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(Unofficial draft)
No. 550 of December 15, 1967, as amended by Acts No. 653/67 of 29 December 1967, 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 and No. 1695/95 of 22 December 1995
TABLE OF CONTENTS
Sections
Chapter 1: | General Provisions ....................................................................................... | 1 | to | 6 |
Chapter 2: | Patent Applications and Processing ............................................................. | 7 | to | 27 |
Chapter 3: | International Patent Applications ................................................................. | 28 | to | 38 |
Chapter 4: | Scope and Term of Patents........................................................................... | 39 | and | 40 |
Chapter 5: | Annual Fees ................................................................................................. | 41 | and | 42 |
Chapter 6: | Assignment, Licence and Compulsory Licence ........................................... | 43 | to | 50 |
Chapter 7: | Termination of Patent................................................................................... | 51 | to | 55 |
Chapter 8: | Obligation to Furnish Information ............................................................... | 56 | ||
Chapter 9: | Infringement and Compensation; Court Proceedings................................... | 57 | to | 70 |
Chapter 10: | Special Provisions........................................................................................ | 71 | to | 76 |
Entry into Force and Transitional Provisions (Extract) |
Chapter 1 General Provisions
1. Anyone who has made an invention which is susceptible of industrial application, or his successor in title, shall be entitled, on application, to a patent and, thereby, to the exclusive right to exploit the invention commercially, in accordance with this Act.
The following, as such, shall not be regarded as inventions:
(4) presentations of information. Likewise, 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:
2. Patents may only be granted for inventions which are new in relation to what was known before the filing
date of the patent application and which also differ essentially therefrom.
Everything made available to the public in writing, in lectures, by public use or otherwise shall be
considered as known.
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Also the contents of a patent application filed in this country before said filing date shall be considered as known if that application becomes available to the public pursuant to Section 22. Likewise, the contents of a utility model application filed in this country before the filing date of the patent application shall be deemed to have become known if said application becomes available to the public pursuant to Section 18 of the Utility Model Act. The condition in the first paragraph 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.
Applications referred to in Chapter 3 shall, for the purposes of the second paragraph, 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 the first paragraph, 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 the third paragraph of Section 1, 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:
3. The exclusive right conferred by a patent shall imply, with the exceptions stated below, that no one may
exploit an invention, without the owner’s consent, by:
or importing or possessing such product for these purposes. A patent shall also confer on its owner 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 paragraph of this Section. For the purposes of this paragraph, any person using the invention in a manner referred to in the third paragraph, item (1), (2) or (4), shall not be regarded as entitled to exploit the invention.
The exclusive right shall not apply to:
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.
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The right afforded under the first paragraph 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.
inventor’s certificate or utility model protection filed in another country party to the Paris Convention for the Protection of Industrial Property (Treaty Series 36/10 and 43/15) or the Agreement Establishing the World Trade Organization (Finnish Treaty Series 5/95) shall be deemed, for the purposes of the first, second and fourth paragraphs 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 country not party to the above agreements if the corresponding priority deriving from a Finnish application is granted in such country and if the laws of such country substantially conform to the above agreements.
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 Patent Applications and Processing
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 where necessary, 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 microbiological process or to a product thereof
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.
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 the second paragraph of Section 22. 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 annual 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. A fee
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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.
8 a. If the carrying out of the invention involves the use of a microorganism which is neither 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 culture of the microorganism shall be deposited no later than the date of filing of the application. The culture shall be continuously on deposit thereafter so that any person entitled under this Act to a sample of the culture may have the sample furnished in Finland. The Government shall determine where deposits may be made.
If a deposited culture ceases to be viable or if samples of the culture cannot be furnished for other reasons, it may be replaced by a new culture of the same microorganism as prescribed 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.
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 annual fee under Sections 8, 41 and 42, the application shall be dismissed without official notification. Applications dismissed for such reason may not be reinstated.
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.
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Opposition must be filed with the Patent Authority in writing within three months of the date of the
announcement.
From the date on which the application is laid open for public inspection, printed copies of the description,
claims and abstract, giving also the name of the applicant and of the inventor, shall be obtainable from the
Patent Authority.
22. The application documents shall be available to the public as from the date on which the application is
laid open for public inspection.
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 application has been laid open for
public inspection. 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 71b.
At the request of the applicant, the documents may be made available earlier than provided in the first and
the second paragraphs of this Section.
When documents are made available under the second and third paragraphs of this Section, a notice to that
effect shall be published.
