- TABLE OF CONTENTS**
- Chapter 1
- Chapter 2
- Chapter 3
- Chapter 4
- Chapter 5
- Chapter 6
- Chapter 7
- Chapter 8
- Chapter 8a
- Chapter 9
- Chapter 10
Act on Utility Model Rights * (No. 800 of May 10, 1991, as last amended by Act No. 1696 of December 22, 1995)
TABLE OF CONTENTS **
* Finnish title: Laki hyödyllisyysmallioikeudesta. For the purposes of this Act, “invention” shall mean a technical solution that is commercially exploitable. (8.12.1995/1396)
The following, as such, shall not be regarded as inventions: 2. An invention must be new in relation to the prior art 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 1 [Patenttilaki] or Section 19 of the Registered Designs Act 2 [Mallioikeuslaki]. 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 referred to in Chapter 8a 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 . (8.12.1995/1396)
A utility model may 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 For the purposes of the second paragraph, publication according to Article 93 of the European Patent Convention3 (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. (22.12.1995/1696)
3. The exclusive right conferred by registration of a utility model shall imply, subject to the exceptions stated below, that no one may exploit an invention without the consent of the proprietor of the utility model right by making, offering, putting on the market or using a product protected by the utility model right, or by importing or possessing such product for these purposes.
The exclusive right 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 on the basis of the circumstances should have known, 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 act infringing the exclusive right 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) , or (3) , shall not be regarded as entitled to exploit the invention. (8.12.1995/1396)
The exclusive right shall not apply to 3 See Industrial Property Laws and Treaties, MULTILATERAL TREATIES—Text 2008 (Editor’s note). first and second paragraphs of Section 2, and 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-mentioned conventions if the corresponding priority deriving from a Finnish application is granted in such country and if the laws of such country substantially conform to those conventions. (22.12.1995/1696)
The Government, or a Registering 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.
1 See Industrial Property Laws and Treaties, FINLAND—Text 2-001 (Editor’s note). 2 See Industrial Property Laws and Treaties, FINLAND—Text 4-001 (Editor’s note).
6. Applications for utility model rights, hereinafter referred to as “utility model applications”, shall be filed in writing with the National Board of Patents and Registration, acting as Registering Authority. In the cases referred to in Chapter 8a applications may also be filed with the patent authority of another country or with an international organization. (8.12.1995/1396)
The application shall contain a description of the invention, accompanied by drawings where necessary, and a precise statement of the subject matter for which utility model right protection is sought (a claim). More specific provisions regarding drawings accompanying the application shall be laid down by decree. The description shall be sufficiently clear to enable a person skilled in the art to carry out the invention with the guidance thereof. Where the invention relates to a product of a microbiological process, Section 8a and paragraphs 6 and 8 of Section 22 of the Patents Act shall apply mutatis mutandis. (8.12.1995/1396)
The inventor’s name shall be stated in the application. If a utility model right is applied for by a person other than the inventor, the applicant shall be required to prove his title to the invention. day the patent application is deemed to have been filed. In other respects, the provisions relating to applications for utility models shall also apply in the case of such utility model applications.
A patent application shall remain pending even if it is converted into a utility model application unless the applicant specifically withdraws the patent application.
8a. (22.12.1995/1696) If a European patent application under the European Patent Convention is to be deemed withdrawn because it has not in due time been received by the European Patent Office from the national Registering Authority of the Contracting State of the European Patent Convention with which the application was filed, it shall, at the applicant’s request, be converted into a utility model application, provided that If a European patent application is to be deemed withdrawn because no translation in its language of proceedings has been submitted to the European Patent Office within the prescribed time limit, it may, at the request of the applicant, be converted into a national utility model application in compliance with the provisions of Articles 135 and 136 of the European Patent Convention. The applicant shall additionally pay the Registering Authority the prescribed application fee and submit a translation pursuant to Section 7 of the utility model application within the prescribed time limit.
If a utility model application within the meaning of the first and second paragraphs satisfies the requirements as to form of the European Patent Convention and its Implementing Regulations, it shall be accepted in these respects. The Registering Authority shall classify the application.
The applicant or, after the utility model has been entered into the Register or been made available to the public under Section 18, anyone may submit a request in writing for an examination to assess whether an invention for which utility model registration has been granted or a utility model application filed satisfies the requirements laid down in the first paragraph of Section 2 . The prescribed fee is payable for the examination. (8.12.1995/1396)
13. If the applicant fails to satisfy the requirements for the application, or if the authority finds other obstacles to the registration of the utility model, the applicant shall be notified thereof by official action and be invited to file his comments or the necessary corrections within the specified period of time.
If the applicant fails to file his comments or to take steps to remove the obstacles within the specified period of time, the application shall be dismissed. The official action issued pursuant to the first paragraph shall include a notice to that effect.
A dismissed application may be reinstated if, within two months of the expiration of the time limit laid down in the official action, the applicant so requests and files comments or takes steps to correct the application and, within the same period of time, pays the prescribed reinstatement fee. An application may be reinstated only once. At the request of the applicant, registration may be postponed for a period of no more than 15 months from the date the application was filed or is deemed to have been filed, or, where priority has been claimed, from the priority date. If the application has been dismissed or rejected, the file shall become available to the public only if the applicant requests the reinstatement of the application or appeals against the decision by which the application was rejected. A prescribed fee is payable for the postponement of the registration.
At the applicant’s request, the application file may be made available to the public earlier than provided for in the first paragraph.
19. If an invention for which a utility model right has been registered or an application for a utility model right does not satisfy the requirements laid down in the second to fourth paragraphs of Section 1 , Section 2 , the second paragraph of Section 6, or Section 8 or
�: General Provisions 1-5
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�Act No. 800 of May 10, 1991, as amended by Acts Nos. 580 of June 26, 1992, 1037 of
�November 13, 1992, 1410 of December 18, 1992, 720 of April 21, 1995, 1396 of
�December 8, 1995 and 1696 of December 22, 1995.
�Entry into force (of last amendments): March 1, 1996.
�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.
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�4 See Industrial Property Laws and Treaties, MULTILATERAL TREATIES—Text 1016 (Editor’s note).
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Chapter 2
�Applications for Utility Model Rights and Their Processing
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Chapter 3
�Opportunity to Require that the Registration be Declared
�Invalid
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