Summary

  For filing a Utility model application the same documents as for a patent application are required except abstract. The kind of inventions which may be protected through utility model registration in Finland is the same as for patents except methods or processes which cannot be protected by utility model. There is only a formal examination as to utility models and, therefore, the registration is usually to be expected within about four to six months. The applicant may request an examination as to novelty and inventiveness against payment of a fee.

Patent applications are examined as to formal matters and as to novelty and patentability.  From the day on which the patent is granted, the documents are available to the public. Documents are also available to the public when eighteen months from the filing date or priority date have passed.  An opposition to the granted patent can be filed within nine months from the date of grant.

The Examination procedure in Finland is quite slow and the first technical official action is usually to be expected only within four to eight years from the filing date.

A granted patent may be kept in force until twenty years have passed from the day on which the patent application was filed. For pharmaceutical products, Supplementary Protection Certificates can be obtained since July 1, 1994. Annuities are due for applications as well as for patents. The annuities for years 1-3 become due on the third year, after which the fees are to be paid annually. Due date is the last day of the month of the filing. Annuities may be paid within six months after the due date, on payment of a 20% fine.  The marking of patented goods is not obligatory. Anyone who indicates that a patent has been applied for or granted, without simultaneously giving information with regard to the serial number of the application or the patent, is obliged, upon request, to give such information without delay.  If, three years after the granting of the patent or four years after the filing of the patent application, the invention is not worked in Finland to a reasonable extent, anyone who wishes to work the invention in Finland may obtain a compulsory licence if no acceptable excuses for failure to work the invention are made. Export to Finland is considered equivalent to working the invention in Finland.  A compulsory licence may only be granted to a person deemed to possess the necessary prerequisites to exploit the invention and who, prior to the claim for the compulsory licence, has verifiably tried to obtain a licence on reasonable commercial conditions. 

Requirements

UTILITY MODELS

Minimum requirements:

-         applicant's name,

-         and filing date, number and country of priority application,

-         Or specification (plus drawings) and claims in any language.

Full requirements:

-         applicant's name, domicile (seat) and address,

-         inventor's name and address,

-         specification and claims (2 sets) to be translated into Finnish; claims to be translated also into Swedish,

-         drawings format A4 (6 sets); in case of text drawings: one set untexted,

-         power of attorney signed by the applicant (no legalization),

-         assignment of invention signed by the inventor(s) (no legalization), or declaration of applicant's right to employee invention,

-         priority data; priority document to be filed upon request,

-         if applicant has changed: assignment of priority signed by original applicant (no legalization).

UTILITY MODEL RENEWALS

-         Applicant's name, domicile (seat) and address. Renewal is due 4 years after the application date for a second 4 years' period, and after that for an additional 2 years' period. Our renewal surveillance has been entrusted to Patrafee Ab.