After your patent has been granted and published in the Swedish Patent Gazette, anyone has the opportunity to oppose it for nine months. If we believe such an opposition is justified, we can revoke the patent or grant it with amended wording.

An opposition can be made on the following grounds:

• The patent has been granted despite the basic conditions not being met: the invention may lack novelty, inventive step or industrial applicability. The patent may have be granted to someone who was not entitled to it.
• The invention has not been described clearly enough for an expert to be able to practise using it.
• The patent concerns things which were not clear from the application when it was first made.

If you want to oppose someone else's patent, you must do so in writing to us within the opposition period. The opposition letter must state on which ground or grounds you base your opposition. It must also be signed by you or your agent.

The opposition is examined by us at PRV. As the patent owner, you are allowed to read the opposition and all the documents which the opponent has submitted. You then have the opportunity to respond in writing to the opposition. When the opposition case has been examined and the parties have put forward their views, we make a decision on the matter.

The are three possible outcomes:

• PRV revokes the patent
• PRV rejects the opposition
• PRV maintains the patent with amended wording

More information

Information leaflet “Opposing a patent” (42 Kb)
Information leaflet “The opposition procedure” (48 Kb)