Legislative Implementation of Flexibilities - Finland

Title:	Sections 19 and 20 of the Patents Act No. 550 of 15/12/1967 as last amended by Act No. 684 of 21/07/2006
Field of IP:	Patents
Type of flexibility:	Substantive examination
Summary table:

Provisions of Law

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.