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 2025

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

Licensing chief Patrik Hammarén also reveals that the company will rename its IPR business to better reflect its role in defining standards
The acquisition of Pecher & Partners follows the firm’s earlier expansion into litigation to create a ‘one-stop shop’
News of Via Licensing Alliance launching its first semiconductor patent pool and INTA electing a new president were also among the top talking points
Submit your nominations to this year's WIBL Americas Awards by January 23
The 2026 Life Sciences EMEA Awards is now open for entries. We are looking forward to reviewing and celebrating the industry's most impressive achievements and landmarks from the past year.
The tie-up between Perkins Coie and Ashurst may generate some striking numbers, but independent IP firms need not worry yet, according to practitioners
Perkins Coie’s US patent prosecution strength could provide Ashurst with an opportunity to enter an untapped market in Australia, but it may not be easy
Mitesh Patel at Reed Smith outlines why the US Copyright Office and courts have so far dismissed AI authorship and how inventors can protect AI-generated works
Xia Zheng, founder of AFD China, discusses balancing legal work with BD, new approaches to complex challenges, and the dangers of ‘over-optimism’
A dispute involving semiconductor technology and a partner's move from Hoffman Eitle to Hoyng Rokh Monegier were also among the top talking points
Gift this article