Validation of European patents

A European patent is not actually a regional patent, but rather a number of national patents.

For a European patent to be valid in the countries where it has been granted, it needs to be validated (confirmed) there. Note that this is required also when EPO decides that the patent is maintained in amended version.

In order to validate a patent in Sweden, you must first and foremost have designated Sweden in your EP application. Once the European patent has been granted, you will need to take measures to have it published in Sweden.

Sweden has signed the so-called London Agreement, which means that we largely refrain from requiring a translation of already granted patents into Swedish. However, countries where English, German or French is not an official language may require a translation of the patent claims into their national language. In Sweden, the translated claims serve as information only. The text in the language of proceedings at the EPO alone defines the scope of the patent protection.

We will publish your European patent on the condition that you have paid our publication fee, stated the European patent number and the name and address of the patentee, and filed a Swedish translation of patent claims with PRV, all within three months of the date on which EPO granted the patent. If the patent was granted in German or French, you must also attach a translation of the description into Swedish or English.

Once the patent has been validated in Sweden, it is valid in the same way as were it a granted Swedish patent. This e.g. means that you must pay annual fees to PRV in order to renew your patent.

You can find more information about the validity of European patents in member states under National Law Relating to the EPC.

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Typical examples of validation

Payment of annual fees during validation