Patent Law

Original Language Title: Patenttilaki

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1967/19670550

In accordance with the decision of Parliament: Chapter 1 General provisions article 1 (30.6.2000/650), which is made to a field of technology in any of the invention, which is capable of industrial application, or the right of the inventor, which has moved from the holding may qualify, on application for a patent for an invention, and thus the exclusive right to the exploitation of it, as this is required by law. (18 November 2005/896)
An invention is considered to be only: 1) discovery, scientific theory or mathematical method;
2) artistic creation;
3) plan, the operation of the rule or method, the intellectual, the game or for business purposes, or a computer program; and 4) the presentation of the data.
An invention is considered to be surgical or therapeutic treatment or a diagnosis, which means the method will be applied to humans or animals. The foregoing shall not, however, preclude the issuance of a patent on the product, substances and mixtures including, which is intended to be used in one of the above methods.
A patent is not granted for plant varieties or animal breeds. Inventions which concern plants or animals, however, may be patentable if the technical feasibility of the invention is not confined to a single plant or animal variety. In this Act, the concept of the meaning of a plant variety shall be laid down in the community for the implementation of Council Regulation (EC) 2100/94 No Article 5 of Regulation No 2100/94.
A patent is not granted to the method for the production of plants or animals essentially biological. The processing method of plants or animals shall be deemed to be the Act essentially biological if it is based on the entirety of natural phenomena such as crossing or selection. The foregoing is without prejudice to the patentability of inventions which concern a microbiological or other technical methods and these methods are derived for the product. For the purposes of this Act in relation to the microbiological method method, which is used for the material or by microbiological material or material.
A patent may be granted for an invention, even if it is a biological product consisting of or containing biological material or a process by means of which biological material is produced, processed or used. Which is isolated from its natural environment or produced by means of a technical process of a biological material may be the subject of an invention even if it occurs in the wild. Biological material for the purposes of this Act any material containing genetic information and capable of reproducing itself or being reproduced in a biological system.


1. (a) section (30.6.2000/650) the various stages of its formation and development of the human body, including the sequence or partial sequence of a gene, a discovery cannot constitute patentable inventions.
Isolated from the human body or otherwise produced by means of a technical process, including the sequence or partial sequence of a gene, may, notwithstanding the provisions of paragraph 1 shall constitute a patentable invention, if the requirements for patentability are met, otherwise even if the structure of that element is identical to that of a natural element.


1 (b) of section (30.6.2000/650) a patent is not granted for an invention, the commercial exploitation of which is contrary to public order or good customs.
The commercial exploitation of the invention cannot be considered to be contrary to the public order or good manners on the sole ground that it is prohibited by law or regulation.
For the purposes of the Competition Act, in particular, the following inventions are not patentable: 1) processes for cloning human beings;
2) processes for modifying the germ line genetic identity of human beings;
3) uses of human embryos for industrial or commercial purposes; and 4) processes for modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefit to man or animal, and also animals resulting from such processes.


section 2 (6.6.1980/407) the patent shall be granted only for an invention that is new compared to what has come to be known before the filing date of the patent application, and, in addition, substantially different from it. (18 November 2005/896)
Known to all, what has become public, either through the exploitation of the writing or presentation, or in any other way. Also, prior to the patent application filing date of the patent application, the content in that country shall be deemed to be known, if mentioned in the application, in accordance with the provisions of article 22. As well before the patent application filing date of the utility model application, the content in this country shall be deemed to be known, where the application of the law on utility model rights (800/91) in accordance with article 18. The provision in subparagraph (1) above, according to which an invention is going to materially differ from what has been made available before the patent application filing date, shall not apply to any such patent or utility model application in respect of the content. (18 November 2005/896)
Chapter 3 for the purposes of an application referred to in subsection 2, in some cases, the same legal effect as the undertaking shown in this country by means of a patent application as provided for in article 29 and 38.
The provision in subparagraph (1) above, according to which the invention must be new, shall not prevent the grant of patents, in the case referred to in article 1, the method to be used in the substance or to the mixture, if the use of the substance or mixture is not known in any such method.
The provision in subparagraph (1) above, according to which the invention must be new, does not prevent the grant of patents, in a case referred to in the third paragraph of article 1 of the substance or mixture to be used in the method, if the use of the substance or mixture is not known in this particular method. (18 November 2005/896)
A patent may be granted, even if the invention within a period of six months before the patent application was made public as a result of a manifest abuse: 1), which has been subject to the applicant or to the fact that this will lead to the right; or 2) as a result of the fact that the applicant or the fact that this will lead to the right, has been officially recognised in the official or the invention exhibited at the international exhibition, which means in Paris on 22 November 1928 in the agreement on the international exhibitions (Treaty Series 36/37).


