PATENTS ACT
(Unofficial translation)
No. 550 of December 15, 1967, as amended by Acts No. 575/71 of 2 July 1971, No.
407/80 of 6 June 1980, No. 387/85 of 10 May 1985 , No. 801/91 of 10 May 1991, No.
577/92 of 26 June 1992, No. 1034/92 of 13 November 1992, No. 1409/92 of 18
December 1992, No. 593/94 of 28 June 1994, No. 717/95 of 21 April 1995, No. 1695/95
of 22 December 1995, No. 243/97 of 21 March 1997, No. 650/00 of 30 June 2000, No.
990/04 of 19 November 2004, No. 896/05 of 18 November 2005, 295/06 of 21 April
2006 and 684/2006 of 21 July 2006.
Chapter 1
General Provisions
Section 1 (30.6.2000/650)
Anyone who has, in any field of technology, made an invention which is susceptible of
industrial application, or his or her successor in title, is entitled, on application, to a
patent and thereby to the exclusive right to exploit the invention commercially, in
accordance with this Act.(18.11.2005/896)
The following, as such, shall not be regarded as inventions:
(1) Discoveries, scientific theories and mathematical methods;
(2) aesthetic creations:
(3) schemes, rules and methods for performing mental acts, playing games or doing
business, and programs for computers;
(4) presentations of information.
Methods for surgical or therapeutic treatment or diagnostic methods, practiced on
humans or animals, shall not be regarded as inventions. This provision shall not,
however, preclude the grant of patents for products, including substances and
compositions, for use in any of these methods.
Patents shall not be granted for plant or animal varieties. Inventions which concern
plants or animals shall nevertheless be patentable if the technical feasibility of the
invention is not confined to a particular plant or animal variety. The concept of plant
variety within the meaning of this Act is defined by Article 5 of Council Regulation
(EC) No 2100/94 on Community plant variety rights.
Patents shall not be granted for essentially biologial processes for the production of
plants or animals. For the purposes of this Act a process for the production of plants or
animals shall be considered essentially biological if it consists entirely of natural
phenomena such as crossing or selection. What is said above shall be without prejudice
to the patentability of inventions which concern a microbiological or other technical
process or a product obtained by means of such a process. For the purposes of this Act
'microbiological process' means any process involving or performed upon or resulting in
microbiological material.
Inventions shall be patentable even if they concern a product consisting of or containing
biological material or a process by means of which biological material is produced,
processed or used. Biological material which is isolated from its natural environment or
produced by means of a technical process may be the subject of an invention even if it
previously occurred in nature. For the purposes of this Act 'biological material' means
any material containing genetic information and capable of reproducing itself or being
reproduced in a biological system.
Section 1 a (30.6.2000/650)
The human body, at the various stages of its formation and development, and the simple
discovery of one of its elements, including the sequence or partial sequence of a gene,
cannot constitute patentable inventions.
An element isolated from the human body or otherwise produced by means of a
technical process, including the sequence or partial sequence of a gene, may, without
prejudice to the provisions of subsection (1), where the requirements for patentability
are fulfilled, constitute a patentable invention, even if the structure of that element is
identical to that of a natural element.
Section 1 b (30.6.2000/650)
Patents shall not be granted for inventions the commercial exploitation of which would
be contrary to ordre public or morality.
The commercial exploitation of an invention may not be considered to be contrary to
ordre public or morality merely because it is prohibited by law or regulation.
For the purposes of subsection (1), the following inventions, in particular, shall be
considered unpatentable:
1) processes for cloning human beings;
2) processes for modifying the germ line genetic identity of human beings;
3) uses of human embryos for industrial or commercial purposes;
4) processes for modifying the genetic identity of animals which are likely to cause them
suffering without any substantial medical benefit to man or animal, and also animals
resulting from such processes.
Section 2 (6.6.1980/407)
Patents may only be granted for inventions which are new in relation to what was known
before the date of filing of the patent application and which also differ essentially from
them. (18.11.2005/896)
Everything made available to the public in writing, in lectures, by public use or
otherwise is considered as known. Also, the contents of a patent application filed in this
country before said filing date are considered as known if that application becomes
available to the public pursuant to Section 22. Similarly, the contents of a utility model
application filed in this country before the filing date of the patent application are
deemed to have become known if the utility model application becomes available to the
public pursuant to Section 18 of the Act on Utility Model Rights (800/1991). The
condition in subsection (1) that the invention must differ essentially from what was
known before the filing date of the patent application, does not, however, apply in
respect of the contents of such patent or utility model applications. (18.11.2005/896)
Applications referred to in Chapter 3 shall, for the purposes of subsection (2), in certain
cases have the same effect as patent applications filed in this country, pursuant to
provisions laid down in Sections 29 and 38.
The provision in subsection (1) above, requiring that an invention be new, shall not
preclude the grant of patents for known substances or compositions for use in a method
referred to in Section l (3), provided that the use of the substance or composition is not
known for such method.
Patents may be granted, however, for inventions made available to the public within the
six months preceding the filing date of the application if disclosure was the result of:
(1) an evident abuse in relation to the applicant or his predecessor in title; or
(2) the fact that the applicant or his predecessor in title had displayed the invention at an
official, or officially recognized, international exhibition falling within the terms of the
Convention on International Exhibitions signed at Paris on November 22, 1928 (Finnish
Treaty Series 36/37).
Section 3 (6.6.1980/407) The exclusive right conferred by a patent shall imply, with the
exceptions stated below, that no one may exploit an invention, without the proprietor's
consent, by:
(1) making, offering, putting on the market or using a product protected by the patent, or
importing or possessing such product for these purposes;
(2) using a process protected by the patent, or offering such process for use in this
country if he knows or if it is evident from the circumstances that the use of the process
is prohibited without the consent of the proprietor of the patent;
(3) offering, putting on the market or using a product obtained by a process protected by
the patent or importing or possessing such product for these purposes.
A patent shall also confer on its proprietor the exclusive right to prevent any person not
having his consent from supplying or offering to supply any person not entitled to
exploit the invention with the means of working the invention in this country in relation
to an essential element of the invention where such other person knows, or where it is
evident from the circumstances, that the means are suitable and intended for working the
invention. This provision shall not apply where the means are staple commercial
products, except where such other person attempts to induce the receiver to commit any
of the acts referred to in the first subsection of this section. For the purposes of this
subsection, any person using the invention in a manner referred to in subsection (3),
item (1), (2) or (4), shall not be regarded as entitled to exploit the invention.
The exclusive right shall not apply to:
(1) use which is not commercial;
(2) use of a patented product that has been put on the market within the European
Economic Area by the proprietor of the patent or with his consent; (18.12.1992/1409)
(3) use in experiments relating to the invention as such;
(4) examinations or experiments or measures arising from practical demands which are
needed for an application to obtain a marketing authorisation for a medicinal product
and which relate to the invention concerning that medicinal product (21.4.2006/295); or
(5) preparation in a pharmacy of a medicine prescribed by a physician in individual
cases or treatment given with the aid of a medicine so prepared.
Section 3 a (30.6.2000/650)
The protection conferred by a patent on a biological material possessing specific
characteristics as a result of the invention shall extend to any biological material derived
from that biological material through propagation or multiplication in an identical or
divergent form and possessing those same characteristics.
The protection conferred by a patent on a process that enables a biological material to be
produced possessing specific characteristics as a result of the invention shall extend to
biological material directly obtained through that process and to any other biological
material derived from the directly obtained biological material through propagation or
multiplication in an identical or divergent form and possessing those same
characteristics.
The protection conferred by a patent on a product containing or consisting of genetic
information shall extend to all material, save as provided in subsection (1) of Section 1
a, in which the product is incorporated and in which the genetic information is contained
and performs its function.
The protection referred to above shall not extend to biological material obtained from
the propagation or multiplication of biological material placed on the market in the
territory of the European Economic Area by the holder of the patent or with his consent,
where the multiplication or propagation necessarily results from the application for
which the biological material was marketed, provided that the material obtained is not
subsequently used for other propagation or multiplication.
Section 3 b (30.6.2000/650)
By way of derogation from the provisions of Section 3 a, subsections (1) to (3), the sale
or other form of commercialisation of plant propagating material to a farmer by the
holder of the patent or with his consent for agricultural use implies authorisation for the
farmer to use the product of his harvest for propragation or multiplication by him on his
own farm, the extent and conditions of this derogation corresponding to those under
Article 14 of Council Regulation (EC) No 2100/94 on Community plant variety rights.
By way of derogation from the provisions of Section 3 a, subsections (1) to (3), the sale
or any other form of commercialisation of breeding stock or other animal reproductive
material to a farmer by the holder of the patent or with his consent implies authorisation
for the farmer to use the protected livestock for an agricultural purpose. This includes
making the animal or animal reproductive material available for the purposes of
pursuing his agricultural activity but not sale within the framework or for the purpose of
a commercial reproduction activity.
More specific regulations concerning the contents and implementation of the derogation
provided for in subsection 2 may be decreed by the Government where necessary.
Section 4
Any person who, at the time the patent application was filed, was commercially
exploiting the invention in this country may continue to do so, notwithstanding the grant
of a patent, provided that the general nature of such previous exploitation is maintained
and that the exploitation does not constitute an evident abuse in relation to the applicant
or his predecessor in title. Such right of exploitation shall also be afforded, subject to the
same conditions, to any person who has made substantial preparations for commercial
exploitation of the invention in this country.
The right afforded under subsection (1) above can only be transferred to other parties
together with the business in which it originated or in which exploitation was intended
to take place.
Section 5
Notwithstanding the patent, an invention may be exploited on foreign vessels, aircraft or
other means of transport for their own needs when temporarily entering Finland in
regular traffic or otherwise.
The Government may decree that, notwithstanding the grant of a patent, spare parts and
accessories for aircraft may be imported into the country and used here for the repair of
aircraft belonging to a foreign State in which corresponding privileges are granted in
respect of Finnish aircraft.
