Comprehensive Guide to Industrial Design Protection in Sweden
Navigating Industrial Design Protection in Sweden: Requirements and Processes
Sweden offers a clear and structured legal framework for industrial design protection under the supervision of the Swedish Patent and Registration Office (PRV). This article provides a detailed overview of the documentation requirements, filing procedures, examination process, and renewal regulations for design applications in Sweden, aiming to assist applicants in understanding the country’s registration system and ensuring smooth compliance with official standards.
Authority:
Swedish Patent and Registration Office (PRV), www.prv.se
Terms of Protection:
Valid for an initial period of 5 years, renewable up to 4 additional times**, with a maximum total term of 25 years. Spare Parts Eligible for protection for a maximum of 15 years.
Filing Deadline:
Paris Convention applications must be filed within 6 months from the earliest priority date.
Required Documents:
- Representations / Pictures
- Brief description
- Certified copy of priority document (DAS available)
- Ownership Statement / Employment Statement / Priority Assignment
- Power of Attorney (scanned copy)
Process & Procedure:
PRV conducts only formality examination for industrial design applications. The office reviews new filings within 8–10 weeks after submission. Applicants may request a 6-month publication delay at the time of filing. If they wish to shorten this delay, they may write to PRV indicating the preferred earlier publication date. Any person may submit a written opposition within 2 months from the date the design is registered. If the applicant fails to respond within the time limit set by PRV, a request for reinstatement of rights may be filed within 2 months after the expiry of that period. If dissatisfied with PRV’s decision, the applicant may appeal to the Patent and Market Court (PMC).
- Once a design application has been filed, no amendments are permitted. Any modification must be submitted as a new design application.
- PRV does not examine whether a design constitutes a spare part. Therefore, determining whether the design is eligible for 15-year or 25-year protection is entirely at the applicant’s discretion.
- A design may be represented using only one form of image - either photograph or illustration.
- If photographs are used, the background must be neutral and free of other objects.
- Images must not contain shadows or any elements that obscure the actual product.
- The color shown in the image defines the scope of protection.
- Registration applies only to the appearance as filed on the application date; no subsequent changes or additions of products are allowed.
- Image specifications:
- Formats: JPG, PNG, or GIF
- Maximum file size: 4 MB
- Image dimensions: minimum 800 × 600 pixels, maximum 2010 × 2835 pixels
- Print resolution: at least 300 dpi
- Applicants may request delayed publication for up to six months.
Grace Period for Novelty:
- Disclosure made within 12 months before the filing date will not destroy novelty if it originated from the designer.
Grant and Renewal Maintenance Fee:
- No grant fee is charged for design registration.
- Renewal fees are due every 5 years, payable within a 6-month grace period after the due date (with surcharge). Applicants may also choose to pay renewal fees for multiple periods upfront upon filing.
Granting Time:
- The average registration time for design applications is 3 - 4 weeks.
Conclusion
Sweden’s industrial design system emphasizes procedural clarity, allowing applicants to secure protection efficiently through PRV’s straightforward formal examination process. With options for delayed publication, flexible renewal payments, and a reasonable 25-year maximum protection term, Sweden remains a favorable jurisdiction for safeguarding industrial designs within Europe.
