Sweden-Selected Compulsory Licensing, Government Use, and Notable Patent Exception Provisions

Patents Act (1994)
(Act No. 837 of 1967, as last amended by Acts Nos. 1406 of 1993 and 234 of 1994)

Chapter 1
General Provisions

1. Anyone who has made an invention which is susceptible of industrial application, or his successor in title, is entitled pursuant to Chapters 1 to 10 of this Act to obtain, upon application, a patent for the invention in this country and thereby acquire an exclusive right to exploit the invention commercially. Provisions concerning European patents are given in Chapter 11.

The following shall never be regarded as an invention: that which is merely

(1) a discovery , scientific theory or mathematical method;

(2) an aesthetic creation;

(3) a scheme, rule or method for performing mental acts, for playing games or for doing business, or a program for computers;

(4) a presentation of information.

Methods for surgical or therapeutic treatment or diagnostic methods, practiced on humans or animals, shall also not be regarded as inventions. This provision does not, however, prevent the granting of patents for products, including substances and compositions of substances, for use in methods of this type.

Patents shall not be granted for

(1) inventions the use of which would be contrary to morality or public order;

(2) plant or animal varieties or essentially biological processes for the production of plants or animals; patents may, however, be granted for microbiological processes and products resulting from such processes.

Chapter 6
Licenses, Assignments, etc.

45. If three years have passed since the patent was granted and, in addition, four years have passed since the patent application was filed and the invention is not worked. in this country to a reasonable extent, anyone who desires to work the invention in this country may obtain a compulsory license to that effect if acceptable excuses for the failure to work the invention are lacking.

On condition of reciprocity, the Government may decree that in applying the first paragraph, working in a foreign country shall be considered equivalent to working in this country .

46. The proprietor of a patent for an invention, the exploitation of which is prevented by a patent owned by another party , may obtain a compulsory license to exploit the invention protected thereby if this is reasonable in view of the importance of the first-named invention or for other particular reasons.

The proprietor of a patent for which a compulsory license has been granted according to the first paragraph may obtain a compulsory license to exploit the other invention, unless there are particular reasons to the contrary.

47. When required by public interests of extreme importance, anyone who desires to make commercial use

of an invention for which another party holds a patent may obtain a compulsory license to that effect.

48. Any person who in this country was commercially exploiting an invention which is the subject of a patent application, when the application documents were made available in accordance with Section 22, shall be entitled, if the application matures into a patent, to obtain a compulsory license for the said use if very special reasons speak in its favor and if he had no knowledge of the application and had not reasonably been able to obtain such knowledge. Under corresponding conditions such right shall also be granted to anyone who has made substantial preparations for commercial exploitation of the invention in this country. Such compulsory license may also apply in respect of a period of time before the patent was granted.

49. A compulsory license may be granted only to a party who may be presumed to have resources to utilize the invention in an acceptable manner and in accordance with the license.

A compulsory license shall not prevent the proprietor of the patent himself from utilizing the invention or from granting licenses. A compulsory license can only be transferred to others together with the business in which it is utilized or is intended to be utilized.

50. Compulsory licenses shall be granted by the Court, which shall also decide to what extent the invention may be utilized and shall establish the remuneration and other terms of the license. When substantially changed circumstances call for it, the Court may, on request, revoke the license or lay down new terms therefor.

Chapter 10
Special Provisions

78. If the country is at war or in danger of war, the Government, when called for in the public interest, may decree that the right to a specific invention shall be surrendered to the State or to another party designated by the Government. Reasonable compensation shall be paid for the right to the invention thus surrendered. If no agreement on the compensation can be reached with the party entitled to compensation, the court shall fix the compensation.

If a party other than the State has availed itself of the right to an invention pursuant to the first paragraph, and if the said party does not fulfill its obligations with regard to compensation, the State shall be obliged to pay the said compensation as soon as this is requested by the party entitled to compensation.