Section 6 (6.6.1980/407)
A patent application relating to an invention disclosed not earlier than 12 months before
the date of filing in an application for a patent or a utility model filed in Finland or in an
application for a patent, an inventor's certificate or utility model protection filed in
another state party to the Paris Convention for the Protection of Industrial Property
(Finnish Treaty Series 36/10 and 43/15) or to the Agreement Establishing the World
Trade Organization (Finnish Treaty Series 5/95) shall be deemed, for the purposes of
subsections (1), (2), (4) and (5) of Section 2 and of Section 4, to have been filed at the
same time as the earlier application, if the applicant so requests. Such priority may also
be enjoyed under an earlier application for protection filed in a state not party to the
above agreements, if the corresponding priority deriving from a Finnish application is
granted in such state and if the laws of such state substantially conform to the above
agreements. (18.11.2005/896)
The Government, or a patent authority appointed by the Government, shall lay down the
manner in which priority claims shall be filed and the documents to be submitted in
support of claims. Where such requirements are not satisfied, priority shall not be
granted.
Chapter 2
The Processing of Patent Application and the Opposition Procedure
(21.3.1997/243)
Section 7 (6.6.1980/407)
"Patent Authority" shall mean the Patent Authority of Finland unless otherwise stated.
The Patent Authority of Finland is the National Board of Patents and Registration of
Finland, pursuant to provisions laid down separately.
Section 8
Applications for patents shall be filed in writing with the Patent Authority or, in the
cases referred to in Chapter 3, with the patent authority of another country or with an
international organization.
The application shall contain a description of the invention, together with drawings
wherenecessary, and a precise statement of the subject matter for which patent
protection is sought (one or more claims). The fact that the invention relates to a
chemical compound shall not mean that a specific use must be disclosed in the claim.
The description shall be sufficiently clear to enable a person skilled in the art, with the
guidance thereof, to carry out the invention. An invention relating to a biological
material or involving the use of biological material when being carried out shall be
regarded, in the cases referred to in section 8a, as disclosed with sufficient clarity only if
the requirements set out in that section are also satisfied. (30.6.2000/650)
An application shall also contain an abstract of the description and claims. The abstract
shall merely serve for use as technical information and may not be taken into account for
any other purpose.
The inventor's name shall be stated in the application. If a patent is applied for by a
person other than the inventor, the applicant shall be required to prove his title to the
invention.
The description, abstract and claims shall be written in Finnish or Swedish in
compliance with the language laws in force. If the abstract and the claims are written in
one only of the two national languages, the Patent Authority shall have the abstract and
the claims translated into the other national language before the application is made
available to the public under Section 22 (2). The applicant shall pay the prescribed
translation fee. Where the applicant is a foreigner, the description shall be written in
Finnish and the abstract and the claims in Finnish and Swedish. However, all applicants
shall be entitled to write the description, abstract and claims in both languages.
The applicant shall pay the prescribed application fee. The prescribed renewal fee shall
also be paid for the application in respect of each year that has begun before a final
decision is given on the application. (10.5.1985/387)
A fee year shall be computed the first time from the day when the application was filed
or is deemed to have been filed, and thereafter from the corresponding calendar day.
(10.5.1985/387)
Section 8 a (30.6.2000/650) Where an invention concerns biological material or the
carrying out thereof involves the use of a biological material which neither is available
to the public nor can be described in the application documents in such a manner as to
enable a person skilled in the art to carry out the invention, a sample of the biological
material shall be deposited no later than on the date the application was filed. The
biological material shall be continuously on deposit thereafter so that any person entitled
under this Act to a sample of the deposited material may have the sample furnished in
Finland. The Government shall decree where deposits may be made.
If a deposited biological material ceases to be viable or if samples of the material cannot
be furnished for other reasons, it may be replaced by a new deposit of the same
biological material, as decreed by the Government. Once this has been done, the new
deposit shall be deemed to have been made on the date of the previous deposit.
Section 8 b (18.11.2005/896)
The Patent Authority must accord a filing date for a patent application, if:
(1) the application contains an indication that its elements are intended to be a patent
application;
(2) the application contains indications allowing the identity of the applicant to be
established or allowing the applicant to be contacted by the Authority; and
(3) the documents submitted on filing the application contain anything that can be
regarded as a description or a drawing, or the application contains a reference to an
earlier filed patent or utility model application and the applicant has submitted
information on the filing date of the patent or utility model application, the serial
number and the patent authority with which the application was filed.
If the applicant has not complied with the provisions of subsection (1) for being
accorded a filing date for the application, the applicant is invited to correct the
deficiencies within a time limit laid down by the Patent Authority. If the applicant fails
to correct the deficiencies within that time limit or if the Authority has failed to contact
the applicant within two months of the receipt of the application, the application is
deemed not to have been filed.
If the applicant, to be accorded a filing date, has, within the time limit provided in
subsection (2), corrected all deficiencies contained in the application, the date on which
all deficiencies have been corrected will be taken to be the filing date.
Section 8 c (18.11.2005/896)
If an application which has been filed in compliance with the provisions of section 8b is
defective and the Patent Authority finds that an element or elements of the description or
the drawings to which reference is made in the description or the patent claims are
missing, the applicant is invited to supplement his or her application within the limit laid
down by the Patent Authority. If the missing elements are furnished within that time
limit, the date on which all deficiencies have been corrected will be taken to be the filing
date, unless otherwise specified in subsections (2) and (3).
If the subsequently furnished elements referred to in subsection (1) are cancelled within
one month from the date of furnishing, the original filing date will be taken to be the
filing date.
If the missing elements are furnished in compliance with the provisions of subsection (1)
and priority is claimed from an earlier application and the missing elements in their
entirety appear from that application, the date of the initial filing will be taken to be the
filing date, if the applicant so requests and submits a copy of the application given as the
basis of priority within the time limit laid down in subsection (1).
Section 9 (6.6.1980/407)
If the applicant so requests and pays the prescribed fee, the Patent Authority shall, under
conditions laid down by Government decree, arrange for a novelty search by the
International Searching Authority under Article 15(5) of the Patent Cooperation Treaty
done at Washington on June 19, 1970.
Section 10
A patent may not be applied for in respect of two or more inventions that are
independent of one another in the same application.
Section 11
If a patent is applied for in respect of an invention disclosed by the applicant in an
earlier application on which no final decision has been given, the later application shall,
at the request of the applicant and on the conditions laid down by the Government, be
deemed to have been filed at the time the documents disclosing the invention were filed
with the Patent Authority.
Section 12
An applicant not domiciled in the country shall be required to appoint a representative
residing in the European Economic Area to represent him in matters concerning the
application. (30.6.2000/650)
If it has not been possible to notify the applicant at the address he has furnished of a
decision taken in respect of a patent application, notification can be effected by
publishing an announcement in respect of the matter in the patent gazette published by
the National Board of Patents and Registration. Such notification is deemed to have
been effected once the action mentioned above has been taken. (21.3.1997/243)
Section 13 (21.3.1997/243)
An application for a patent may not be amended in such a way that protection is claimed
for matter not disclosed in the application at the time it was filed.
Section 14 Repealed 21.3.1997/243
Section 15
If the applicant fails to satisfy the requirements for the application or if the Patent
Authority has other objections to acceptance of the application, the applicant shall be
notified thereof by official action and be invited to file his response or to correct the
application within the specified period of time. The Patent Authority may, however,
make such changes to the abstract as it deems necessary without consulting the
applicant. (6.6.1980/407)
If the applicant fails to file observations or take steps to correct the application within
the period of time laid down, the application shall be dismissed. The official action shall
include a notice to that effect.
A dismissed application may be reinstated if, within four months of the expiration of the
time limit, the applicant files observations or takes steps to correct the application and,
within the same period of time, pays the prescribed reinstatement fee.
If the applicant fails to pay the renewal fee under Sections 8, 4l and 42, the application
shall be dismissed without official notification. Applications dismissed for such reason
may not be reinstated. (10.5.1985/387)
Section 16
If, after the applicant has filed his observations, there still remains an obstacle to
acceptance of the application which the applicant has had an opportunity to comment
on, the application shall be rejected, unless there is reason to issue a further official
notification to the applicant.
Section 17
If a person other than the applicant claims before the Patent Authority that he has proper
title to the invention and if the circumstances are held to be uncertain, the Patent
Authority may invite such person to institute proceedings before a court of law within a
period of time to be laid down, failing which the claim may be disregarded in the further
processing of the patent application.
If proceedings for proper title to an invention in respect of which a patent has been
applied for are pending before a court, the patent application may be suspended until a
final decision is given by the court.
Section 18
If a person proves to the Patent Authority that he and not the applicant has proper title to
the invention, the Patent Authority shall, if such person so requests, transfer the
application to him. The transferee shall pay a new application fee.
If a request is made for transfer of a patent application, the application shall not be
dismissed, rejected or granted until a final decision has been taken on the request.
Section 19 (21.3.1997/243)
If the application satisfies the formal requirements and no obstacle is found to
acceptance of the application, the patent authority shall notify the applicant that the
application can be accepted.
Once the notice referred to in subsection (1) has been given to the applicant, no request
may be filed under Section 11, nor may the patent claims be altered in such a way as to
extend the scope of protection.
The applicant shall pay the prescribed printing fee within two months from the date on
which he was given the notice pursuant to subsection (1). Failing that, the application
shall be dismissed. However, examination may be resumed if, within four months of the
expiration of the prescribed time limit, the applicant pays the printing fee together with
the prescribed reinstatement fee.
If an application for a patent is filed by an inventor and if, within two months of the date
on which he was given the notice pursuant to subsection (1), he requests exemption from
payment of the printing fee, the Patent Authority may grant said exemption if the
applicant is considered to have great difficulty in paying the fee. If the request is
rejected, a fee paid within two months thereafter shall be deemed to have been paid on
time.
