The landscape of intellectual property (IP) and artificial intelligence (AI) regulation in Europe has undergone significant transformations with the introduction of the new Swedish Patent Act, effective from January 1, 2025, and the European Union’s Artificial Intelligence Act (AI Act), which has started implementing key provisions from February 2, 2025. While these legal frameworks govern distinct aspects of innovation and technology, they share common goals: fostering innovation, ensuring fair competition, and protecting both inventors and users. This article provides an in-depth comparison of the new Swedish patent law with its predecessor, analyzes the EU AI Act, and explores the potential intersections between patent law and AI regulations.
Background of Patent Law in Sweden
The 1967 Swedish Patent Act
Before the 2025 reform, Sweden’s patent law was primarily governed by the 1967 Patent Act. This legislation established fundamental principles for patentability, including novelty, inventive step, and industrial applicability. However, over time, several shortcomings became apparent:
- Divergence from European Practices: The structure and terminology of the 1967 Act differed from the European Patent Convention (EPC), leading to inconsistencies in the application of patent rules.
- Fragmented Processes: The requirement for separate applications for multiple inventions within a single submission created inefficiencies.
- Ambiguity in Contributory Infringement: The standards for contributory infringement were loosely defined, making enforcement inconsistent.
- Limited Corrective Measures: Legal actions against infringing products were restrictive, limiting the protection available to patent holders.
- Bureaucratic Hurdles: The obligation to file a power of attorney for patent representatives created unnecessary administrative burdens.
The 2025 Swedish Patent Act
The new patent law aims to modernize Sweden’s intellectual property framework by aligning it with European and international best practices. Key reforms include:
- Harmonization with EPC Standards: The law now adopts the EPC’s structure and terminology, ensuring consistency with the European patent system.
- Streamlined Patent Applications: Applicants can now include multiple inventions in a single application, improving efficiency and reducing costs.
- Revised Contributory Infringement Criteria: The law now requires proof that the provider ”knew or should have known” about the infringement, setting clearer enforcement standards.
- Expanded Corrective Measures: Infringement-related actions now cover all ”products which the infringement concerns,” offering broader protection to patent holders.
- Administrative Simplifications: The requirement for filing a power of attorney has been removed, simplifying patent representation processes.
The EU Artificial Intelligence Act
Overview
The EU AI Act is a landmark legislation that aims to regulate AI development and deployment across the European Union. It classifies AI systems based on their level of risk:
- Unacceptable Risk AI: Systems that pose significant threats to safety and rights (e.g., biometric categorization based on sensitive characteristics) are banned.
- High-Risk AI: AI used in critical sectors like healthcare, law enforcement, and finance must comply with strict transparency and accountability requirements.
- Limited-Risk AI: AI applications such as chatbots and recommendation systems require transparency measures but face fewer restrictions.
- Minimal-Risk AI: AI systems like spam filters and automated translations are subject to minimal regulatory oversight.
Key Provisions
- Transparency and Explainability: AI developers must provide documentation on how AI models function and ensure that high-risk AI is interpretable.
- Accountability and Human Oversight: High-risk AI applications require human monitoring to prevent harm.
- Data Protection and Bias Mitigation: AI models must be trained on unbiased datasets to prevent discriminatory outcomes.
- Enforcement and Penalties: Non-compliance with the AI Act can result in fines of up to 35 million or 7% of the company’s global annual turnover.
Intersection Between the Swedish Patent Law and the EU AI Act
While the Swedish Patent Act and the AI Act govern different areas, there are notable intersections, particularly concerning AI-generated inventions and intellectual property rights.
AI-Generated Inventions and Patentability
One of the most debated issues in contemporary patent law is whether AI-generated inventions should be patentable. Under traditional patent frameworks, an invention must have a human inventor. However, with AI systems increasingly contributing to scientific and technological advancements, the question of AI inventorship has become pressing.
- Old Swedish Patent Law (1967): Did not address AI-generated inventions, as AI was not a significant factor at the time.
- New Swedish Patent Law (2025): While still requiring a human inventor, the law opens discussions on AI-assisted innovation and potential future amendments.
- Patentability of AI inventions: The act specifies that patents can be granted for inventions in all technical fields, which implicitly includes AI-related inventions1.
- Computer program exception: The act introduces an exception to the exclusive right for certain uses of computer programs, which may have implications for AI-related software patents.