section 3 (6.6.1980/407) Patent the exclusive right includes the subject below the achieved, that other than the holder of the patent for the benefit of the invention may be used without the permission of: 1) by producing, offering, by whomsoever issued, or by using the patented product, or by country or by holding down the possession of this kind of product for the purposes of the above said;
2) by using the patented method or, if he knows or if it is evident from the circumstances, that the method may not be used without the permission of the holder of the patent, by providing such a method to be used in the country; instead of 3) by providing, by whomsoever issued, or use a product made by a patent protected method or by importing country, or the possession of this kind of product for the purposes above.
The exclusive right also includes the fact that other than the holder of the patent for the benefit of the invention may be used without the permission of the offering or providing to someone who does not have the right to use an invention, the invention of the exploitation of a medium in this country, which is one of the essential, if an invention consists in the fact that offers or provide the circumstances on the basis of the instrument, a person who knows, or it is obvious, that the instrument is suitable for and intended for the use of the invention. If the instrument is commonly traded goods, shall apply to the above is provided for only if it offers or provide media, seek to influence the recipient referred to in paragraph 1, in order to take decisions. For the purposes of applying the provisions of this article does not constitute a legitimate invention that uses an invention in favour of subparagraph (3), as referred to in paragraph 1, 3, or 4.
The exclusive right does not include: 1), which does not happen on a professional basis;
the exploitation of a patent protected product 2), which in the European economic area may have been placed on the consent of the holder of the patent or by this;
3 the use of experiments relating to the invention) in the invention;
4) marketing authorisation application for the proprietary medicinal product necessary for studies, experiments or practical requirements arising from the Act, relating to the product of the invention; instead of 5), in accordance with the advice of a physician working in a pharmacy of a medicine in individual cases, or measures, therefore, for those drugs.
(21 April 2006/295), section 3 (a) (30.6.2000/650) the protection conferred by a patent on a biological material possessing specific characteristics as a result of the invention shall extend to all the propagation or multiplication of biological material derived from that biological material in the same or in the form of equipment, those same characteristics.

The protection conferred by a patent on a method through which is produced by the biological material with specific characteristics as a result of the invention consists in that process and to any other biological material derived from the directly obtained biological material through propagation or multiplication in identical or divergent form and possessing those same characteristics.
The protection conferred by a patent on a product containing or consisting of genetic information shall extend to all material in which the product is incorporated and in which the genetic information is contained and performs its function, where (a) the subject to paragraph 1 of the article.
The protection referred to above does not include the biological material, which is obtained from the propagation or multiplication of biological material, by the proprietor of the patent may have been on the market in the European economic area or which have been placed on the market with his consent, where the multiplication or propagation necessarily entails the use for which the biological material has been placed on the market, provided that the material obtained is not subsequently used for other propagation or.


3 (b) of section (30.6.2000/650) by way of derogation from article 3 (a) of section 1 to 3 provides the holder of the patent or with his consent by carried out by plant propagating material to a farmer selling or other marketing of agricultural use implies that the farmer may use the crop to add his own farm, the reproduction or the scope of the exception and the details of the rules are the same as what the Community plant variety rights pursuant to Council Regulation (EC) No 1782/2003 the provisions of article 14 of Regulation No 2100/94.
By way of derogation from article 3 (a) of section 1 to 3 provides the holder of the patent or with his consent in respect of the processing carried out by livestock or other animal reproductive material to a farmer selling or other marketing means that the farmer gets to use the protected livestock for agricultural purposes. This includes marketing of propagating material of the animal or animals for agricultural purposes, but not for the purposes of the commercial activities of the add, or its sales.
More detailed provisions on the content and implementation of the derogations referred to in paragraph 2 may, if appropriate, give the State Council regulation.


section 4 of The patent at the time of filing the application in that country for the benefit of an invention referred to, was used by a professional may be the exploitation of the patent, without prejudice to its general nature, confirming the same to continue, except where the applicant or the patent exploitation include the obvious abuse of the fact, that this will lead to the right. Similar to the exploitation of children is also a under conditions equivalent to those taken for the benefit of the essential steps in order to use the invention professionally in this country.
The right referred to in the first subparagraph may move on to another but the movement, which it is born or in which the exploitation was intended to happen.


