Swedish Patent Litigation Survey of Small and Medium-sized Enterprises

What are the opinions of small and medium-sized enterprises with experience of Swedish patent litigation? We offer description and analysis from a 2016 interview survey of nine small and medium-sized enterprises that had been involved in Swedish patent litigation on infringement and/or invalidity. Our results show that the companies are of the opinion that the proceedings were too slow and costly. They financed the litigation mainly with their own resources. Insurance played only a minor role. We also find that the proceedings seem to have affected their position in the market in terms of customers, suppliers and banks. Half the small and medium sized companies after the litigation had a reduced propensity to patent and almost all are less inclined to engage in future Swedish patent litigation. The critical nature of most comments is typical, though, for small companies that have been involved in litigation, usually a difficult and disruptive experience for all. It should also be said that the comments predate the introduction of the new Swedish Patent and market courts.