Swedish or in English. However, a translation of the claims into Swedish is required where a patent in English is sought. The claims in English are considered to be the original claims

Other documents and correspondence may be in Swedish, Danish, Norwegian or English. However, the Office may abstain from requiring a translation or may accept a translation into a language other than Swedish, Danish, Norwegian or English of all documents which do not belong to the documents making up the international application (for instance, if the document is in French or German).

SE.03 TRANSLATION (LATE FURNISHING OF)

SPL Sec. 31(3)
If the translation of the international application has not been furnished by the applicant within the time limit applicable under PCT Article 22 or 39(1) but the national fee indicated in the Summary has been paid within that time limit, the translation can still be furnished within a further period of two months, provided that the additional fee for late furnishing of the translation, indicated in the Summary, has been paid within those two months.

SE.04 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

SE.05 TRANSLATION (IN CASE OF LACK OF UNITY OF INVENTION)

Where a part of the international application was not subjected to an international search for reason of lack of unity of the invention, a translation is required only of those parts of the international application which were subjected to the international search. However, where the applicant wants to maintain the part which was not searched, a translation of this part must also be furnished. Also refer to paragraph SE.08.

SE.06 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex SE.I.

SE.07 POWER OF ATTORNEY

SPL Sec. 12, SPL Sec. 33
An agent may be appointed either by filing a separate power of attorney or in the special form referred to in paragraph SE.01 (refer to Annex SE.II). A model of a separate power of attorney is given in Annex SE.III.

SE.08 ADDITIONAL SWEDISH SEARCH OR EXAMINATION REPORT (IN CASE OF LACK OF UNITY OF INVENTION)

PCT Art. 17(3)(b), PCT Art. 34(3)(c), SPL Sec. 36, SPL Sec. 37
Where a part of the international application was not subjected to international search or preliminary examination because the international application did not comply with the requirement of unity of invention and the applicant did not pay the additional search or preliminary examination fee to the International Searching or Preliminary Examining Authority, the Office will decide whether the said finding as regards the application translated into Swedish was correct. If this is found to be the case, the Office will invite the applicant to pay an additional fee within two months after mailing the notification of this decision. The amount of the said fee is indicated in Annex SE.I. Where the applicant does not pay the additional fee, that part of the international application which was not subjected to international search or preliminary examination will be considered withdrawn.

SE.09 GRANT FEE

SPL Sec. 19, SPL Sec. 20
A grant fee must be paid within two months after the date of the notification that a patent can be granted. The amount of the fee is indicated in Annex SE.I.

SE.10 ANNUAL FEES

SPL Sec. 8(5), SPL Sec. 40, SPL Sec. 41, SPL Sec. 42
Annual fees must be paid for each year following the international filing date. For the due date of annual fees for the first three years, refer to the Summary. Payment of the subsequent annual fees must be made before the expiration of the month containing the anniversary of the international filing date. Payment can still be made, together with a 20% surcharge for late payment, before the expiration of the sixth month after the month containing the anniversary of the international filing date. The amounts of the annual fees are indicated in Annex SE.I. It is to be noted that, where the 31-month time limit under PCT Article 39(1)(b) applies, annual fees can be paid without surcharge within two months after performing the acts for entering the national phase.

SE.11 AMENDMENT OF THE APPLICATION; TIME LIMIT

PCT Art. 28, PCT Art. 41, SPL Sec. 13
The applicant may make the following modifications before the Office, provided that the scope of the subject matter of the application is not broadened thereby:

SPL Sec. 34, SPD Sec. 58
(i) within 31 months from the priority date: corrections of defects and voluntary amendments;

SPL Sec. 20, SPD Sec. 19, SPL Sec. 20, SPL Sec. 21, SPL Sec. 22, SPL Sec. 23, SPL Sec. 24
(ii) up to the notification that a patent can be granted: amendments or additions to the description and drawing(s) if they are necessary to comply with general requirements under PCT Articles 5 and 7; amendments or additions to the claims, which, unless the Office allows otherwise, must be made by filing a new document comprising all of the claims in sequence; where additions are made to the claims, the applicant must at the same time file a statement indicating the reference basis for these additions.