Section 20 (21.3.1997/243)
Once the applicant has done what is required of him under Section 19, the Patent
Authority shall accept the application, provided that there is still no obstacle. The
acceptance of the application shall be announced.
A patent has been granted on the day the acceptance of the application is announced. A
granted patent shall be recorded in the Patent Register kept by the Patent Authority.
Letters patent shall be issued to the proprietor of the patent.
Section 21 (21.3.1997/243)
From the date on which the patent is granted, copies of the printed patent specification
containing the description, claims and abstract, and giving also the names of the
proprietor of the patent and the inventor, shall be obtainable from the Patent Authority.
Section 22
The documents concerning a patent shall be available to the public as from the date on
which the patent was granted. (21.3.1997/243)
Eighteen months after the filing date of the application or, if priority is claimed, the
priority date, the documents shall be made available to the public regardless of whether
the patent has been granted yet. If the application has been dismissed or rejected, the
documents shall be made available to the public only if the applicant requests
reinstatement of his application, lodges an appeal or submits a request under Sections
71a or 71 b. (21.3.1997/243)
At the request of the applicant, the documents shall be made available earlier than
provided in subsections (1) and (2) of this Section.
When documents are made available under subsections (2) and (3) above, an
announcement to that effect shall be published.
If a document contains a business secret and if such secret does not concern the
invention for which a patent is sought or granted, the Patent Authority may, on request
and if good reason is given, order that the document shall not be made available. If such
request is made, the document shall not be made available until the request has been
refused by a final decision. (21.3.1997/243)
Where biological material has been deposited under Section 8a, any person shall have
the right to obtain a sample of the biological material once the documents have become
available to the public under subsections (1), (2) or (3). Notwithstanding the above
provision samples will not be issued to any person not allowed by law or other
applicable regulations to handle the deposited biological material. It shall also not imply
that samples may be issued to any person whose handling of the sample can be assumed
to involve an obvious risk in view of the harmful properties of the material.
(30.6.2000/650)
Notwithstanding the provision in the first sentence of subsection (6), samples of a
deposit shall be issued to a special expert only, if the applicant so requests, until a patent
has been granted or
during a period of 20 years from the filing date of the application if a final decision not
resulting in the grant of a patent has been taken on the application. The Government
shall lay down the time limits for making such request and determine who may be called
as an expert by a person wishing to obtain a sample. (21.3.1997/243)
A person wishing to obtain a sample shall submit a request in writing to the Patent
Authority and give an undertaking in the terms laid down by the Government to prevent
misuse of the sample. Where samples may be issued to a special expert only, the
undertaking must be given by such expert. (10.5.1985/387)
Section 23 (21.3.1997/243)
If an application which has been made available to the public is dismissed or rejected,
the decision shall be announced once it has become final.
Section 24 (21.3.1997/243)
Any person may file an opposition against a granted patent. The opposition must be
submitted to the Patent Authority within nine months of the date of the grant of the
patent. The opposition must be filed in writing and specify the grounds on which it is
made.
Where an opposition to the grant of a patent has been filed, the applicant shall be
notified thereof and given an opportunity to make observations on the opposition. A
patent proprietor not domiciled in Finland shall appoint a representative referred to in
Section 12 of the Patents Act for opposition proceedings.
The Patent Authority may, where special circumstances warrant, take the opposition into
account, even if the patent has lapsed or lapses pursuant to Section 51 or even if the
opposition is withdrawn. If the person who filed the opposition withdraws it, he may not
appeal from a final decision taken by the Patent Authority. The Patent Authority shall
take into consideration an opposition filed during the opposition period, even if the
patent has been limited by a final decision before the filing of the opposition.
(18.11.2005/896)
Section 25 (30.6.2000/650)
The Patent Authority shall revoke a patent on account of an opposition:
(1) if the patent relates to an invention that does not satisfy the requirements of Sections
1, 1 a, 1 b or 2;
(2) if the patent relates to an invention the description of which is not sufficiently clear
to enable a person skilled in the art to carry out the invention;
(3) if the patent contains subject matter not included in the application as filed; or
(4) if the scope of protection was extended after the notice referred to in Section 19 (1),
was given.
The Patent Authority shall reject the opposition if there is no obstacle referred to in
subsection (1) to maintenance of the patent.
If the proprietor of the patent has during opposition proceedings amended the patent in
such a manner that there is no obstacle referred to in subsection (1) to maintenance of
the patent as amended, the Patent Authority shall maintain the patent in the amended
form.
If the patent is maintained as amended, the Patent Authority shall keep the amended
patent specification available to the public.
The Patent Authority shall announce a decision taken account of an opposition once the
decision has become final.
Section 26 (21.3.1997/243)
An applicant may appeal against a final decision taken by the Patent Authority on a
patent application if the decision is not in his favour. A patent proprietor or a person
who lodged an opposition may appeal against a final decision taken by the Patent
Authority on account of an opposition if the decision is not in his favour. Such appeal
may be examined, even if the person who lodged the opposition withdraws his appeal,
where special circumstances warrant.
A decision rejecting a request for reinstatement under Section 15 (3) or Section 19 (3) or
a decision granting a request for transfer of an application under Section 18 may be
appealed against by the applicant. A decision rejecting a request for transfer of an
application may be appealed against by the person who made the request.
A decision rejecting a request for an order under Section 22( 5) may be appealed against
by the person who made the request.
Section 27 (21.3.1997/243)
Appeals from final decisions referred to in section 26 must be lodged with the Board of
Appeal of the National Board of Patents and Registration of Finland. Separate
provisions apply to the appealing procedure and the processing of cases in the Board of
Appeal. (18.11.2005/896)
27(2) repealed (18.11.2005/896)
The provisions of Section 22 (5) concerning publicity of documents relating to patents,
apply mutatis mutandis also to documents to be submitted to the Board of Appeal and
the Supreme Administrative Court.
Chapter 3
International Patent Application
(6.6.1980/407)
Section 28 (6.6.1980/407)
"An international application" shall mean an application made under the Patent
Cooperation Treaty.
International applications shall be filed with a patent authority or an international
organization (receiving Office) authorized under the Patent Cooperation Treaty and its
Regulations to receive such applications. The receiving Office in Finland shall be the
National Board of Patents and Registration of Finland, as laid down by Government
decree. Applicants filing an international application in Finland shall pay the prescribed
fee.
Sections 29 to 38 apply to international applications in which Finland is designated.
Section 29 (6.6.1980/407)
An international application to which a receiving Office has assigned an international
filing date has the same effect in Finland as a Finnish application filed on the same date.
The second sentence in Section 2(2) applies only to an international application that has
been pursued under Section 31. (18.11.2005/896)
Section 30 (6.6.1980/407) An international application shall be deemed withdrawn as far
as the designation of Finland is concerned in the cases referred to in Article 24(1)(i) and
(ii) of the Patent Cooperation Treaty.
Section 31 (10.5.1985/387)
Where an applicant wishes to pursue an international application in Finland, he shall file
with the Patent Authority a translation into Finnish or Swedish of the international
application within 31 months of the international filing date or, where priority is
claimed, of the priority date, to the extent prescribed by Government decree, or a copy
of the application where it is written in Finnish or Swedish. The applicant shall pay the
prescribed fee to the Patent Authority within the same period. (19.11.2004/990)
If the applicant has paid the prescribed fee within the time limit laid down in subsection
(1, the required translation or a copy of the application may be filed within a further
period of two months, provided the prescribed additional fee is paid within that same
period.
If the applicant does not satisfy the requirements of this Section, the application shall be
deemed withdrawn as far as Finland is concerned. (19.11.2004/990)
Section 32 has been repealed on 1 January 2005 (990/2004)
Section 33 (6.6.1980/407)
Where an international application has been pursued under Section 31, Chapter 2 shall
apply in respect of the application and examination unless otherwise provided in this
Section or in Sections 34 to 37. However, the application may be taken up for
examination prior to expiration of the period laid down in Section 3l(1) only if so
requested by the applicant. (19.11.2004/990)
The obligation under Section 12 of the applicant to have a representative residing in the
European Economic Area shall not begin until the date when the application may be
taken up for prosecution. (30.6.2000/650)
Section 22 (2) and (3) shall take effect even before the application has been pursued,
once the applicant has complied with the requirement under Section 31 to file a
translation of the application or, if the application is in Finnish or Swedish, once the
applicant has filed a copy of the application with the Patent Authority. (10.5.1985/387)
For the purposes of Sections 48, 56 and 60, the international application is deemed to
have become available to the public once the applicant has fulfilled the obligations
under subsection (3). (10.5.1985/387)
Where the application satisfies the requirements as to form and contents laid down by
the Patent Cooperation Treaty and its Regulations, it shall be accepted in that respect.
Section 34 (21.3.1997/243)
A notice referred to in Section 19 (1) concerning acceptance of an international patent
application may not be given, nor may such patent application be rejected before
expiration of the time limit laid down by the Government, unless the applicant agrees to
an earlier ruling on the application.
Section 35 (21.3.1997/243)
An international application may not, without the consent of the applicant, be published,
in printed form or another similar way, nor may a patent be granted on an invention that
is the subject matter of such application by the Patent Authority before its publication by
the International Bureau of the World Intellectual Property Organization or before the
expiration of a period of 20 months after the international filing date or, where priority is
claimed, after the priority date. (18.11.2005/896)
Section 36 (6.6.1980/407)
Where a part of an international application has not been the subject of an international
search or an international preliminary examination on the grounds that the application is
held to include independent inventions and the applicant has not paid the additional fee
laid down by the Patent Cooperation Treaty within the prescribed period, the Patent
Authority shall ascertain whether the decision not to conduct a search or an examination
was correct. Where the Patent Authority considers that the decision was correct, that part
of the application that has not been the subject of a search or an examination shall be
deemed withdrawn before the Patent Authority unless the applicant pays the prescribed
fee within two months of the date on which he receives notification of the Patent
Authority's decision. Where the Patent Authority considers the decision to have been
incorrect, it shall proceed with examination of the application in its entirety.
