New Swedish Patent Act

In 2016, Sweden reformed its court system for patent litigations by introducing the specialised Patent and Market Court (PMC) and Patent and Market Appeals Court (PMAC), which are exclusive forums for national Swedish patent litigations (and other IP disputes). This previous reform sought to streamline the proceedings and ensure high quality and expeditious judgments, with judgments in the first instance PMC usually expected within one year from the action being filed. The reform has proven highly successful and already placed Sweden among the few European jurisdictions where a relatively swift judgment can be obtained. 

As a result, the introduction of the 2025 Patents Act further increases the attractiveness of the Swedish patent courts for rightsholders as well as other concerned stakeholders. Through this modernized Act, the stipulation on contributory (i.e. indirect) infringement has been revised to include the requirement that the alleged infringer "knows, or should have known, that those means are suitable and intended for putting that invention into effect." This amendment also aligns with the wording of Art. 26 UPCA. 

Furthermore, in the 2025 Patents Act the requirements for amending patent claims as a defense to initiated invalidation proceedings are clarified. In addition, the Act now clarifies that corrective measures such as recall, destruction, change or detention can also be applied in relation to infringing products that are manufactured legally in another jurisdiction but offered for sale in Sweden (or imported or stored for such purpose). This amendment provides a further enhancement for rightsholders and further harmonizes Swedish law in relation to EU requirements. 

Additionally, the 2025 Patents Act has been subject to significant linguistic and editorial improvements with the introduction of definitions, numbered chapters and so forth to make the Act more accessible and easily applied. 

In conclusion, the 2025 Patents Act is a further step in ensuring that Sweden remains an attractive venue for high-stakes pan-European patent litigation, where the specialized courts routinely render high-quality and swift judgments. By June 2023, the spotlight was shone on Sweden for high-value litigation, with the presence of the Regional Nordic Baltic Division of the UPC, which exists within the confines of the Stockholm District Court, where the PMC is also active. 

Schjødt's cross-border patent team is uniquely placed within the market to advise on all high-value patent litigation with a Scandinavian focus. We are currently engaged in some of the most high-profile patent disputes ongoing before the Swedish and Norwegian patent courts. Furthermore, Schjødt's Stockholm office represents one of the very few Swedish firms that is currently lead counsel in infringement and invalidity proceedings before the Nordic-Baltic Regional Division of UPC.