- Patents Act*(No. 550 of December 15, 1967, as last amended by Act No. 243 of March 21, 1997)
- Chapter 1 General Provisions
- Chapter 2 The Processing of Patent Applications and the Opposition Procedure (21.3.1997/243)
- Chapter 3 International Patent Application (6.6.1980/407)
- Chapter 4 The Scope and Term of a Patent
- Chapter 5 Renewal fees (10.5.1985/387)
- Chapter 6 Assignment, Licenses and Compulsory licenses
- Chapter 7 Termination of the Patent
- Chapter 8 Obligation to Provide Information
- Chapter 9 Liability, Obligation to Pay Compensation and Court Proceedings
- Chapter 9a Supplementary Protection Certificates (21.3.1997/243)
- Chapter 9b European Patents and Applications for European Patents (22.12.1995/1695)
- Chapter 10 Special Provisions
12BPatents ActF*
(No. 550 of December 15, 1967, as last amended by Act No. 243 of March 21, 1997)
TABLE OF CONTENTSF**
Sections
Chapter 1: General Provisions.........................................................................................HU1-6U
Chapter 2: The Processing of Patent Applications and the Opposition Procedure........HU7-27U
Chapter 3: International Patent Application................................................................HU28-38U
Chapter 4: The Scope and Term of a Patent................................................................HU39-40U
Chapter 5: Renewal fees..............................................................................................HU41-42U
Chapter 6: Assignment, Licenses and Compulsory Licenses......................................HU43-50U
Chapter 7: Termination of the Patent...........................................................................HU51-55U
Chapter 8: Obligation to Provide Information...................................................................HU56U
Chapter 9: Liability, Obligation to Pay Compensation and Court Proceedings..........HU57-70U
Chapter 9a: Supplementary Protection Certificates..................................................HU70a-70eU
Chapter 9b: European Patents and Applications for European Patents....................HU70f-70sU
Chapter 10: Special Provisions....................................................................................HU71-76U
0BChapter 1 General Provisions
* Finnish title: Patenttilaki.
Act of No. 550 of December 15, 1967, as amended by Acts Nos. 563 of December 29, 1967, 575 of July 2, 1971, 407 of June 6, 1980, 387 of May 10, 1985, 801 of May 10, 1991, 577 of November 13, 1992, 1034 of November 13, 1992, 1409 of December 18, 1992, 593 of June 28, 1994, 717 of April 21, 1995, 1695 of December 22, 1995 and 243 of March 21, 1997.
Entry into force (of last amending Act): April 1, 1997. Source: Communication from the Finnish authorities.
Note: English translation furnished by the national authorities and edited by the International Bureau of WIPO.
** Added by the International Bureau of WIPO.
1 See Industrial Property Laws and Treaties, MULTILATERAL TREATIES—Text 1-016 (Editor’s note).
2 See Industrial Property Laws and Treaties, MULTILATERAL TREATIES—Text 2-006 (Editor’s note).
3 See Industrial Property Laws and Treaties, MULTILATERAL TREATIES—Text 2-007 (Editor’s note).
4 See Industrial Property Laws and Treaties, MULTILATERAL TREATIES—Text 2-008 (Editor’s note).
5 See Industrial Property Laws and Treaties, REGIONAL LAWS—Text 2-001 (Editor’s note).
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:
(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. (6.6.1980/407)
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. (6.6.1980/407)
Patents 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 essentially biological processes for the production of plants or animals. However, patents may be granted for microbiological processes and products thereof. (6.6.1980/407)
2. (6.6.1980/407) 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. 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 HUSection 22UH. 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 HUSection 18UH of the Utility Model Right 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. (10.5.1991/801)
Applications referred to in HUChapter 3UH 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 HUSections 29UH and HU38UH. 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 HUSection lUH, 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).
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 paragraph of this Section. For the purposes of this paragraph, any person using the invention in a manner referred to in the third paragraph, HUitem (1)UH, HU(3)UH or HU(4)UH, 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) 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.
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 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.
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.
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 country party to the Paris Convention for the Protection of Industrial PropertyF1F (Finnish Treaty Series 36/70 and 43/75) 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 HUSection 2UH and of HUSection 4UH, 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. (22.12.1995/1695)
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.
1BChapter 2 The Processing of Patent Applications and the Opposition Procedure (21.3.1997/243)
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.
8. (6.6.1980/407) Applications for patents shall be filed in writing with the Patent Authority or, in the cases referred to in