The applicant may appeal against a decision taken under subsection (1) in the cases
where the Patent Authority has found that the application includes independent
inventions. Section 27(1) is to apply with the necessary changes. (18.11.2005/896)
Where the appeal authority upholds the decision of the Patent Authority, the time limit
for payment of the fee referred to in the second sentence of subsection (1) above shall be
computed as from the date on which the decision of the appeal authority becomes final.
Section 37 (6.6.1980/407)
Where a part of an international application has not been the subject of an international
preliminary examination because the applicant has restricted the claims after being
invited by the International Preliminary Examining Authority either to restrict his claims
or to pay an additional fee, that part of the application not examined shall be deemed
withdrawn before the Patent Authority unless the applicant pays the prescribed fee
within two months of the date he received the corresponding notification from the Patent
Authority.
Section 38 (6.6.1980/407)
Where a receiving Office has refused to accord an international filing date to an
international application or has stated that the application is to be deemed withdrawn or
that designation of Finland is to be deemed withdrawn, the Patent Authority must review
the decision if the applicant so requests. The same applies to any decision by the
International Bureau to the effect that an application is deemed withdrawn.
(18.11.2005/896)
A request for review under subsection (1) shall be filed with the International Bureau
within the time limit laid down by the Government. Within that same time limit, the
applicant shall file with the Patent Authority a translation of the application, to the
extent prescribed by the Government, and shall pay the prescribed application fee.
(10.5.1985/387)
Where the Patent Authority finds that the decision by the receiving Office or by the
International Bureau was incorrect, it must examine the application as provided in
Chapter 2. If the receiving Office has not accorded an international filing date, the
application is to be deemed to have been filed on the date that the Patent Authority
considers should have been accorded as the international filing date. Where the
application satisfies the requirements as to form and contents laid down by the Patent
Cooperation Treaty and its Regulations, it must be accepted in that respect.
(18.11.2005/896)
The second sentence of the second subsection of Section 2 shall apply to applications
accepted for examination under the third subsection of this Section if the application is
made available to the public under Section 22.
Chapter 4
The Scope and Term of a Patent
Section 39
The scope of protection conferred by a patent shall be determined by the claims. The
description may serve as guidance for interpreting the claims.
Section 40 (6.6.1980/407)
A granted patent may be maintained for 20 years from the date on which the application
was filed.
A prescribed renewal fee shall be payable for the patent in respect of each fee year
beginning after the grant. If a patent is granted before renewal fees for the application
have become due under Section 41, the proprietor of the patent shall also be required to
pay renewal fees for the fee years beginning prior to the grant of the patent, at the time
the renewal fee for the patent becomes due for the first time. (10.5.1985/387)
Chapter 5
Renewal fees
(10.5.1985/387)
Section 41 (10.5.1985/387)
The renewal fee shall be payable on the last day of the calendar month during which the
fee year begins. The renewal fees for the first two years, however, shall not become
payable until the fee for the third fee year is due. renewal fees may not be paid earlier
than six months before the due date.
For a later application under section 11, the renewal fees for fee years which have begun
before the date of receipt of the later application, or which begin within two months of
the date of receipt, become in no event due until the last day of the second month
following the date of receipt. The renewal fees for an international application in respect
of fee years which have begun before the date on which the application was pursued
under section 31 or was taken up for processing under section 38 or which begin within
two months of such date become in no event due until the last day of the month that falls
two months after the date on which the application was pursued or otherwise prosecuted.
(18.11.2005/896)
Renewal fees, together with prescribed additional fees, shall be payable within the six
months following the due date.
Section 42 (10.5.1985/387)
Where the applicant or proprietor of the patent is the inventor and if he experiences
serious difficulty in paying the renewal fees, the Patent Authority may grant him respite
in respect of payment if he makes a corresponding request no later than the date on
which renewal fees become due for the first time. Respite may be granted for up to three
years at a time, but at most up to the third year that has elapsed following grant of the
patent. A request for prolongation of respite must be made before the existing respite has
expired.
If the request for respite or prolongation of respite is refused, any fee paid within two
months of refusal shall be deemed to have been paid on time.
The renewal fees for which respite of payment has been granted under subsection 1 may
be paid together with the additional fee prescribed in Section 41 (3) within the six
months following the date up to which respite was granted.
Chapter 6
Assignment, Licences and Compulsory licences
Section 43
Where the proprietor of the patent has granted another person the right to exploit the
invention commercially (a licence), the licensee shall not be entitled to assign his right
to a further party, except as otherwise agreed.
Section 44
The transfer of patents and the grant of licences shall be recorded, on request, in the
Patent Register. The same shall apply to the pledging of a patent.
On proof that a licence or a pledge recorded in the Register is no longer in force, the
entry of that licence or pledge shall be deleted from the Register.
Subsections (1) and (2) shall apply mutatis mutandis to compulsory licences and to
rights under Section 53 (2).
The person last recorded in the Register as the patentee shall be deemed the proprietor
for the purposes of law suits and for other matters concerning the patent.
If a person acting in good faith has requested the Patent Authority to record in the
Register that a patent has been assigned to him or that he has obtained a licence under a
patent or a pledge of a patent, prior assignment of the patent or rights therein shall not be
enforceable against him if the other party has not previously requested registration as the
assignee or proprietor of rights in the patent.
Section 45
Where three years have elapsed since the grant of the patent and four years have elapsed
from the filing of the application, and if the invention is not worked or brought into use
to a reasonable extent in Finland, any person who wishes to work the invention in
Finland may obtain a compulsory licence to do so unless legitimate grounds for failing
to work the invention may be shown. (22.12.1995/1695)
Subject to reciprocity, the Government may decree that, for the purposes of subsection
(1) of this Section, the working of an invention in a foreign State shall be deemed
equivalent to working in this country.
Section 46
The proprietor of a patent for an invention whose exploitation is dependent on a patent
held by another person may obtain a compulsory licence to exploit the invention
protected by such patent if deemed reasonable in view of the importance of the first
mentioned invention or for other special reasons.
The proprietor of a patent in respect of which a compulsory licence is granted under
subsection (1) of this Section may obtain a compulsory licence to exploit the other
invention unless there are special reasons to the contrary.
Section 46 a (30.6.2000/650)
Where a breeder cannot acquire or exploit a plant variety right without infringing a prior
patent, he may apply for a compulsory licence for nonexclusive use of the invention
protected by the patent inasmuch as the licence is necessary for the exploitation of the
plant variety to be protected, subject to payment of an appropriate royalty. Where such a
licence is granted, the holder of the patent will be entitled to a crosslicence on
reasonable terms to use the protected variety.
Applicants for the licence referred to in subsection 1 above must demonstrate that they
have applied unsuccessfully to the holder of the patent to obtain a contractual licence
and that the plant variety constitutes significant technical progress of considerable
economic interest compared with the invention claimed in the patent.
Provisions concerning the right of a patent holder to obtain a compulsory licence for the
exploitation of a plant variety protected by plant breeder's right are laid down by the Act
on Plant Breeders' Rights (No. 789/1992).
Section 47
In the event of considerable public interest, a person who wishes to exploit
commercially an invention for which another person holds a patent may obtain a
compulsory licence to do so.
Section 48
Any person who was commercially exploiting in this country an invention which is the
subject of a patent application, at the time the application documents were made
available under Section 22, shall, if the application results in a patent, be entitled to a
compulsory licence for such exploitation, provided there are special reasons for this and
also provided that he had no knowledge of the application and could not reasonably
have obtained such knowledge. Such a right shall also be enjoyed, under corresponding
conditions, by any person who has made substantial preparations for commercial
exploitation of the invention in this country. Compulsory licences may also relate to the
period of time preceding the grant of the patent.
Section 49 (22.12.1995/1695)
A compulsory licence may only be granted to a person deemed to be in a position to
exploit the invention in an acceptable manner and in accordance with the terms of the
licence who, before filing a claim for a compulsory licence, has made a verifiable effort
to obtain, on reasonable commercial terms, a licence to the patented invention. A
compulsory licence shall not prevent the proprietor of the patent from exploiting the
invention himself or from granting licences under the patent. A compulsory licence may
only be transferred to a third party together with the business in which it is exploited or
was intended to be exploited.
Section 50
Compulsory licences shall be granted by a court of law, which shall also decide the
extent to which the invention may be exploited and shall determine the remuneration to
be paid and any other conditions under the licence. In the event of a substantial change
in the circumstances, the court may, on request, revoke the licence or lay down new
conditions.
Chapter 7
Termination of the Patent
Section 51 (10.5.1985/387)
If the renewal fee under Sections 40, 41 and 42 is not paid, the patent shall lapse as from
the start of the fee year for which the fee has not been paid.
Section 52 (6.6.1980/407)
The court shall declare a patent invalid, in a relevant action:
(1) if the patent relates to an invention that does not satisfy the requirements of Sections
1, 1 a, 1 b, or 2;
(2) if the patent relates to an invention the description of which is not sufficiently clear
to enable a person skilled in the art to carry out the invention;
(3) if the patent contains subject matter not included in the application as filed; or
(4) if the scope of protection was extended after the notice referred to in Section 19 (1)
was given. (30.6.2000/650)
In connection with the invalidation process of a patent, the patent holder may request the
Court to limit the patent in accordance with the amended patent claims. The request for
limitation shall be presented before the case is transferred to the main hearing. If the
request for limitation is presented, the issue concerning it must be solved separately
before continuing the invalidation process. The limitation must meet the requirements
under Section 53b. If the Court approves the request for limitation, the patent limited in
this manner shall make the basis for continuation of the process. A decision regarding
the request for limitation may only be appealed against in connection with the Court
decision concerning the action. (18.11.2005/896)
A patent may not be declared invalid on the grounds that the patentee was entitled to a
specified part of it only.