- Alignment with EU AI Act: While not directly part of the Patent Act, Sweden is adapting to the EU AI Act, which came into force on August 1, 2024. This alignment influences the broader context of AI regulation in Sweden, including patent-related aspects.
- AI Committee recommendations: The Swedish government appointed an AI Committee to propose measures for strengthening AI development and use in Sweden. Their final report, due in July 2025, may influence future interpretations or amendments to the Patent Act regarding AI
- EU AI Act: Does not directly regulate patentability but mandates transparency in AI development, which could influence patent filings involving AI-generated discoveries.
Intellectual Property Rights in AI Development
The AI Act requires companies to document and disclose AI training processes, which could have implications for patent filings. If an AI-generated invention relies on proprietary training data or algorithms, determining ownership and inventorship may become complex.
Example Case: AI-Generated Drug Discovery
In 2023, an AI system developed a new antibiotic compound. Patent offices worldwide debated whether to grant a patent without a human inventor. The UK and US rejected AI as an inventor, while the EPO ruled that a human must be listed as the inventor. Under the new Swedish Patent Act, such cases may require legal reforms to address AI-assisted discoveries.
Comparative Analysis with Other Jurisdictions
- United States: The USPTO has maintained that only humans can be inventors, rejecting AI-generated patents.
- European Union: The EPO has similarly ruled that AI cannot be credited as an inventor.
- China: China has begun considering legal frameworks for AI-generated patents, showing a more progressive stance.
Challenges and Future Implications
Legal Ambiguities: The lack of clear guidelines on AI-generated patents may lead to inconsistencies in patent granting and enforcement. Legislators may need to introduce supplementary provisions to address this issue.
Ethical Concerns: With AI systems contributing to innovation, concerns arise regarding ownership, accountability, and ethical implications. If corporations claim ownership over AI-generated patents, smaller innovators may face disadvantages.
The Future of AI and Patent Law
As AI continues to evolve, legal frameworks must adapt. Future reforms may include:
- Recognition of AI as a Co-Inventor: Allowing AI-assisted patents with human oversight.
- Special Patent Categories for AI Innovations: Creating a distinct classification for AI-generated inventions.
- Harmonization with Global Standards: Aligning Swedish and EU regulations with emerging international practices.
The new Swedish Patent Act of 2025 incorporates several aspects from EU patent legislation, aligning it more closely with European standards:
- Alignment with EPC and UPC Agreement: The new Swedish Patent Act harmonizes with the European Patent Convention and the Unified Patent Court Agreement, ensuring consistency with broader European patent frameworks.
- Contributory infringement provision: The act now requires that for contributory infringement, a person providing essential means for an invention ”knows or should have known” about their suitability and intended use. This mirrors Article 26 of the UPC Agreement.
- Corrective measures: The scope of corrective measures has been expanded to include ”products which the infringement concerns,” aligning with EU Directive 2004/48/EC on the enforcement of intellectual property rights.
- Multiple invention examination: The new act allows for the search and examination of multiple inventions within a single patent application, reflecting European practices and improving efficiency.
- Clarification of patentability requirements: The act now explicitly defines terms such as novelty, known technology, inventive step, and industrial applicability, aligning with European standards.
- Exceptions to exclusive rights: New exceptions have been introduced for the use of biological material in plant variety development and certain computer program uses, mirroring European approaches.
Conclusion
The new Swedish Patent Act and the EU AI Act represent major steps forward in regulating innovation and AI technology. While they operate independently, their intersection will become increasingly relevant as AI-driven inventions challenge traditional patent frameworks. As Sweden and the EU refine their approaches, further legal clarifications will be necessary to balance innovation, intellectual property rights, and regulatory compliance. Policymakers, businesses, and legal experts must collaborate to ensure that AI’s role in invention is properly recognized while maintaining fairness and competitiveness in the global market.
References:
https://artificialintelligenceact.eu/the-act/
https://link.epo.org/web/legal/guidelines-up/en-up-guidelines-2025-pre-publication.pdf
https://www.epo.org/en/applying/european/unitary/unitary-patent
https://rouse.com/insights/news/2025/new-swedish-patent-act-implements-the-best-of-european-practice
https://www.roschier.com/newsroom/sweden-modernizes-its-patent-system