SE.12 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51, SPL Sec. 38, SPL Sec. 75, SPD Sec. 58b
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged, within two months from the date of the decision, with the Patent and Market Court.

SE.13 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2)
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

SE.14

SPL Sec. 72, SPL Sec. 73
Reestablishment of rights may be requested where the applicant, in spite of all due care required by the circumstances, was unable to observe a time limit before the Office, default of which is prejudicial to his rights. A request for reestablishment must be presented in writing within two months after the removal of the cause of the failure to perform the action but not later than one year from the expiration of the time limit which has not been observed. Within the said two months, the omitted action must be completed, the fee for reestablishment of rights (refer to Annex SE.I) must be paid and the request must state the grounds on which it is based and set out the facts on which it relies.

SE.15

SPL Sec. 15
Resumption of proceedings concerning the application may be requested from the Office where the applicant missed a time limit which has been fixed for a certain action by the Office. Resumption of proceedings may not be requested where the missed time limit is fixed in the PCT and the PCT Regulations. A request for resumption of proceedings has the effect that the proceedings for grant will be resumed, provided that, within four months from the expiration of the missed time limit, the said request is presented in writing, the resumption fee (refer to Annex SE.I) is paid and the omitted act has been completed.

Annexes

Annex SE.I - Fees

Filing fee:

— Entry fee

500 SEK

— Search fee

2,500 SEK

— Claim fee for each claim in excess of 10

150 SEK

Additional fee for late furnishing of translation or copy of the international application

500 SEK

Additional fee (refer to paragraph SE.08)

1,000 SEK

Special additional fee insofar as the application relates to an invention which has not been searched or, in the case of Chapter II of the PCT, not examined during the international phase

3,000 SEK

Grant fee:

— basic fee

2,500 SEK

— additional fee for each claim added after the filing of the application, if the number of claims then exceeds the number for which a filing fee has been paid

150 SEK

Resumption fee

1,000 SEK

Fee for reestablishment of rights

1,000 SEK

Fee for restoration of the right of priority

1,000 SEK

Annual fees:

— for the the first two years

None

— for the 3^rd year

1,500 SEK

— for the 4^th year

1,600 SEK

— for the 5^th year

1,800 SEK

— for the 6^th year

2,000 SEK

— for the 7^th year

2,200 SEK

— for the 8^th year

2,600 SEK

— for the 9^th year

2,900 SEK

— for the 10^th year

3,200 SEK

— for the 11^th year

3,600 SEK

— for the 12^th year

4,000 SEK

— for the 13^th year

4,500 SEK

— for the 14^th year

4,900 SEK

— for the 15^th year

5,300 SEK

— for the 16^th year

5,700 SEK

— for the 17^th year

6,100 SEK

— for the 18^th year

6,500 SEK

— for the 19^th year

6,900 SEK

— for the 20^th year

7,300 SEK

Supplement for late payment

20% of the applicable annual fee

How can payment of fees be effected?

The payment of fees has to be effected in Swedish kronor. All payments must indicate the national application number (however, if that number is not yet known, the international application number may be used), the name of the applicant and the category of fee being paid

Payment may be effected:

(i) by e-service for electronic payments at:
http://www.prv.se

(ii) by deposit account at the Office

(iii) by Bankgiro to 5050-0248

Payments made outside Sweden should be effected by transfer to:
Danske Bank Sverige
Norrmalmstorg 1
Box 7523
103 92 Stockholm

IBAN
SE 6912 000 0000 1281 011 1758

BIC/Swift
DABASESX

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex SE.II - National processing request form

Annex SE.III - Power of attorney

Annex SE.IV - Deed of transfer

Processing

SE - Sweden
Swedish Intellectual Property Office (PRV)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex D - International Searching Authority

Annex SISA - International Searching Authority (Supplementary Search)

Annex E - International Preliminary Examining Authority

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

SE - Sweden Swedish Intellectual Property Office (PRV)

Error Information Warning Confirmation

SE - Sweden
Swedish Intellectual Property Office (PRV)