Legal proceedings may also be instituted, with the exception laid down in subsection (5)
of this Section, by any person who suffers prejudice on account of the patent, or, where
the common interest is considered to require it, by a public authority appointed by the
Government for reasons of public interest. (18.11.2005/896)
Proceedings instituted on the grounds that a patent has been granted to a person other
than the person entitled to it under the provisions of Section 1 may only be instituted by
the person claiming entitlement to the patent. Such proceedings shall be brought within
one year after the entitled person gained knowledge of the grant of the patent and of any
other circumstances on which the proceedings are founded. Proceedings may not be
instituted more than three years after the grant of the patent where the proprietor of the
patent acted in good faith at the time the patent was granted or assigned to him.
Section 53
Where a patent has been granted to a person other than the person entitled to the patent
under Section 1 and where proceedings are instituted by that entitled party, the court
shall transfer the patent to that party. Section 52 (5) shall apply with respect to the time
limit within which proceedings shall be instituted. (18.11.2005/896)
Where the person deprived of the patent had, in good faith, begun commercial
exploitation of the invention in this country or had made substantial preparations for
exploitation, he shall be entitled, against reasonable remuneration and on other
reasonable terms, to continue the exploitation already begun or to commence the
intended exploitation, provided that its general nature is maintained. Subject to the same
conditions, a holder of a licence recorded in the Patent Register shall have the same
rights.
Rights under subsection (2) of this Section may only be transferred to third parties
together with the business in which they are exploited or in which exploitation was
planned.
Section 53a (18.11.2005/896)
The holder of a patent may apply for the limitation of the patent by filing a written
request in respect of it to the Patent Authority. The request for limitation must contain:
(1) the name and address of the patent holder;
(2) the registration number of the patent;
(3) the limited patent claims, as well as the description and drawings, if they have been
amended;
(4) if the patent holder has appointed a representative, the name, domicile and address of
the representative: and
(5) the handling fee.
If the provisions in subsection (1) are not complied with, the Patent Authority invites the
applicant to remedy the deficiencies within a given time limit. If the invitation is not
complied with within the time limit given, the request will be rejected. The applicant is
entitled to appeal from such decision.
If the opposition procedure has not been completed, or an invalidation action under
Section 52 is pending in Court, the request will not be admitted. The handling fee paid
by the applicant is in this case returned to him or her.
If an opposition is filed against a patent or an action is brought for invalidation of the
patent after a request for limitation but before the decision concerning the limitation
gains legal force, the limitation procedure is terminated.
Section 53b (18.11.2005/896)
The condition for acceptance of a request to limit a patent before a Patent Authority or a
Court is that the patent to be limited in accordance with the request meets the following
conditions:
(1) the patent refers to an invention which is presented with sufficient clarity for a
person skilled in the art to use the invention;
(2) the patent does not involve anything that does not appear from the application when
it was filed; and
(3) the scope of protection of the patent has not been extended from the scope of
protection of the patent granted or from the previously taken decision of the scope of
protection.
Section 53c (18.11.2005/896) If a patent holder has requested from the European Patent
Office the limitation of the patent in accordance with article 105 a of the European
Patent Convention (Finnish Treaty Series 8/1996), the Patent Authority shall postpone
the processing of the request for limitation under 53a(1) until the European Patent
Convention has taken a final decision in the matter.
If the patent holder has requested from the European Patent Office the termination of the
patent in accordance with Article 105 a of the European Patent Convention, the Patent
Authority must postpone the handling of the cancellation procedure under Section 54
until the European Patent Convention has taken a final decision in the matter.
If the patent has been seized or a dispute is pending on the transfer of the patent, the
Patent Authority must postpone the handling of the request under 53a(1) and the notice
under Section 54 until the seizure has lapsed or a final decision has been taken on the
dispute concerning the transfer of the patent.
Section 53d (18.11.2005/896)
If the Patent Authority considers that there is an obstacle to the approval of the request
under 53a(1), the patent holder must be provided an opportunity to give his statement in
the matter. If the Patent Authority, notwithstanding the statement, considers that the
request cannot be granted, the statement must be refused and the patent remained in
force in a nonamended form. The patent holder is entitled to appeal from the final
decision of the Patent Authority, if the decision is against him.
If the Patent Authority considers that there is no obstacle to the grant of a request under
53a(1), the patent shall be limited in accordance with the request. A public notice in
accordance with Section 55 must be given of the decision to approve the limitation. The
Patent Authority must, from the date of giving public notice, keep available to the public
the amended patent publication, which contains the description of the limited patent,
drawings, if any, and the limited patent claims as well as an announcement of the patent
holder. The Patent Authority must see to it that the limited patent claims are, where
necessary, available in both Finnish and Swedish. The applicant must pay an established
translation fee.
Section 53e(18.11.2005/896)
The legally valid decision under 53d(2) concerning the approval of the limitation taken
by the Patent Authority and the legally valid decision under 53d(2) to limit the patent,
taken by the Court, will be in force as from the filing date of the patent application.
Section 53f(18.11.2005/893)
If the patent holder withdraws the request for limitation under section 53a(1), the
limitation procedure will be discontinued finally starting from the said date. The request
for limitation may not be cancelled once the final decision to approve the limitation has
been taken.
Section 54
Where the proprietor of a patent surrenders his patent in writing to the Patent Authority,
that Authority shall declare the patent to be terminated in its entirety. The patent will be
considered to have expired as from the filing date of the patent application. The patent
holder is entitled to appeal from the final decision taken by the Patent Authority, if the
decision is against him.
(18.11.2005/896)
Where a patent is in distraint or if a litigation is pending on the transfer of a patent, the
patent may not be declared terminated while the distraint is effective or before a final
decision is given in the proceedings. The same shall apply if a pledge has been recorded
in the Patent Register.
Section 55 (18.11.2005/896) Where a patent has lapsed, expired or been limited, or
when it has been declared invalid by a final court decision, or been transferred, the
Patent Authority shall publish an announcement of that fact.
Chapter 8
Obligation to Provide Information
Section 56
An applicant who invokes his patent application against another person before the
documents in the application file have become available under Section 22 shall be
required, on request, to allow such person to have access to the documents. If the patent
application includes the deposit of a biological material under Section 8a, such consent
shall also include the right to obtain a sample of the deposit. The second and third
sentences of subsection (6) and subsections (7)and (8)of Section 22 shall apply in the
event of a person wishing to obtain a sample on the basis of such consent.
(30.6.2000/650)
Any person who indicates in addressing himself directly to other persons or in
announcements or by markings on goods or their packaging or in any other way that a
patent has been applied for or granted, without at the same time indicating the number of
the application or the patent, shall be required, on request, to furnish such number
without delay. Where it is not explicitly stated that a patent has been applied for or
granted, but the circumstances are such as to create the impression that this is the case,
information as to whether a patent has been applied for or granted shall be given on
request without delay.
Chapter 9
Liability, Obligation to Pay Compensation and Court Proceedings
Section 57
The court may forbid any person who infringes the exclusive right afforded by a patent
(patent infringement) from continuing or repeating the act.
Where such person intentionally infringes a patent, he shall, unless the act is punishable
as an industrial property right offence under Section 2 of Chapter 49 of the Penal Code,
be liable to a fine for a violation of a patent right.
Indictment for this offence may only be brought by the Public Prosecutor at the request
of the injured party.
Section 57a (22.12.1995/1695)
If a patent has been granted for a process for obtaining a product, any identical product
produced without the consent of the proprietor of the patent shall, in the absence of
proof to the contrary, be deemed to have been obtained by the patented process. In the
adduction of proof to the contrary, the legitimate interests of defendants in protecting
their manufacturing and business secrets shall be taken into account.
Section 57b (21.7.2006/684)
When hearing an action referred to in Section 57(1) the court may at the patent holder’s
request prohibit the keeper of a transmitter, server or other similar device or other
service provider acting as an intermediary, under penalty of a fine, from continuing the
use alleged to infringe the patent (injunction order) unless it can be considered
disproportionate in view of the rights of the alleged infringer of the patent or in view of
the rights of the intermediary or patent holder.
Before the bringing of an action referred to in Section 57(1) the court referred to in that
subsection may, at the patent holder’s request, issue an injunction, if the preconditions
for that set out in subsection 1 exist and if it is obvious that the realisation of the patent
holder’s rights otherwise would be seriously endangered. The court must provide both
for the party against whom the injunction is sought and for the party who is claimed to
infringe the patent an opportunity to be heard. Communications to the parties against
whom the injunctions have been sought may be delivered by mail or by facsimile or e
mail. Otherwise the provisions of Chapter 8 of the Code of Judicial Procedure apply to
the processing of the case.
The court may, on request, issue the injunction referred to in subsection (2) as an
interlocutory injunction without hearing the alleged infringer, if the urgency of the case
of necessity requires that. The injunction remains in force until ordered otherwise. After
the injunction is issued, the alleged infringer must without delay be provided an
opportunity to be heard. When the alleged infringer has been heard, the court must
decide without delay whether to keep the injunction in force or withdraw it.
An injunction issued under this section must not endanger the right of a third party to
send and receive messages. Subject to the provisions of Chapter 7, section 7, of the
Code of Judicial Procedure, the injunction comes into force when the plaintiff gives the
bailiff the security referred to in Chapter 7, Section 16, of the Execution Act (37/1895).
An injunction issued under subsection (2) or (3) of this Section lapses if the action
referred to in section 57(1) is not brought within a month from the issuance of the
injunction.
The party who has demanded the injunction must compensate the party against whom
the injunction is issued as well as the alleged infringer for the damage caused by the
implementation of the injunction and for any other costs resulting from the case if the
action referred to in Section 57(1) is rejected or ruled inadmissible, or if the processing
of the case is removed from the cause list because the plaintiff has abandoned his/her
action or failed to arrive to the court. The same applies if the injunction is withdrawn
under subsection (3) or lapses under subsection (4). When an action is brought for
compensation for damage and costs, the provisions of Chapter 7, Section 12, of the Code
of Judicial Procedure apply.
