HOW TO FILE A PATENT

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Patent protection is often essential to ensure a successful return on the investments made in an invention. Therefore, pending or existing patents is one of the key components a potential investor will look for before investing in a Company.

Patent registration is possible in three ways: (1) national registration, (2) European registration and (3) international patent registration.

  1. A national patent registration is valid in the country chosen. An application is filed at the local registration agency. In Sweden, this is the Swedish Patent and Registration Office (Sw. Patent- och Registreringsverket, “PRV”). A national patent obtains a national protection. The exclusivity offered by a Swedish patent is therefore limited to Sweden.
  2. A European patent is governed by the European Patent Convention (EPC) which is an agreement between 30 European countries. The EPC makes it possible to apply for a European patent at the European Patent Office (EPO) located in Munich, The Hague and Berlin. A European patent is valid in the countries designated in the EPO application. It is thus possible to choose among the 30 member states of the EPC.
  3. The international patent system is governed by the Patent Cooperation Treaty (PCT) administrated by the World Intellectual Property Organisation (WIPO) seated in Geneva, Switzerland. A PCT application does not grant patent rights internationally. Instead, the aim of the PCT-system is to give a preliminary examination of the patentability and a single filing date for the patent in the countries designated. This preliminary examination is done centrally in a selected number of national patent offices. After the preliminary examination, the patent application is examined by the national patent offices in the selected countries in accordance with national legislations.

For further information, please contact David Leffler.

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