Notwithstanding the provisions of section 5 of the patent, the invention can be used for the benefit of a foreign vessel, aircraft or other vehicle to their needs, when such a vehicle on a temporary basis, by means of regular services, or otherwise comes to Finland.
Regulation may provide that the aircraft spare parts and accessories can be a patent, notwithstanding the import and use of the repair of a foreign aircraft here, if the interests of the home country of the foreign vessel shall be issued corresponding to the Finnish aircraft.


section 6 (6.6.1980/407) within the meaning of the patent application, that the invention is the filing date of the patent application within a period of 12 months preceding the granting of a patent or a utility model the right to the application, or the Paris Convention Paris Convention for the protection of the (Finnish Treaty Series 36/1970 and 43/1975), or to the agreement establishing the World Trade Organisation (Treaty Series 5/1995) in the territory of another Contracting State or by another patent, inventor's certificate, or the application for utility model protection shall be deemed to be 2 § 1, 2 , 4, and 5 for the purposes of the competition act as well as article 4, done at the same time with the earlier application, if the applicant so requests. Such a privilege can be used to get a previous protection of the application, which does not mean the United States or the region to those treaties, if there, where the earlier application was filed, shall be granted on application by the Finnish equivalent of a privilege and if there's a valid legislation is largely in line with the agreements mentioned above. (18 November 2005/896)
The regulation provides for a patent authority or under the regulation provides for the priority of the request must be made, how and what documents must be provided in support of the request. If the non-compliance with any legal or regulatory provisions referred to above, is the privilege to be able to get.
Chapter 2 the patent application and the opposition (21 March 1997/243) section 7 (17 June 2011/743) a patent application shall be made in writing to the patent authority or, in the case referred to in Chapter 3 of the patent authority of another country or an international organisation. The patent authority shall keep a journal of the received patent applications.
The patent authority shall, for the purposes of this Act, the Finnish patent authority unless otherwise specified. The Finnish patent authority, is the National Board of patents and registration on.


section 7 (a) (17 June 2011/743) in article 7, the date referred to in the record for each application: 1) the number of the patent application in the journal;
2) categories for which the application is classified as;
the name of the relevant tutkijainsinöörin; 3)
4 the applicant's name, domicile and) address;
5) if the applicant is represented by an agent, the name, domicile and address;
6) name and address of the inventor;
7) the title of the invention;
8) whether an application for a patent, a European patent application converted into a national, international or an application for variation;
9 the date of arrival and date of filing of the application), if the application is a Finnish application for a patent;
10) the international filing date and the date on which the application is section 31: according to the extended or the application has been submitted according to article 38, if the application is an international application for a patent;
11) of the European Patent Convention (Treaty Series 8/1996) as well as the date of filing the date on which the application for the patent authority, arrived at in the case of an application on the application for a European patent into a national application is modified;
12) as a basis for the priority of the earlier application was indicated, as well as the date of filing and the number, if the privilege has been requested;
the position of the application in the journal number 13), if the application is generated by dividing or lohkaisemalla;
14 in the event of the application of the shared or journal number), if an application sharing or lohkaisemisella is the emergence of a new application;
15) julkiseksitulopäivä, if the application has come under the third paragraph of section 22 of the public;
international application number 16), if the application is an international application for a patent;
an application for a European patent application number 17), in the case of an application on the application for a European patent into a national application is modified;
18) the Inbox letters and payments; as well as the decisions of 19).
Under paragraph 1, 2, 3, 6, 7 and 16 – the endorsement referred to in paragraph 18 is confidential until an application for a patent has become public in accordance with article 22.


section 8 (6.6.1980/407) of the Act is repealed by the L:lla therefore, in/743.

Such application shall contain a description of the invention, including drawings as relevant, as well as accurately expressed in it, what you want to protect a patent (patent). The fact that an invention means a chemical compound, the use of the reporting does require a certain level of the patent claims. An explanation will be so clear that a skilled worker may, on the basis of use of the invention. The invention, which relates to the implementation of the biological material, or that is used in the biological material shall be considered as an 8 (a) in the cases referred to in article clearly enough to be filed only if, in addition to the conditions referred to in that paragraph have been met. (30.6.2000/650)
The application should also be an explanation and summary of the patent requirements. The summary is intended only as a source of technical information and is not to be given more importance.
The application shall contain the inventor's name. If patent seeking other than the inventor, the applicant must establish his right to the invention.
A description of the invention, the abstract and claims shall be drawn up in Finnish, Swedish or English. They may also be more than one of these languages. If the patent requirements and a summary of the second national language (s) only, the patent authority shall ensure that the summary of the translation of the patent claims and the other of these languages before the application under article 22. The applicant shall be carried out in fixed version. If the patent claims and a summary has been prepared only in English, the applicant shall submit to the patent claims and a summary version in Finnish or Swedish, before the application under article 22. In this case, the patent authority shall, where necessary, ensure their translation into the other of these languages. (17 June 2011/743)

The applicant shall be confirmed by the payment of the application fee. The application must also be carried out in fixed annual fee for each for the final settlement of the payment for the year prior to the application. (10.5.1985 in/387)
For the first time in the annual payment will be calculated from the date on which the application is made or deemed to have been filed, and after this, the corresponding calendar date. (10.5.1985 in/387), section 8 (a) (30.6.2000/650) if the invention relates to the implementation of the biological material biological material shall be used or an invention, which is not available to the public and which cannot be provided in the application documents, in such a way that you can use the invention on the basis of the professional man, a sample of the biological material must be deposited not later than the date of filing. Biological material must then be permanently deposited in such a way that it is, that according to this law shall be entitled to receive a sample of the deposit, you can get it in Finland. Council of State Decree, which deposits can be made.
If the deposited biological material to lose its vitality, or for no other reason, to be able to sample the same biological material can be used to replace it with a new deposit, as the State Council regulation. If this is done, it is considered to have been made on the date of adoption of the previous deposit, the new deposit.


