Appeals

An applicant whose patent application has been rejected, or an unsuccessful party in an opposition case, can appeal against the decision within two months.

The appeal should be addressed to the national Patent and Market Court (Patent- och marknadsdomstolen), but sent to PRV, and state why the decision is considered to be incorrect. Any amended patent claims should be attached.

Review by PRV

Provided the decision has been appealed within the time limit, the procedure begins with a review by PRV. We will alter the decision if we agree that it was incorrect. If not, we will refer the case to the national Patent and Market Court (Patent- och marknadsdomstolen). Opposition cases are, however, transferred to the Patent and Market Court without prior review, provided the appeal has been filed in time.

The Patent and Market Court

The national Patent and Market Court (Patent- och marknadsdomstolen, PMD), a division of the District Court of Stockholm, tries PRV's decisions. PMD's decisions may, in turn, be appealed to the national Patent and Market Court of Appeal.

The Patent and Market Court of Appeal

After leave to appeal, the national Patent and Market Court of Appeal (Patent- och marknadsöverdomstolen, PMÖD), a division of Svea Court of Appeal, retries the decisions of PMD. Where PMÖD finds there is a legal precedent, the court may give permission to appeal to the highest judicial body for patent cases, the Supreme Court.

The Supreme Court

For an appealed decision to be granted a hearing in the Supreme Court, the case must contribute to the reinforcement of legal security. In practice, therefore, the Patent and Market Court of Appeal is the highest appellate court in most patent cases.

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