If a document contains business secret and if such secret does not concern the invention for which a patent is sought, the Patent Authority may, on request and if good reason is given, order that the document shall not be made available, either in whole or in part. Where such request is made, the document shall not be made available until the request has been refused by a final decision.
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Where the culture of a microorganism has been deposited under Section 8a, any person shall have the right to obtain a sample of the culture once the documents have become available to the public under the first, second or third paragraph. However, this shall not mean that samples will be issued to any person not allowed by law or other rules to handle the deposited microorganism. 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 microorganism.
Notwithstanding the provision in the first sentence of the sixth paragraph, samples of a deposit shall be issued only to a special expert, if the applicant so requests, until the patent application has been laid open for public inspection or a final decision has been taken without it being laid open for public inspection. 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.
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.
A decision rejecting a request for reinstatement under the third paragraph of Section 15 or the first paragraph of Section 20 or decisions granting a request for transfer of an application under Section 18 may be appealed from by the applicant. Decisions rejecting a request for transfer of an application under Section 18 may be appealed from by the person making the request.
Decisions rejecting a request for an order under the fifth paragraph of Section 22 may be appealed from by the applicant who made the request.
Chapter 3 International Patent Application
28. “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
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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.
Where an applicant has requested that the international application be the subject of an international preliminary examination, and if within 19 months of the date referred to in the first paragraph of this Section he had stated his intention under the Patent Cooperation Treaty and its Regulations to use the results of the international preliminary examination in applying for a patent for Finland, he shall comply with the requirements of the first paragraph within 30 months of that date.
If the applicant has paid the prescribed fee within the time limit laid down in the first or second paragraph, 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.
The applicant shall not be required to appoint a representative domiciled in Finland under Section 12 until
examination of the application begins. The second and third paragraphs of Section 22 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.
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 the third paragraph. 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.
34. An international application shall not be accepted for laying open to public inspection nor be rejected before expiration of the time limit laid down by the Government, unless the applicant agrees to an earlier ruling on the application.
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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 the first paragraph in those cases where the Patent Authority has found that the application includes independent inventions. The first and second paragraphs of Section 25 shall apply mutatis mutandis.
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 the first paragraph above shall be computed as from the date on which the decision of the appeal authority becomes final.
A request for review under the first paragraph 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.
Where the Patent Authority finds that the decision by the receiving Office or by the International Bureau was incorrect, it shall examine the application as provided in Chapter 2. If the receiving Office has not accorded an international filing date, the application shall 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 shall be accepted in that respect.
The second sentence of the second paragraph of Section 2 shall apply to applications accepted for examination under the third paragraph of this Section if the application is made available to the public under Section 22.
Chapter 4 Scope and Term of a Patent
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A prescribed annual fee shall be payable for the patent in respect of each fee year beginning after the grant. If a patent is granted before annual fees for the application have become due under Section 41, the owner of the patent shall also be required to pay annual fees for the fee years beginning prior to the grant of the patent, at the time the annual fee for the patent becomes due for the first time.
Chapter 5 Annual Fees
41. The annual fee shall be payable on the last day of the calendar month during which the fee year begins. The annual fees for the first two years, however, shall not become payable until the fee for the third fee year is due. Annual fees may not be paid earlier than six months before the due date.
For a later application under Section 11, the annual fees for fee years which have begun before the filing date of the later application, or which begin within two months of that date, shall in no event become due before two months have elapsed since such date. The annual 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 shall in no event become due before two months have elapsed following the date on which the application was pursued or otherwise prosecuted.
Annual fees, together with prescribed additional fees, shall be payable within the six months following the due date.
42. Where the applicant or owner of the patent is the inventor and if he experiences serious difficulty in paying the annual 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 annual 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 annual fees for which respite of payment has been granted under the first paragraph may be paid
together with the additional fee prescribed in the third paragraph of Section 41 within the six months following the date up to which respite was granted.
Chapter 6 Assignment, Licences and Compulsory Licences
same shall apply if a patent has been given as security.
On proof that a licence or a mortgage recorded in the Register is no longer in force, the entry of that licence
shall be deleted from the Register.
The first and second paragraphs shall apply mutatis mutandis to compulsory licences and to rights under the
second paragraph of Section 53.
The person last recorded in the Register as the patentee shall be deemed the owner 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 mortgage in a patent, prior
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assignment of the patent for rights therein shall not be enforceable against him if the other party has not previously requested registration as the assignee or holder of rights in the patent.