8 (b) of section (18 November 2005/896), the patent authority shall give the date of the patent application, if: 1) application shows that it is a patent application;
the application for the applicant or 2), the authority may reach out to him; and 3) together with the application documents contain a given, which is to be considered by way of explanation or a drawing, or the application is a reference to the earlier application for a patent or utility model on the date of the application the applicant is given the information in the patent or utility model after the date of filing, the application number, as well as the patent authority, for which the application is made.
If the applicant has not complied with the provisions of paragraph 1, in order to obtain the date, be issued to the applicant an invitation to correct the deficiencies in its patent authority within the time limit. If the applicant has not corrected the deficiencies within a time limit, or it has not been possible to reach out to the applicant, within two months from the date of the application shall be deemed to have been made by the application, not the arrival.
If the applicant is corrected within the time limit laid down in paragraph 2, all applications were submitted in order to obtain a date of filing, the shortcomings of the date will be the date on which all the deficiencies are remedied.


Article 8 (c) (18 November 2005/896) in the case of an application that has been made in accordance with section 8 (b), is incomplete and the patent authority finds that the explanation of the application or the drawings are missing part or parts, to which reference is made to the explanation or the claims, the patent authority shall be issued to the applicant, in its letter to supplement his application within the time limit. If the missing parts are delivered within the set deadline, the date will be the date on which all the deficiencies are remedied, subject to article 2 and 3.
In accordance with paragraph 1, if the later parts of the submitted will be cancelled within one month of the date of their submission, will be filing date of the original filing date.
If you are missing parts will be delivered in accordance with paragraph 1, and the priority of the earlier application are invited and will be about the missing parts of the whole, the filing date of the original filing date, if the applicant so requests, and shall send a copy of the claim to the underlying application within the period laid down in paragraph 1.


8 (d) of section (17 June 2011/743) the patent applicant is entitled to be in the English language, the corresponding application for the patent in writing to the Authority's decisions are subject to the English language, the language of the English if he ask for the patent application was made.
If the applicant has not asked for a decision on the request referred to in subparagraph (1) the language of the English, the patent authority shall give the applicant for an interim decision, which calls for time limits, either to provide the translation of the patent application in Finnish or Swedish or English as the language of the decision in writing to the request. If the applicant is in its defence, the decision of the English language, the English language the decision requested a patent application is the basis for the further processing. If, on the other hand, the applicant has provided a translation of the patent application in Finnish or in Swedish, Finnish or Swedish patent application is the basis for the further processing.
If the patent authority finds that the requirements and a summary of the English patent translation corresponds to the English-language documents, the applicant shall be notified of the invitation to correct the shortcomings of the translation within the time limit.


section 9 (6.6.1980/407), if the applicant so requests and to carry out the established fee, the patent authority shall, by regulation, the application for the search with the terms of the deal signed in Washington on 19 June 1970, patenttiyhteistyösopimuksen in accordance with paragraph 5 of article 15 of the international search authority to run.


section 10 of the Same application may not apply for a patent into two or more mutually independent inventions.


section 11 If a patent is sought for an invention, which is to find out the previous patent application, which has not been finally resolved, there is a subsequent application if required, and under the conditions provided for in the regulation, be considered to have been filed at the time, in which case the documents in which the invention is found out, arrived in patent authority.


section 12 of the Patent applicant, which does not have a registered place of business in Finland, must be a resident of the European economic area, which is entitled to represent him in matters relating to the application. (30.6.2000/650)
If a decision on the application for a patent has not been notified to the applicant on this address, the service can take place by a report published by the National Board of patents and registration in the Patent Gazette. The notification shall be deemed to have occurred when the above steps have been completed. (21 March 1997/243) section 13 (21 March 1997/243) the patent application shall not be amended in such a way, that the patent is applied for one, which is not shown on the application, when an application has been made.


section 14 (21 March 1997/243) section 14 is repealed by L:lla 21 March 1997/243.


