Legislative Implementation of Flexibilities - Finland
| Title: | Sections 1-2 of the Utility Model Act No. 800 of 10/05/1991 |
| Field of IP: | Patents |
| Type of flexibility: | Utility models |
| Summary table: |  |
Provisions of Law
Section 1
Anyone who has made an invention, or his successor in title, shall be entitled, on application, to a utility model right to his invention, and thereby to the exclusive right to exploit the invention commercially, in accordance with the provisions of this Act.
For the purposes of this Act, "invention" shall mean a technical solution that is commercially exploitable.
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; and
(4) presentations of information.
Utility model rights shall not be granted for:
(1) inventions the exploitation of which would be contrary to morality or public policy;
(2) plant or animal varieties; or
(3) processes.
Section 2
An invention must be new in relation to what was known before the filing date of the utility model right application and must differ distinctly therefrom.
The prior art shall be held to comprise everything made available to the public by means of a written or oral description, by use or in any other way. Additionally, the content of utility model right, patent and design applications as filed in this country prior to the above-mentioned filing date shall be regarded as comprised in the prior art if such applications are made available to the public under Section 18 of this Act, Section 22 of the Patents Act or Section 19 of the Registered Designs Act. The requirement set out in the first paragraph, that the invention must differ distinctly from the prior art known before the filing date of the application for a utility model right, shall not apply, however, in such cases.
Applications refered to in Chapter 8 a shall, for the purposes of the second paragraph, have the same legal effect as applications for utility model right filed in this country, pursuant to provisions laid down in Sections 45b and 45f.
A utility model may be nevertheless be registered 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 (Finnish Treaty Series 36/37).
For the purposes of the second paragraph, publication according to Article 93 of the European Patent Convention (Finnish Treaty Series 8/96) shall be equated with the making available to the public of application documents according to Section 22 of the Patents Act. What is said above, also applies to publication according to Article 158(1) of the European Patent Convention where the European Patent Office equates such publication with publication according to Article 93.