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

Anton Hopen, shareholder at Trenam Law, shares how counsel should construct Section 101 claims as early 2026 PTAB data shows reversals rising in technical cases
Law firms should consider how they can help clients, as report calls on EU to use IP-backed financing to increase bloc’s competitiveness and attractiveness for businesses
In the final part of a series on challenging patent invalidation decisions in China, lawyers at Spruson & Ferguson and Marshall Gerstein share how courts adjudicate appeals
Stijn Debaene and Carina Gommers want Brussels-based Cast Law to be the place 'everybody wants to work'
The combination between Ashurst and Perkins Coie, which will create a $2.8 billion law firm, is expected to close in Q3
While Sipara will continue operating under its existing name and leadership for now, both firms plan to present a united front at the INTA Annual Meeting in London
Sheppard has added quantum and robotics expertise to its AI industry team to help clients navigate questions around inventorship and IP infringement
The 2026 Americas ceremony recognised outstanding firms and practitioners, along with highlighting impact cases of the year
A development concerning Stephen Thaler’s AI copyright application in India and an integration between IPH group firms were also among the top talking points
As concerns around the little-known litigation tool increase, practitioners say they are educating their clients on how it can be most effective
Gift this article