Ensuring exclusive rights through ingenious solutions

Our patent services

Bjerkén Hynell has extensive experience in managing patent matters and assisting clients in areas such as:

• assessing whether patent protection is possible and advising clients on ways to proceed,
• drafting and filing patent applications in Sweden, at the EPO and through the PCT;
• monitoring and responding to communications from patent offices,
• assessing patent infringements,
• representing clients during disputes concerning their inventions or patents, such as in cases of attempted patent invalidation or patent infringements,
• validating European patents in Sweden,
• monitoring time limits, such as for annual fees, conducting monitoring of competitor’s patents and applications,
• developing appropriate patent strategies for companies.

What is required for registering a patent?

In order to obtain a patent registration, an invention needs to meet three criteria:

1. The invention must be new (novelty). This requirement states that the inventor must not have shown the invention publicly or described it in any publication before the patent application is filed. It is also important that prior to the filing of the patent application, the inventor does not discuss the invention with others who are not subject to a confidentiality agreement.
2. The invention must fulfill the requirement of an inventive step. This means that it should differ essentially from the prior art.
3. The invention must be industrially applicable, meaning that it must be technical in nature and effect, and be replicable.

For how long does patent protection last?

In Sweden and most other countries a patent is granted for 20 years from the date of filing a patent application. Annual fees are to be paid to the patent authorities to maintain the granted patent. Upon expiration and cessation of the rights, others may freely use the patented technology.

Our areas of technical expertise

We may help you regardless of the technical area of your patent. Visit the pages of our patent attorneys or contact us if you wish to know their specific technical expertises.

Authorized Patent Attorneys

The patent engineers at Bjerkén Hynell are authorized patent attorneys in Sweden and, in many cases, also qualified European patent attorneys. They bring long experience and expertise in drafting and filing patent applications, both nationally and internationally.

National patent applications

IIn Sweden a patent application must be filed at the Swedish Patent and Registration Office (PRV), where the invention, as defined in the application, will be examined to assess whether it fullfils all the patent requirements.

Patents may also be obtained in Sweden through filing an application at the EPO. A similar examination to that of PRV is carried out by the EPO, and once the patent is granted, it also becomes valid in Sweden if the applicant so desires.

The formal rules and regulations regarding patents and patent applications in Sweden are dictated by the Swedish Patents Act. These are in accordance with European regulations, which in turn are aligned with EU laws.

International patent applications

Sweden has adopted international conventions that protect inventions within the intellectual property sphere. The Paris Convention, the International Patent Cooperation Treaty (PCT) and the European Patent Convention (EPC) enable an applicant to proceed with an application in several other countries within one year of the original patent application being filed in Sweden by claiming priority. The EPC allows the grant of a patent for all the EPC contracting European states.

‍Patent infringements and disputes

Bjerkén Hynell have the legal expertise and experience necessary for handling all types of patent disputes and infringements related to intellectual property.

Intellectual property disputes can arise for various reasons and may occur both before and after the registration of a right. The disputes may involve patent infringement issues, unauthorized use of patented technology, or declarations of invalidity/oppositions. Regardless of the nature of the patent dispute, Bjerkén Hynell can, through our experience and expertise, represent our clients and defend their rights and interests – both outside and in court.

We assist our clients in

Vi kan bland annat hjälpa dig med att:

• assessing patent infringements,
• handling all types of IP infringements, including patent, trademark, design, or copyright infringements,
• developing strategies to combat misuse or imitation of patented solutions,
• defending exclusive patent rights through cease-and-desist letters and formal legal actions,
• representing clients in court proceedings involving patent disputes,
• managing patent infringements and disputes internationally through our trusted global network of IP professionals.

‍Marketing and competition law

We also support clients with marketing law matters, such as misleading claims that involve patented technologies or products, and competition law issues, including the unauthorized use or spread of trade secrets.

‍Do you need help with a patent dispute?

Our attorneys and litigators will help you handle patent infringements and disputes of all types. Contact us today.