section 15 of the provisions relating to the application unless the applicant has not complied with or if the patent authority otherwise considers to be an obstacle to the acceptance of the application, the applicant in the country of domicile or in the nature of a decision, the urge to correct the defect within a specified period. The summary of the patent authority may, however, without consulting the applicant, make the changes that it considers to be necessary. (6.6.1980/407)
Unless the applicant within the period laid down in the decision to give a statement or take any action in order to remedy the defect, which has been pointed out, the application must be lodged with the old. The decision shall be notified of this penalty.
The old, filed the application will be taken up again, if the applicant, within four months of the end of the period laid down in the decision to give a statement or takes steps to correct the defect and, in the same period of time the payment set out in the application, how to run again.
Unless the applicant complete the annual fee, in accordance with section 41 and 42, the application shall be suspended without a decision. So the old application will not be able to be addressed again. (10.5.1985 in/387) section 16 if you still after the adoption of the statement shall be deemed to be an obstacle to the acceptance of the application, and the applicant has had the opportunity to give a statement, the application must be dismissed if there is no reason to issue to the applicant a new injunction.


section 17 If someone claims the patent authority that he has a better right to the invention than the applicant, and if the matter is considered unclear, the patent authority may, in the decision to bring an action before the Court invites him to within a specified period, failing which the claim shall not be taken into consideration in the patent application to continue processing.
When the dispute for the better right to the invention claimed in the patent are pending before the Court, the processing of the application may be suspended until the thing is finally resolved.


section 18 If someone shows the patent authority that he has a better right to the invention, the patent authority, the applicant will be his demand to transfer the application to him. The patent application having been transferred to himself, shall be carried out in a new application fee.
When the transfer is requested, the application must not be suspended, to reject or to accept or cancel before the claim has been finally investigated.


section 19 (21 March 1997/243) if the application is not considered to be a barrier in accordance with the provisions for the approval of the application, the patent authority shall inform the applicant that the application can be accepted.
When the Declaration referred to in paragraph 1 has been issued a patent to the applicant, the requirement referred to in article 11, is not allowed to do and not applying for a patent be amended in such a way that patent protection is expanding.
The applicant shall be fixed in the printing of the fee within two months from the date of notification pursuant to paragraph 1 has been issued to him. The application must be lodged with the old, if the payment is not made. The old, filed the application will be taken up again, if the end of the said period, the applicant shall, within four months, as well as the payment of the fee set out in the application to perform printing on.

When the inventor applies for a patent, and request exemption from printing an additional fee within two months from the date of notification pursuant to paragraph 1 has been issued to him, the patent authority may, without prejudice to the exemption granted to him, if the payment is deemed to produce him considerable trouble. If the request is rejected, shall, within two months of the rejection of the payment to be considered to have been made in the right time.


under section 20 (21 March 1997/243) When the applicant has done what is required of him, according to article 19, comes to the patent authority unless the barrier still not accept the application. The approval of the application is an announcement.
The patent has been granted on the date of publication of the mention of the decision on their application, when it is. A patent granted by the patent authority to keep the patent in the register is important. The holder of a patent is to be given to the patent manual.


section 21 (17 June 2011/743) from the date of granting of the patent, the patent authority shall be regarded as including the public available patent release that contains an explanation of the invention, claims and abstract as well as notification of the holder of the patent, and in same time. If the application for the adoption of the decision in accordance with section 8 (d) of the English language, the explanation given in the publication of the patent shall be in the English language and the English language, in addition to the requirements, as well as a summary of the Finnish or Swedish language.


section 22 of the Patent documents are open to the public from the date of granting the patent. (21 March 1997/243)
The documents are also in the public domain, when 18 months have elapsed from the date of the patent application or, where priority is requested, the date from which priority is requested, even if the patent has not yet been granted. If the application was filed in a suspended or refused, however, to make public the documents just in case, that the admission of the applicant to request an application or for a change to, or makes a 71 (a), or in accordance with article 71 (b). (21 March 1997/243)
At the request of the applicant, documents will be made public in the past, as provided for in paragraph 1 and 2.
When the documents will be made public, according to paragraph 2 and 3, is it an announcement.
If a document contains business secrets, and if this not apply to an invention for which a patent is applied for, or for which a patent has been granted, the patent authority may, if required, for a special reason and order that the document not be made available to the public. If such a claim is made, the document is not public until the claim has been rejected by a final decision. (21 March 1997/243)
If the biological material has been deposited in accordance with section 8 (a), each have the right to obtain a sample of the biological material, when the documents are entered into in accordance with paragraph 1, 2 or 3. Notwithstanding the above, does not, however, be shared with the sample, that according to the rules in force, can not get possession of the biological material deposited. The sample is not shared with any third party who is in possession of it because of injury-producing a significant risk may be caused. (30.6.2000/650)
Before the patent is granted or for 20 years from the date of the patent application, if the application for a patent is solved once and for all it will be, without a patent, a sample of the deposit of the relevant provision of the first sentence of paragraph 6, in spite of the disclosed only to a special expert, if the applicant so requests. Regulation, when such a request can be made and who is the requester of the sample can be used as an expert. (21 March 1997/243)
Anyone who wants to get a sample, must request it in writing to the patent authority and commit to comply with the regulation, the provisions on the prevention of the abuse of the sample. If the sample may be supplied only to a special expert, will this give the undertaking referred to above. (10.5.1985 in/387) (21 March 1997/243) If the application is lodged, expired or rejected public come, speak, and it is a decision the force of law.