Section 58
Any person who intentionally or negligently infringes a patent shall be liable to pay
reasonable compensation for the exploitation of the invention and damages for other
injury caused by the infringement. In the case of slight negligence, the compensation
may be adjusted accordingly.
A person found guilty of patent infringement that is neither intentional nor negligent
shall pay compensation for the exploitation of the invention if and to the extent held
reasonable.
Compensation proceedings for patent infringement shall only refer to damage during the
last five years prior to institution of proceedings. The right to compensation for damage
suffered prior to that period shall lapse.
Section 59
At the request of the party injured by patent infringement, the court may order, to the
extent deemed reasonable for the prevention of further infringement, that patented
products manufactured without the consent of the proprietor of the patent, or objects
whose use would constitute patent infringement, shall be altered in a specified manner
or be impounded for the remainder of the term of the patent or be destroyed or, in the
case of patented products, be surrendered against payment of their value to the injured
party. This provision shall not apply to anyone who has acquired such objects of
property or special rights in respect of such objects in good faith and who has not
himself infringed the patent.
The objects of property referred to in subsection (1) may be seized if it is reasonable to
assume that the offence referred to in Section 2 of Chapter 49 of the Penal Code or in
Section 57 of this Act has been committed. In such case, the provisions on seizure in the
Coercive Criminal Investigation Means Act shall apply. (21.4.1995/717)
Notwithstanding the provisions of subsection (1), the court may order, on request, if
there are special reasons for this, that the holders of objects referred to in subsection (1)
shall be able to dispose of the objects for the remainder of the patent term or for a part
thereof, against reasonable compensation and on reasonable conditions.
Section 60 (21.3.1997/243)
Where any person commercially exploits an invention which is the subject of a patent
application after the application documents have been made available under Section 22,
the provisions on patent infringement shall apply mutatis mutandis, if the application
results in a patent. However, until a patent has been granted under Section 20, protection
shall extend only to the subject matter disclosed both in the claims as worded when the
application became available to the public and in the claims according to the patent.
There shall be no liability to punishment, and damages arising from exploitation prior to
the granting of the patent may be assessed only on the basis of Section 58 (2).
The provisions of section 58(3) concerning damages do not apply if action for
compensation is brought within one year of the period for lodging an opposition
concerning the patent or, if an opposition has been lodged, within a year from the date of
a final decision to maintain the patent. (18.11.2005/896)
Section 60a (21.7.2006/684)
In a dispute that concerns an infringement of a patent the court may, at the plaintiff’s
request, order the defendant to compensate the plaintiff for the cost occurred to him/her
for publishing, by taking suitable measures, information concerning the final decision in
which the defendant is found to have infringed the patent right. Such an order may not
be given if the dissemination of the information is limited elsewhere in the law. In
considering the issuance and contents of the order, the court must pay attention to the
general significance of the publication of the issue, the kind and scope of the
infringement, the costs involved in the publishing process and other corresponding facts.
The court lays down a maximum amount for the reasonable publishing cost to be paid
by the defendant. The plaintiff is not entitled to the compensation if information about
the decision has not been published within a period laid down by the court counted from
the date when the final decision was issued.
Section 61
If a patent has been revoked by a final decision or declared invalid by a final decision,
no punishment, compensation or other sanction laid down in Section 57, 57 a, 57 b, 58
60 or 60 a may be imposed. (21.7.2006/684)
Where the defendant in infringement proceedings claims that the patent is invalid, the
court may, at the defendant's request, stay proceedings until validity has been
determined. Where no such action has been brought by the defendant the court shall
order him, in connection with the stay of proceedings, to bring such action within a
period of time it shall determine.
In a case concerning invalidation of a patent, the court may, at its discretion, postpone
the taking of a decision on a principal claim referred to in Section 1 of Chapter 24 of the
Procedural Code if the action has been brought in a competent court before the expiry of
the time limit for lodging an opposition after the grant of the patent or before a final
decision has been issued on the opposition. (21.3.1997/243)
Section 62
Any person who by intention or negligence, other than slight negligence, fails to comply
with Section 56 shall be sentenced to a fine.
Any person who, in the instances described in Section 56, provides incorrect
information shall also be sentenced to the same penalty, unless the offence is punishable
under the Penal Code.
Indictment for an offence referred to in this Section may be brought by the Public
Prosecutor only at the request of the injured party.
Section 63
The proprietor of a patent or any person authorized to exploit an invention under licence
may bring an action before the court for a declaratory judgment to establish whether he
enjoys protection against other parties on the basis of the patent in the event of
uncertainty that may be prejudicial to him.
Any person who carries on or intends to carry on a commercial activity may, subject to
the same conditions, bring an action against the proprietor of the patent to obtain a
declaratory judgment to determine whether the patent constitutes an obstacle to such
activity.
If it is claimed, under an action brought pursuant to subsection (1) above, that the patent
is invalid, the second subsection of Section 61 shall apply mutatis mutandis.
Section 64
Any person who wishes to bring an action for invalidation of a patent, transfer of a
patent or grant of a compulsory licence shall advise the Patent Authority thereof and
shall notify all persons recorded in the Patent Register as licensees or pledgees thereof.
If a licensee wishes to bring an action for infringement or for a declaratory judgment
under Section 63 (1), he shall notify the proprietor of the patent thereof.
The requirement to notify pursuant to subsection (1) shall be deemed satisfied when
notification by registered letter has been sent to the addresses recorded in the Patent
Register.
If it cannot be shown, at the time the action is brought, that advice or notification has
been effected pursuant to subsection (1), the plaintiff shall be given a time limit to do so.
If such time limit is exceeded, the action shall not be heard.
Section 65
The District Court of Helsinki shall be competent to hear proceedings in respect of:
(22.12.1995/1695)
(1) proper title to the invention for which a patent is sought;
(2) the invalidation of the patent, limitation of a patent in connection with the processing
of an action concerning the invalidation of the patent or the transfer of the patent
(18.11.2005/896);
(3) grant of a compulsory licence, determination of new conditions for or revocation of
such licence or rights under Section 53 (2);
(4) infringement;
(5) declaratory judgments pursuant to Section 63; or
(6) assessment of compensation under Section 75.
In addition to the cases provided in subsection (1), the District Court of Helsinki shall
also be competent in matters concerning the right to an invention for which a European
patent under the European Patent Convention (Finnish Treaty Series 8/96) has been
sought. A prerequisite for hearing such case in the District Court of Helsinki is that the
defendant is domiciled in Finland or that the plaintiff is domiciled in Finland and the
defendant is not domiciled in a country which is party to the European Patent
Convention. The District Court of Helsinki shall also hear the case if the parties to the
dispute have agreed that the District Court of Helsinki shall be competent in the case.
(22.12.1995/1695)
A dispute referred to in subsection (1) may not be heard by the District Court of
Helsinki if the same dispute between the same parties is pending before the court of
another country that is party to the European Patent Convention. If the competence of
such foreign court has been contested, the District Court of Helsinki shall postpone the
hearing of the case until the question of competence has been finally decided upon by
the foreign Court. (22.12.1995/1695)
Section 65 a (22.12.1995/1695)
A final decision taken by a court of a Contracting State of the European Patent
Convention in a dispute referred to in Section 65 (2) is enforceable in Finland. A court
decision passed on the applicant for a European patent, is not, however, enforceable in
Finland, if the writ of summons has not been duly served to him or if he has not been
afforded a sufficient time for preparing himself for the court proceedings.
Section 66
In proceedings pursuant to Section 65, the District Court shall be assisted by two
technical experts to be appointed by the Court. The experts shall give their views on the
matters submitted to them by the Court. Their views shall be entered in the record. The
experts shall be entitled to question the parties and the witnesses.
Section 67
The District Court shall appoint an appropriate number of experts as referred to in
Section 66 for each calendar year. Before making the appointments, the Court shall
request the opinion of the Technical Research Centre of Finland. Such appointment may
not be refused without statutory justification. (21.3.1997/243)
Before taking up his appointment, an expert shall be required to take the prescribed oath.
Experts shall be paid a reasonable fee for each case as laid down by the Court together
with compensation for travelling expenses as prescribed by the Government.
Section 68
At the request of the plaintiff, the Court may grant an interlocutory injunction on use of
the patent or may order that the objects of property referred to in Section 59 be
provisionally seized for the duration of the proceedings.
Where the Court has granted an injunction or ordered seizure under subsection (1)
above, the plaintiff may be required to provide such security as the Court accepts for any
damage or inconvenience that may be suffered by the other party due to the action.
Relief from a decision on injunction or seizure or the lifting of such measures during the
course of the proceedings may be sought by separate appeal.
Section 69
In proceedings for invalidation of a patent, the Court shall request the view of the Patent
Authority.
In other proceedings concerning patents, the Court may request the view of the Patent
Authority as required by the circumstances of the case.
Section 70
Copies of decisions under Section 65 shall be communicated by the court to the Patent
Authority with a statement as to whether the decision has become final.
Chapter 9 a
Supplementary Protection Certificates
(21.3.1997/243)
Section 70 a (21.3.1997/243)
Provisions on Supplementary Protection Certificates are given in the Council Regulation
(EEC) No 1768/92 providing for the creation of a supplementary protection certificate
for medicinal products and in the European Parliament and Council Regulation (EC) No
1610/96 concerning the adoption of a supplementary protection certificate for plant
protection products. In addition, the provisions of this Chapter shall apply in respect of
supplementary protection certificates.
Section 70 b (28.6.1994/593)
Applications for supplementary protection certificates shall be filed with the National
Board of Patents and Registration of Finland.
Section 70 c (28.6.1994/593)
The applicant shall pay the prescribed application fee. The proprietor of the certificate
shall pay the prescribed renewal fee for the supplementary protection certificate.