Chapter 7 Termination of the Patent
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had been approved for laying open to public inspection. A patent may not be declared invalid on the grounds that the owner of the patent was entitled to a part of the patent only.
Legal proceedings may also be instituted, with the exception laid down in the fourth paragraph of this Section, by any person who suffers prejudice on account of the patent or by a public authority appointed by the Government for reasons of public interest.
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 owner of the patent acted in good faith at the time the patent was granted or assigned to him.
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. The fourth paragraph of Section 52 shall apply with respect to the time limit within which proceedings shall be instituted.
Where the person deprived of the patent had, in good faith, begun commercial exploitation of the invention in this country or had made substantial preparation 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 the second paragraph of this Section may only be transferred to third parties together with the
enterprise in which they are exploited or in which exploitation was planned.
Chapter 8 Obligation to Provide Information
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 culture of a microorganism under Section 8a, such consent shall also include the right to obtain a sample of the culture. The second and third sentences of the sixth paragraph and the seventh and eighth paragraphs of Section 22 shall apply in the event of a person wishing to obtain a sample on the basis of such consent.
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.
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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.
57 a. If a patent has been granted for a process for obtaining a product, any identical product produced without the consent of the owner 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.
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 damages over the five years prior to
institution of proceedings. The right to compensation for damages suffered prior to that period shall lapse.
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 owner 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 the first paragraph may be seized if it is reasonable to assume that the offence referred to in Section 57 has been committed. In such case, the general provisions on seizure in the Coercive Criminal Investigation Means Act shall apply.
Notwithstanding the provisions of the first paragraph, the court may order, on request, if there are special reasons for this, that the holders of objects referred to in the first paragraph 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.
60. 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 it has been announced under Section 21 that the application has been laid open to public inspection, 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 announcement of the laying open of the patent application may be assessed only on the basis of the second paragraph of Section 58.
The third paragraph of Section 58 shall not apply if action for compensation is brought within one year of the grant of the patent.
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61. Where a patent has been declared invalid in a final decision, no penalty, payment of compensation or
other measures may be ordered under Sections 57 to 60 or Section 2 of Chapter 49 of the Penal Code. 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.
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.
63. The owner 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 owner 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 the first paragraph of this Section, that the patent is invalid, the second paragraph of Section 61 shall apply mutatis mutandis.
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 holders of a mortgage thereof. If a licensee wishes to bring an action for infringement or for a declaratory judgment under the first paragraph of Section 63, he shall notify the owner of the patent thereof.
The requirement to notify pursuant to the first paragraph 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 the first paragraph, the plaintiff shall be given a time limit to do so. If such time limit is exceeded, the
action shall not be heard.
65. The District Court of Helsinki shall be competent to hear proceedings in respect of:
(6) assessment of compensation under Section 75. In addition to the cases provided in the first paragraph, the District Court of Helsinki shall also be competent in matters concerning the right to an invention for which a European patent under 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 have agreed that the District Court of Helsinki shall be competent in the case. A dispute referred to in the first paragraph 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
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Helsinki shall postpone the hearing of the case until the question of competence has been finally decided by the foreign Court.
65 a. A final decision taken by a court of a Contracting State of the European Patent Convention in a dispute referred to in the second paragraph of Section 65 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.
Where the Court has granted an injunction or ordered seizure under the first paragraph of this Section, 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.
Chapter 9 a Supplementary Protection Certificate for Medicinal Products
a70 a. Council Regulation (EEC) No. 1768/92 provides for the creation of a supplementary protection certificate for medicinal products. In addition, the provisions of this Chapter shall apply in respect of supplementary protection certificates.
b70 b. Applications for supplementary protection certificates shall be filed with the National Board of Patents and Registration of Finland.
c70 c. The applicant shall pay the prescribed application fee. The owner of the certificate shall pay the prescribed annual fee for the supplementary protection certificate.
d70 d. 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.
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70 f. 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 application designation Finland.
70 g. 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.
70 h. A European patent has effect in this country only if the applicant of patent holder 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 holder’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.
70 i. The provisions of the first paragraph of Section 71a correspondingly apply to filing of a translation under the first paragraph of Section 70h and payment of a fee for printing the translation. If it is decided under the first paragraph of Section 71a 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 the first paragraph of Section 70h has expired but before the announcement according to the first paragraph above has been published, has begun in good faith to use the invention commercially in this country or has made substantial preparations therefor, he shall enjoy the right provided in the second and third paragraphs of Section 71 c.