section 24 (17 June 2011/743), anyone can make an argument against patents. Notice of opposition shall be filed with the patent authority within nine months from the date of the grant of the patent. The claim must be made in writing and the grounds on which it is made. The opposing party shall make the payment provided for in the structure of the National Board of patents and registration charges for services (1032/1992) and the instruments adopted on the basis thereof.
When the invention is drawn up in the English language, the holder of the patent shall, at the request of the opposition during the proposed explanation of the translation shall at the same time, the language in which the translation is provided for your requirements. Explanation of the translation shall be submitted within the time limit of the patent by the patent authority. If the patent authority finds that the explanation of the English translation of the applicant shall be responsible for an explanation, a call to correct the shortcomings of the translation within the time limit.
If the proprietor of the patent does not provide the translation referred to in paragraph 2 within the time limit, the patent authority may, subject to a penalty payment, to oblige the holder of the patent to submit a translation of a translation, or cause to be carried out at the expense of this. The Finnish and Swedish languages, the translated documents are the basis for the further processing.
When a patent against which the opposition has been directed, it shall bring into force the attention of the holder of the patent and the holder of a patent is to be given an opportunity to give the statement. The holder of the patent, which does not have a registered place of business in Finland, during the processing of the claim will be referred to in article 12.
The patent authority may, if there are special reasons to take the opposition into account, even if the patent has lapsed or void in accordance with section 51, or the claim will be cancelled. If the opposing party withdraws its objections, he will not be able to appeal against the decision taken by the patent authority. The patent authority shall take into account, even if the claim was a claim for a patent is the subject of a conviction by final judgment before the conclusion of the argument, the limited.


section 25 (30.6.2000/650) in response to the claim of the patent authority shall revoke the patent, when: 1) the patent is granted, even if the 1, 1 (a), 1 (b), and article 2 of the conditions laid down have not been met;
2) patent means the invention, which has not been presented so clearly, that the expert may, on the basis of use of the invention;
3) patent, which did not show the application it was made; or 4) of the patent has been extended since then, when article 19 of the Declaration referred to in subparagraph (1) of n.
The patent authority shall reject the claim, if retaining a patent there is no obstacle within the meaning of subparagraph (1).
If the proprietor of the patent during the opposition proceedings have changed the patent in such a way that the pysyttämiselle maintained in an amended form, the patent is no obstacle referred to in subparagraph (1), comes to the patent authority to maintain the patent maintained in an amended form.
If the patent is to be maintained in an amended form, the patent authority shall keep the modified patent publication audience available.
The patent authority shall speak, and as a result of the decision taken this from the opposition.


section 26, (21 March 1997/243) the final decision of the patent authority of the patent application, the applicant may apply for a change, and if the decision is against him. The holder of the patent or the opponent may appeal against a final decision of the authority as a result of the claim to a patent, if the decision is against him. (31.1.2013/101)
The decision, which provided for in article 15, or the third paragraph of article 19 of the admission application, the request referred to in article 18, has been dropped or the intended requirement to transfer the application approved, the applicant may apply for a change. The decision on the transfer of the application has been rejected, with the requirement, the requirement may be subject to appeal.
The decision, in which the requirement referred to in subsection 5 of section 22 of the order has been refused may appeal the claim element.


section 27 (31.1.2013/101) section 26 of the Patent authority, the decision in the cases referred to in the event of an appeal by appealing to the market as the Government on the law of patents and registration of Finland (575/1992).
The processing of an appeal, as referred to in subparagraph (1) above market law provides for the right to start in the market (100/2013).
What section 22 (5) of the Act provides for a patent from the public eye, applies, mutatis mutandis, to the documents, which are provided to the right of the market or the Supreme Administrative Court.

(L) the Government of patents and registration of Finland 575/1992 is repealed by the National Board of patents and registration of the Government L:lla 578/2013.



section 27A (31.1.2013/101) When the applicant for a patent for a change in English, the corresponding patent applications patent authority, the final decision on his right to the invention of the explanation should be delivered to the market, the conditions for the translation of the Executive summary and in Finnish or in Swedish. If the translation is not submitted to the appeal, the applicant of the patent law of the market must be reserved an opportunity to supply a translation within a period to be determined by the law of the market. If the patent applicant does not submit the translation within the time limit, the appeal is inadmissible. To urge the applicant to submit a translation of the patent right shall at the same time be informed of the market in which failure to comply with a sanction letter can be. The Finnish and Swedish languages, the translated documents are the basis for the further processing.