Section 70 d (28.6.1994/593)
Provisions concerning infringement of patent rights apply to infringement of rights
conferred by a supplementary protection certificate.
Section 70 e (28.6.1994/593)
More specific regulations concerning implementation of the provisions of this Chapter
and the procedure to be followed in applying for and granting supplementary protection
certificates may be decreed by the Government.
Chapter 9 b
European Patent and Application for European Patent
(22.12.1995/1695)
Section 70 f (22.12.1995/1695)
For the purposes of this Act, a European patent is a patent which has been granted by the
European Patent Office under the European Patent Convention. A European patent
application is a patent application filed under said Convention.
A European patent may be granted as having effect in Finland.
An application for a European patent shall be filed with the European Patent Office.
Such application may also be filed with the Finnish Patent Authority to be transmitted
by the Patent Authority to the European Patent Office. However, European patent
applications relating to inventions referred to in the Act on Inventions of Importance to
the Defense of the Country (No. 551/67) shall be filed with the Finnish Patent Authority.
Applications referred to in Article 76 of said Convention (European divisional
applications) shall always be filed with the European Patent Office.
The provisions of this Chapter shall apply to European patents and European patent
applications designating Finland.
Section 70 g (22.12.1995/1695)
A European patent is granted when the European Patent Office has announced its
decision to allow the patent application. The European patent having effect in Finland
has the same legal effect as a patent granted by the Finnish Patent Authority and is also
otherwise subject to the same conditions as such patent, unless otherwise provided for in
this Chapter.
Section 70 h (22.12.1995/1695)
A European patent has effect in this country only if the applicant or patent proprietor has
supplied, within the prescribed period, to the Patent Authority a translation into Finnish
of the documents forming the basis for granting the patent, and within the same period
has paid the prescribed fee for printing the translation, as stipulated in more detail by
decree. If the applicant's or patent proprietor's own language is Swedish, the translation
may, however, be filed in Swedish. If the European Patent Office rules that a European
patent shall be maintained with amended wording this shall also apply with respect to
the amended documents.
The translation shall be available to anyone, provided that the European Patent Office
has published the European patent application or has announced its decision to grant the
patent.
If a translation has been supplied and the fee paid within the prescribed period and if the
European Patent Office has announced its decision to allow the patent application or its
decision that the European patent shall be maintained with amended wording, the Patent
Authority shall without delay issue an announcement to that effect in Finnish and
Swedish. As soon as possible, copies of the translation shall be obtainable to the public.
The Patent Authority shall see to it that the claims of the European patent are, where
necessary, available both in Finnish and Swedish.
Section 70 i (22.12.1995/1695)
The provisions of Section 71a(1) correspondingly apply to filing of a translation under
Section 70h(1) and payment of a fee for printing the translation. If it is decided under
Section 71a(1) that the act shall be deemed to have been completed within the
prescribed time limit, the Patent Authority shall without delay make an announcement to
that effect both in Finnish and Swedish.
If anyone, after the time limit according to Section 70h(1) has expired but before the
announcement according to subsection (1)above has been published, has in good faith
begun to use the invention commercially in this country or has made substantial
preparations therefor, he shall enjoy the right provided in Section 71c( 2) and (3).
Section 70 j (22.12.1995/1695)
The provisions of Section 52(1)(4), concerning extension of scope of patent protection,
shall also apply to a European patent if the scope of patent protection has been extended
after the grant of the European patent.
Section 70 k (22.12.1995/1695)
If the European Patent Office has revoked a European patent in its entirety or in part,
this revocation shall have effect as if the patent in this country were declared invalid to
the corresponding extent. The Finnish Patent Authority shall without delay announce the
revocation both in Finnish and Swedish.
Section 70 l (22.12.1995/1695)
Prescribed renewal fees shall be paid for each fee year beginning after the year in which
the European Patent Office announced its decision to allow the patent application.
If a renewal fee for a European patent is not paid according to the provisions in
subsection (1)above and Section 41, Section 51 applies correspondingly. The first
renewal fee is not, however, due for payment until the last day of the third month
following the month the patent was granted. (18.11.2005/896)
Section 70 m (22.12.1995/1695)
A European patent application which has been accorded a filing date by the European
Patent Office has the same effect in this country as a Finnish patent application filed on
the same date. If the application under the European Patent Convention enjoys priority
from a date earlier than the filing date, such priority also has effect in Finland.
(18.11.2005/896)
For the purposes of Section 2(2), the publication of a European patent application
pursuant to Article 93 of the European Patent Convention shall be equivalent to the
application becoming available to the public pursuant to Section 22. This shall also
apply to publication referred to in Article 153(3) of the Convention, if said publication is
ruled by the European Patent Office to be equivalent to publication pursuant to Article
93. (18.11.2005/896)
Section 70 n (22.12.1995/1695)
If a European patent application has been published under Article 93 of the European
Patent Convention and a translation into Finnish of the patent claims as worded when
published has been filed with the Patent Authority, the Patent Authority shall make the
translation available to anyone and make an announcement in Finnish and Swedish to
this effect. If the applicant's own language is Swedish, the translation may, however, be
filed in Swedish. The Patent Authority shall see to it that the published patent claims are,
where necessary, available to the public in Finnish and Swedish.
If anyone uses an invention commercially for which patent protection is sought by a
European patent application after the announcement under subsection (1) has been
made, the provisions concerning patent infringement apply correspondingly if the
application results in a patent for Finland. In such case, however, the patent protection
only extends to that revealed in both the patent claims as worded when published and
the claims according to the patent. Punishment cannot be imposed in this case and
damages for such use may only be determined under section 58(2). (18.11.2005/896)
The provisions of Section 58 (3) shall not apply if the action for compensation is
brought within one year after the period for opposition against the patent has expired or,
if opposition has been lodged, within one year after the decision by the European Patent
Office to maintain the patent.
Section 70 o (22.12.1995/1695) If a European patent application or request that such
application shall designate Finland has been withdrawn, this shall have the same effect
as withdrawal of a national patent application. The same shall apply in respect of a
situation where an application under the European Patent Convention shall be deemed to
have been withdrawn and where processing of the application has not been resumed
pursuant to Article 121 of the Convention.
If a European patent application has been rejected, this shall have the same effect as
rejection of a national patent application.
Section 70 p (22.12.1995/1695)
If the translation referred to in Section 70h or 70n does not coincide with the wording of
the documents in the language of the proceedings before the European Patent Office, the
patent protection shall only extend to that which is evident from both texts.
In the revocation proceedings referred to in Section 52, the text in the language of the
proceedings shall be the sole authentic text.
Section 70 q (22.12.1995/1695)
If the applicant or the proprietor of a patent files with the Patent Authority a correction
of the translation referred to in Section 70h and pays the prescribed fee for printing the
corrected translation, the corrected translation shall apply in place of the original
translation. Once the correction has been filed and the fee paid, and if the original
translation is available to anyone, the Patent Authority shall without delay announce said
correction in Finnish and Swedish and, as soon as possible, make copies of the corrected
translation obtainable from the Patent Authority.
If the applicant files a correction of the translation referred to in Section 70n, the Patent
Authority shall without delay make an announcement of the correction in Finnish and
Swedish and keep the corrected translation available to anyone. After the announcement
the corrected translation shall apply in place of the original translation.
If anyone, before the corrected translation became valid, has, in good faith, begun to use
the invention commercially in this country in a manner which according to the earlier
translation did not constitute infringement of the right of the applicant or of the
proprietor of the patent, or has made substantial preparations therefor, he shall enjoy the
right specified in Section 71c (2) and (3).
Section 70 r (22.12.1995/1695) If the applicant or the proprietor of a patent has failed to
observe the time limit prescribed in the European Patent Convention, but the European
Patent Office, nevertheless, under Article 122 declares that no loss of right has ensued,
this shall have the same effect also in Finland.
If anyone, after the loss of right has ensued but prior to the announcement by the
European Patent Office of the declaration referred to in subsection (1), began, in good
faith, to use the invention commercially in this country or made substantial preparations
therefor, he shall enjoy the right specified in Section 71c (2) and (3).
Section 70 s (22.12.1995/1695)
If a European patent application which has been filed with a national patent authority
shall be deemed to be withdrawn because the European Patent Office did not receive it
within the prescribed time limit from the national patent authority that received the
application, at the request of the applicant, the Patent Authority shall take up the
application as converted to a national application, provided:
(1) that the request is filed with the authority which received the patent application
within three months from when the applicant was notified by the European Patent Office
that the application was deemed withdrawn;
(2) that the request is received by the Finnish Patent Authority within 20 months from
the date of filing of the application or, if priority is claimed, the day from which priority
is claimed; and
(3) the applicant pays, within the prescribed time limit, the prescribed application fee
and files a translation, pursuant to Section 8(5), of the patent application.
If a European patent application shall be deemed to be withdrawn because the European
Patent Office did not receive the translation in the language of the proceedings within
the prescribed time limit, at the request of the applicant, the Patent Authority shall take
up the application as converted into an application for a national patent, in compliance
with the provisions of Article 135 of the European Patent Convention. The applicant
shall also pay the prescribed application fee and file the translation of the patent
application according to Section 8 (5) within the prescribed time limit. (18.11.2005/896)
If the patent application referred to in subsections (1) and (2) above fulfills the
requirements regarding the form of the application laid down in the European Patent
Convention and its Implementing Regulations, it shall be accepted in this respect.
Section 70 t(18.11.2005/896)
A request made in accordance with Article 105 a of the European Patent Convention to
limit or revoke a European patent shall be made to the European Patent Office.
Where the European Patent Office has made an announcement of the limitation of the
patent, the patent holder shall, within a time limit to be laid down by Government
decree, file a translation of the documents forming the basis for the limitation in the
language in which the original patent was validated in Finland, and pay the established
fee for publication of the translation as more specifically decreed by the Government.
The Patent Authority shall without delay make an announcement of this in both Finnish
and Swedish and keep copies of the translation available to the public. The Patent
Authority shall see to that the limited patent claims of the European patent are, where
necessary, available in both Finnish and Swedish.