70 j. The provisions of the first paragraph, subparagraph 4, of Section 52, 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.
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70 k. 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.
70 l. Prescribed annual 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 an annual fee for a European patent is not paid according to the provisions in the first paragraph and in Section 41, Section 51 shall be correspondingly applicable. The first annual fee is not, however, due for payment before two months have passed from the date on which the patent was granted.
70 m. A European patent application which has been accorded a filing date by the European Patent Office shall have the same effect in this country as a Finnish patent application filed on said date. If the application under the European Patent Convention enjoys priority from an earlier date than the filing date, such priority shall have effect also in Finland.
For the purposes of the second paragraph of Section 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 158(1) of the Convention if said publication is ruled by the European Patent Office to be equivalent to publication pursuant to Article 93.
70 n. 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 pursuant to the first paragraph has been made, the provisions concerning patent infringement shall apply correspondingly if the application results in a patent for Finland. In such case, however, the patent protection shall only extend to that revealed in both the patent claims as worded when published and the claims according to the patent. Punishment shall not be imposed in this case and damages for use taken determined pursuant to the second paragraph of Section 58.
The provisions of the third paragraph of Section 58 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 filed, within one year after the decision by the European Patent Office to maintain the patent.
70 o. 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.
70 p. 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.
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70 q. If the applicant or the proprietor of a patent files with 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, 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 the second and third paragraphs of Section 71c.
70 r. 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 the first paragraph, began, in good faith, to use the invention commercially in this country or made substantial preparations therefor, he shall enjoy the right specified in the second and third paragraphs of Section 71c.
70 s. 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:
If an application for a European patent 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 to an application for a national patent, in compliance with the provisions of Articles 135 and 136 of the European Patent Convention. The applicant shall also pay the prescribed application fee and file the translation of the patent application according to the fifth paragraph of Section 8 within the prescribed time limit.
If the patent application referred to in the first and second paragraphs 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.
71. The owner of a patent who is not domiciled in Finland shall be required to appoint a representative domiciled in the country with authority to receive service of writs of indictment or summonses and other
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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.
If the patentee has not appointed a representative pursuant to the first paragraph of this Section, documents to be served may be sent to him by prepaid registered mail to his address as recorded in the Patent Register. If no address is recorded in the Register, summonses and notices may be served by advertisement in the Official Gazette. Service shall be deemed to have been effected when the procedure described herein has been completed.
Subject to reciprocity, the Government may decree that the first and second paragraphs of this Section shall not apply to the owner of a patent domiciled in a specified foreign country, or to the owner 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 the first paragraph of this Section.
71 a. If a patent applicant or the owner of a patent, in a case other than the one referred to in the second paragraph, has suffered loss of rights because he has not taken action before the Patent Authority within the time limit laid down in this Law or its Regulations, but has done everything that can be reasonably required of him to observe the time limit, and if he takes such action within two months of the time at which the
cause of his non-compliance ceases–and in any event not later than one year after expiration of the time limit–the Patent Authority shall declare that the act shall be deemed to have been done within the prescribed time limit. If the applicant or owner of a patent wishes to obtain such a declaration, he shall advise the Patent Authority in writing, within the stipulated time limits laid down for taking the action and pay the prescribed fee.
The first paragraph shall similarly apply to an applicant or to the owner of a patent who has not paid the annual fee within the time limit laid down in the third paragraph of Section 41 or the third paragraph of Section 42. In such case, however, the annual fee shall be paid and the request submitted within six months of expiry of that time limit.
The first paragraph shall not apply to the time limit laid down in the first paragraph of Section 6. The first paragraph of this Section shall also apply to international applications which have been pursued in Finland as regards the time limit to be observed with respect to the receiving Office, the International Searching Authority, the International Preliminary Examining Authority and the International Bureau of WIPO. Failure to observe that time limit must then be remedied at the Patent Authority. However, this provision shall not concern the time limit within which the application has to be filed in order to enjoy the priority of an earlier application.
71 b. 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 action 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:
Where the applicant requests a declaration under the first paragraph of this Section, he shall advise the Patent Authority in writing to that effect within the time limit laid down for taking the action in that paragraph.
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71 c. 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, a relevant announcement shall be made.
Any person who in good faith has started commercial exploitation of an invention 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 the second paragraph of this Section may only be transferred to another person together with the business in which it originated or in which exploitation of the invention was intended.
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.
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.