When the applicant for a patent for a change to the final patent application, the patent authority of the English language, the Finnish market court decision by the patent authority to request a translation in Finnish or in Swedish. The Finnish and Swedish language translated into the further processing of the basis for the decision.
When applying for a change in the result of the final patent authority decision on the claim of the holder of the patent must provide a translation in Finnish or Swedish market Court explanation, if the patent document is not fully available in Finnish or in Swedish. Where appropriate, the holder of the patent law of the market will be the opportunity to reserve the right to supply a translation within a period to be determined by the market. If the patent holder does not submit the translation within the time limit, on pain of a fine, the market court may require a translation of a translation of the patent-holder to provide, or cause to be carried out at the expense of this. To call on the holder of the patent to submit a translation of the Finnish market Court is at the same time be informed of the penalties for non-compliance in order to comply with the call, which can be. The Finnish and Swedish languages, the translated documents are the basis for the further processing.


Article 27 (b) (17 June 2011/743) For a description of the invention and patent requirements have been drawn up in English and the language is English, the patent holder has the opportunity to give a corrected version of the patent authority. The holder of the patent shall be carried out in the translation of the publication fee. The patent authority shall, without delay, with the broadcast of the correction in Finnish and Swedish, and keeps the harvested is available to the public as soon as possible the translation of the replicas. The alert after the corrected translation shall replace the original translation.
If someone in good faith upon the entry into force of the correction of the translation has begun to use the invention professionally in this country in such a way that, in accordance with the earlier translation is not caused by the infringement, the holder of the patent or the essential measures to that end, had he not 71 (c) and (3) of article 2 of the law.
Chapter 3 (6.6.1980/407) an international patent application in accordance with § 28 (6.6.1980/407) an international patent application shall mean an application made in accordance with patenttiyhteistyösopimuksen.
An international patent application shall be made to a patent authority or to an international organisation, which according to the rules of patenttiyhteistyösopimuksen and its application shall be entitled to receive such an application (receiving authority). On the receiving end of authority works in Finland, the National Board of patents and registration as provided for in the regulation. Here for the international patent application, the applicant must carry out the payment.
29 – 38 of the international application in accordance with the Finnish.


section 29 (18 November 2005/896) an international patent application for which the receiving authority has established the international filing date, it is in this country, have the same effect as short by the day of Finnish patent application. The first subparagraph of article 2, in the second sentence, applies to international applications, if the application has been extended in accordance with article 31.


section 30 (6.6.1980/407) an international patent application shall be deemed to be withdrawn in respect of Finland, patenttiyhteistyösopimuksen (i) and (ii) of paragraph 1 of article 24 of the cases referred to in points.


section 31 (on November 19, 2004/990) if the applicant wishes to continue the international application in the case of Finland, he shall within 31 months from the priority date or, if the international will be asked, from the date on which the privilege has been requested to provide a patent authority, the international application in Finnish, Swedish or English translation, to the extent that the State Council Regulation lays down or, if the application has been drawn up in Finnish, Swedish or English, a copy of the application. The applicant shall, within the same period to carry out the payment to the patent authority. (17 June 2011/743)
If the applicant has paid the fee established in accordance with subparagraph 1, a copy of the translation or he will be able to provide the required within a further period of two months, provided that the additional payment will be made by the latter to the established time limit.
Unless the applicant is in compliance with the requirements of this section, the application to be considered withdrawn in the case of Finland.


32 section (on November 19, 2004/990), section 32 is repealed by L:lla on November 19, 2004/990.


Article 33 (6.6.1980/407) if the international application is, in accordance with article 31, shall apply to the processing of the application and the provisions of Chapter 2, unless otherwise provided for in this article or in articles 34 to 37 of the financial regulation, provides otherwise. The application can be only the applicant's proposal to raise the issue of the before section 31 of the expiry of the time limit laid down in paragraph 1. (on November 19, 2004/990)
In accordance with article 12 of the law of responsibility, according to which the applicant must be a resident of the European economic area, will start only when the application is admissible. (30.6.2000/650)
Article 22 (2) and (3) shall apply to an application before the applicant has continued, when the applicant has complied with its obligation under article 31 to provide a translation of the application or, if the application has been drawn up in Finnish, Swedish or English, a copy of the patent application, the applicant has given authority. (17 June 2011/743)
For the purposes of 48, 56 and 60 of the international application shall be deemed to have been made public after the applicant has complied with the obligations under subparagraph (3). (10.5.1985 in/387)
If the patent application complies with the patenttiyhteistyösopimuksen, as well as the application of the rules on the form and content of the provisions relating to the application, it is acceptable in this regard.


