Scandinavia: Update regarding employee inventions in Sweden

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Scandinavia: Update regarding employee inventions in Sweden

A new collective agreement on employee inventions, negotiated between two major parties of the Swedish labour market, the Confederation of Swedish Enterprise (Svenskt Näringsliv) and the Council for Negotiation and Cooperation (PTK – being a body of 25 trade unions), has recently entered into force in Sweden. The new agreement, commonly known as The Inventor Agreement, applies to employee inventions reported to the employer as of December 1 2015.

With the exception of a provision regarding an employee's right to fair compensation, Swedish legislation on employees' inventions is non-mandatory. In practice, The Inventor Agreement is the applicable legal framework for governing under what conditions the rights to patentable employee inventions are transferred to the employer. The agreement applies to those parties bound by the agreement, being a significant proportion of Swedish companies engaged in R&D.

Although the re-negotiated agreement to a large extent is identical to the former agreement, a few notable changes have been made.

Firstly, significantly higher compensation levels to employees are recommended and have been linked to an officially indexed amount established yearly. This year's recommended minimum amount is approximately €2,200. Furthermore, the ultimate time limit for initiating legal action to solve a dispute concerning compensation has been changed to being calculated 10 years from the patent application date, rather than 10 years from the reporting date of an invention to the employer. A new special arbitration tribunal to settle disputes regarding compensation has been established and a possibility to request a maximum of four years stay of proceedings has been introduced in order to facilitate the establishment of a disputed invention's value. A final novelty worth mentioning is that unlike other arbitration tribunals, summaries of the arbitration awards will be made publicly available, thus providing some kind of case law from these cases.

Eilenberg

Marcus Eilenberg


ZaccoArne Jacobsens Alle 15DK-2300 Copenhagen S DenmarkTel: +45 39 48 80 00Fax: +45 39 48 80 80contact@zacco.comwww.zacco.com

more from across site and SHARED ros bottom lb

More from across our site

Lawyers at Carpmaels & Ransford explain how the healthcare sector has not simply participated in the UPC’s early years, but actively shaped it
The firm has hired former in-house counsel Quintin Cassady to lead the launch of the new office
The combined firm has strong IP credentials across the US, Middle East, UK and Europe, despite Taylor Wessing’s German and French practices not joining
Priya Nagpal, who this month became the firm’s eighth IP partner, says its cross-practice expertise in areas closely linked to IP was a key draw
Harm van der Heijden is to join Ankar as head of patent innovation after 17 years in private practice
Alabama attorney Miya Aladebumoye has launched a new firm built on ‘big law’ experience and a personal touch approach
A UKIPO campaign aimed at combating fakes in the pre-loved fashion market and registration of the first Portuguese craft and industrial geographical indication were also among the top talking points
Chris Adams, Managing IP’s research lead, joins us to explain what practitioners need to know ahead of our first rankings release of 2026
Another IP litigator joins Winston & Strawn in Dallas as firm seeks to keep pace with ‘rapid’ growth of Texas market
Anthony O'Malley will replace Andrew Blattman at IPH, which owns several large IP firms across Australia, Asia and Canada
Gift this article