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VINGE PARTICIPATES IN PROPOSAL FOR A NEW PATENTS ACT

April 24, 2015 Career Intellectual Property

Vinge partner Håkan Borgenhäll has participated as an expert in the Patent Law Revision Committee appointed by the Swedish government.

The background to the new proposal for a new Patents Act is the appointment by the Swedish government in 2012 of a special examiner charged with the task of proposing legislative amendments as a result of the enactment of unitary patent protection in the EU and the new Unified Patent Court.

The examiner’s terms of reference also included proposals for a new patents act and a new ordinance which would be well-arranged and more accessible to the read. The part of the engagement pertaining to the improved European patent system would result in an interim report.

Advokat  Håkan Borgenhäll was appointed as an expert in the Committee on 17 October 2012.

“The proposal for a new Patents Act means that the structure has been completely changed so that this fairly extensive statute will be more accessible to the reader. The language has also been modernized. However, there are no substantial changes to the Swedish patent law. The most important changes relate to European patent law, particularly in relation to a clearer conformity with the EPC (European Patent Convention) but also legislative amendments in respect of the planned Unitary Patent Protection and the new Unified Patent Court,” says Håkan Borgenhäll.

The Committee, which is designated as the Patent Law Revision Committee (Ju 2012:12), submitted its interim report entitled the Patents Act and the European Unitary Patent System (SOU 2013:48) on 18 June 2013. The Committee has now submitted its final report designated as the New Patent Act (SOU 2015:41) and the Law revision Committee’s task is thus complete.

Link to the report:
http://www.sou.gov.se/wp-content/uploads/2015/04/SOU-2015_41_webb.pdf