If the patent holder does not comply with the provisions of subsection (2), the patent
shall be deemed not to be valid in Finland as from the filing date of the patent
application. The patent authority shall publish an announcement of the invalidity of the
patent.
Where the European Patent Office has published an announcement of the cancellation of
the patent, the Patent Authority shall publish an announcement of the cancellation in the
Patent Gazette.
A patent limited or cancelled by the European Patent Office shall in this country enjoy
the same legal effect as a nationally limited or cancelled patent, unless otherwise
provided for in this Chapter.
Section 70 u (18.11.2005/896) If a person has in good faith began to commercially
exploit an invention in this country or taken essential measures for that purpose after the
decision taken by the Board of Appeal of the European Patent Office, but before the
publication of the decision of the enlarged Board of Appeal of the European Patent
Office, that person may, despite the patent, continue the use while retaining its general
character.
The right referred to in subsection (1) above may be transferred to another only together
with the business where it has been created or where the exploitation is meant to occur.
Chapter 10
Special Provisions
Section 71
The proprietor of a patent who is not domiciled in Finland shall be required to appoint a
representative residing in the European Economic Area with authority to receive service
of writs of indictment or summonses and other documents in proceedings and matters
concerning the patent, with the exception of writs of indictment in penal cases and of
summonses to appear personally before a court. The name of the representative
appointed shall be communicated for recording in the Patent Register. (30.6.2000/650)
If the proprietor of a patent has not appointed a representative pursuant to subsection
(1)above, notification can be effected by sending the document to be served to him by
registered mail to his address as recorded in the Patent Register. If no address is
recorded in the Register, notification can be effected by announcement in the patent
gazette. Notification shall be deemed to have been effected when the procedure
described herein has been completed. (21.3.1997/243)
Subject to reciprocity, the Government may decree that the subsections (1) and (2)above
shall not apply to the proprietor of a patent domiciled in a specified foreign country, or
to the proprietor of a patent having a representative domiciled in such country, provided
the name of the representative is communicated for recording in the Patent Register of
Finland and is authorized as prescribed in subsection (1) above.
If it has not been possible to notify the person who has filed an opposition of a decision
concerning the opposition at the address he has furnished, notification may be effected
by announcement in the patent gazette. Notification shall be deemed to have been
effected when the procedure described herein has been completed. (21.3.1997/243)
Section 71 a (10.5.1985/387)
If a patent applicant or the proprietor of a patent, in a case other than the one referred to
in subsection (2), has suffered loss of rights because he or she has not taken action
before the Patent Authority within the time limit laid down in this Act or its Regulations,
but has taken all due care required by the circumstances to observe the time limit, and if
that person takes such action within two months of the time at which the cause of his or
her noncompliance ceases–and in any event not later than one year after expiration of
the time limit–the Patent Authority must declare that the act is to be deemed to have
been done within the prescribed time limit. If the applicant or the proprietor of a patent
wishes to obtain such declaration, the applicant or the proprietor must inform the Patent
Authority about it in writing within the time limits laid down for taking the action, and
pay the prescribed fee. (18.11.2005/896)
If a patent applicant has suffered loss of rights in the observation of the time limit under
Section 6(1), the provisions of subsection (1) will apply, provided that the request is
filed and the prescribed fee paid not later than within two months from the time limit
prescribed in section 6(1). (18.11.2005/896)
Subsections (1) and (2) of this section also apply to international applications which
have been pursued in Finland as regards the time limit to be observed concerning the
receiving Office, the International Searching Authority, the International Preliminary
Examining Authority or the International Bureau of WIPO. Failure to observe that time
limit must then be remedied at the Patent Authority. (18.11.2005/896)
However, a request filed in accordance with the provisions of subsection (1), (2) or (3)
may not be refused, nor may its admittance be refused, until the patent applicant or
proprietor has been given an opportunity to file his or her comments in the time limit
laid down by the Patent Authority. (18.11.2005/896)
Section 71 b (6.6.1980/407)
Where, in those cases referred to in Sections 31 or 38, a document or a fee sent by mail
has not been received by the Patent Authority within the prescribed time limit, but where
the applicant performs the required act within two months of the time at which he
realized or should have realized that the time limit has been exceeded, but in no event
later than one year after expiration of the time limit, the Patent Authority shall declare
that the act is to be deemed to have been done within the prescribed time limit:
(1) if the postal service was interrupted at any time during the 10 days preceding the
time limit on account of war, revolution, civil disorder, strike, natural disaster or other
like reason in the locality in which the sender was staying or carrying on business, and
the document or fee was mailed to the Patent Authority within five days of the
resumption of the postal service, or
(2) if the document or fee was mailed to the Patent Authority by registered mail not later
than five days before the expiration of the time limit, but only if it was sent by airmail,
where possible, or by other means if the sender could reasonably assume that the
dispatch should reach the Patent Authority within two days of mailing.
Where the applicant requests a declaration under subsection (1) above, he shall advise
the Patent Authority in writing to that effect within the time limit for taking the action
laid down in that subsection.
Section 71 c (6.6.1980/407)
If a request under Section 71a or 71b is granted and if, as a result, the examination of a
patent application that has been dismissed or rejected after becoming available to the
public under Section 22 is resumed or a lapsed patent is reinstated, an announcement to
that effect shall be made.
Any person who in good faith has begun to exploit an invention commercially in this
country after expiration of the time limit for reinstating a dismissed application or after a
rejection has become final or a patent has lapsed, but before such announcement is
made, may nevertheless continue to exploit the invention provided he maintains the
general nature of the exploitation. The right to exploit an invention shall be granted, on
the same conditions, to anyone who has made substantial preparations for such
exploitation in this country.
The right under subsection (2) above may only be transferred to another person together
with the business in which it originated or in which exploitation of the invention was
intended.
Section 72 ((21.3.1997/243)
Appeals from final decisions by the Patent Authority under this Act, other than those
referred to in Section 26, and appeals from decisions pursuant to Sections 42, 53a(2),
53d(1), 54(1) and 71a and 71b, shall be lodged with the Board of Appeal of the National
Board of Patents and Registration of Finland. Separate provisions apply to the appeal
procedure and the proceedings before the Board of Appeal. (18.11.2005/896)
Section 73 (13.11.1992/1034)
The amounts of the fees to be paid under this Act shall be laid down in separate
provisions. In that connection it may be decreed that one or more of the initial fee years
shall be exempt from renewal fees.
Section 74
Further provisions concerning patent applications, announcements in respect of patent
matters, printing of the application documents, opposition proceedings, limitation
procedures before the Patent Authority, termination procedures, the Patent Register and
its maintenance, and the Patent Authority shall be decreed by the Government.
(18.11.2005/896)
The Government may decree that the Patent Authority be entitled to divulge, at the
request of the authorities of another country, details of the processing of patent
applications in this country and that the authorities of another country or an international
institution may, at the request of the Patent Authority, undertake the examination of
patent applications. (18.11.2005/896)
The Government may also decree that an applicant seeking a patent in respect of an
invention for which an application has been filed in another country or with an
international organization shall disclose information given to him by the authorities of
such other country or by the international organization regarding the examination of his
invention as to patentability. No such disclosure shall be required, however, for an
application under Chapter 3 if it has been the subject of an international preliminary
examination and the report on the patentability of the invention has been received by the
Patent Authority. (18.11.2005/896)
Section 75
If the country is at war or in danger of war, the Government may decree, where required
by the public interest, that the right to a given invention shall be surrendered to the State
or to another party designated by the Government. Reasonable compensation shall be
paid for the right to the invention thus surrendered. If no agreement is reached on
compensation with the party entitled to compensation, the court shall determine the
compensation.
Where a party other than the State has availed itself of the right to an invention pursuant
to subsection (1) above and if such party does not fulfill its obligations with regard to
compensation, the State shall pay the compensation without delay on request by the
party entitled to compensation.
Section 76 Special regulations shall apply to inventions of importance to the defense of
the country.
Transitional provisions
This Act shall come into force on 1 April 1997. (243/97)
A patent application which has been approved for being laid open for public inspection
before the entry into force of this Act, shall be processed and decided on in accordance
with the provisions in force before the entry into force of this Act.
The provisions of Section 14 of the Patents Act shall apply to a patent application filed
before the entry into force of this Act.
This Act shall come into force on 15 July 2000.(650/2000)
The provisions of Sections 3 b and 46 a shall apply to a patent application filed or
deemed to have been filed before the entry into force of this Act and to a patent granted
on the basis of such application.
This Act shall come into force on 1 January 2005. (990/2004)
The Act also applies to the pursued international applications for which the 20month
period calculated from the date of priority ends on the date of entry into force of the Act
or thereafter and in respect of which the applicant has not yet pursued his international
application for Finland.
This Act shall come into force on 6 March 2006 (896/2005)
Sections 8b and 8c apply to patent applications filed or deemed to have been filed on or
after the entry into force of this Act.
Sections 41(2) and 70 l(2) apply to a renewal fee falling due on or after the entry into
force of this Act.
The provisions of section 60(2) only apply to final decisions taken after the entry into
force of this Act.
If the sixmonth time limit for reinstatement of loss of rights has expired before the entry
into force of this Act, the provisions of section 71a(2) effective at the entry into force of
this Act continue to apply.
Section 71a(2) applies to patent applications that are pending at the entry into force of
this Act, unless the time limit for reinstatement of loss of rights already has expired.
Act 684/2006 comes into force on 1 September 2006.
Sections 57 b and 61 of this Act also apply to disputes that have been pending before the
entry into force of this Act. In so far as section 61 deals with applying section 60 a, the
section is nevertheless applied in the manner laid down in subsection 3 concerning the
application of section 60 a.
The provisions applicable at the entry into force of this Act apply to disputes pending
before the entry into force of this Act, instead of the provisions of section 60 a of this
Act.