34 section (21 March 1997/243) of the adoption of an international patent application may not make the Declaration referred to in subparagraph (1) of section and that patent applications be rejected before the expiry of the time limit to be prescribed by regulation, if the applicant does not agree to the fact that the application will be resolved before then.


Article 35 (18 November 2005/896), the patent authority shall not, without the consent of the applicant to publish international patent applications or in a manner equivalent to and not to grant such a patent to the invention claimed in the patent application before the International Bureau of the world intellectual property organization has released an application or from the date on which the 20 months have elapsed since the international or, where priority has been requested, the date from which priority is requested.


36 section (6.6.1980/407) If any part of the international patent application has not been the subject of an investigation or the feasibility study of the patentability of the international innovation, therefore, that the application has been deemed to include independent inventions, and the applicant has not performed in accordance with the patenttiyhteistyösopimuksen charge, is the patent authority shall examine whether the solution was incorrect. If the solution is deemed correct, is it part of the application that is not, to be regarded as withdrawn by the patent authority, unless the applicant complete the fee provided for in the authority, within two months of the date on which the applicant has received the decision by the patent authority. If the solution to the patent authority considers that it has not been right, it must continue the examination of the application in its entirety.
The applicant may appeal against the decision referred to in paragraph 1, where the Patent Office considers that the patent application includes independent inventions. In this case, it is, mutatis mutandis, to comply with article 27 (1) of the Act provides. (18 November 2005/896)
If the appeal authority shall retain the amount of time the patent authority, the decision shall be the fee referred to in the second sentence of subparagraph 1 of the execution of the decision of the appeal authority has acquired the authority of a final decision.


37 section (6.6.1980/407) If international patent application in any part of the feasibility study of the patentability of the subject has not been international because of the fact that the applicant for a patent has been restricted by the authority carrying out the research in response to either to restrict the claims or to carry out an additional fee, it is considered that the application of that is not, to be withdrawn, the patent authority unless the applicant, within two months of the run to the charge provided for in, the date on which the applicant receives the notification sent by the patent authority to him about this.


38 section (6.6.1980/407) if the receiving authority has refused to grant the international patent application international filing date or has declared that the application shall be deemed to be withdrawn or that the requirement that the application includes Finnish, shall be deemed to be withdrawn, the patent authority shall, upon request of the applicant, it is necessary to consider whether this decision was the right one. The same applies to the International Bureau the application is deemed to be withdrawn. (18 November 2005/896)
The research referred to in sub-section 1, the request shall be submitted to the International Bureau, within a period to be prescribed by regulation. The applicant shall at the same time to provide a translation of the application with the patent authority, to the extent provided for by the regulation, as well as carry out the established fee for the application. (10.5.1985 in/387)

If the patent authority considers that a decision of the receiving authority, or the International Bureau has not had the right to deal with the application for the patent authority, is in accordance with Chapter 2. If the receiving authority has not confirmed that the international filing date, the application shall be deemed to have been filed on the date that the patent authority considers should have been fixed as the international filing date. If the patent application complies with the patenttiyhteistyösopimuksen, as well as the application of the rules on the form and content of the requirements of the application, it is acceptable in this regard. (18 November 2005/896)
Section 2 of the Act, the provisions of the second sentence of paragraph 2 shall apply to the application, which has been tabled on the basis of the third paragraph of section 22, if the application comes with the public.
the period of validity of the patent, the scope of section 4 and section 39 of the patent claims determine the scope of the patent protection. Explanation of the claims can be used as an aid in tribulation.


40 section (6.6.1980/407) to the issued patent may be maintained until 20 years after the patent application filing date.
Patent an annual fee for each payment shall be laid down for the year, which will begin after the granting of the patent. If the patent is granted before the patent application to be paid annual fees are starting to be due on the plan in accordance with article 41, however, the holder of the patent to the patent an annual fee due for the first time to be paid subject to the payment of annual fees from the payment for the years that have started prior to issuance of a patent. (10.5.1985 in/387), Chapter 5 of the Year payments (10.5.1985/387) section 41 (10.5.1985/387), the annual fee shall be due on the last day of the calendar month in which the fee year begins. Annual fees are due at the end of the first year, however, only two at the same time as the payment of the third year. Annual fees must not be made earlier than six months prior to their expiration date.
In accordance with article 11 of the law on the application of the subsequent annual fees shall be payable for the year of payment, which has commenced before the date of arrival or subsequent application within two months of the date of arrival which will begin due until the last day of the second month following the date of arrival. The international patent application that are due to be carried out as the annual payments until the last day of the month that is two months after the date on which the application is, in accordance with article 31, or the application is inadmissible in accordance with article 38, where the year has started prior to that date, or to start within two months. (18 November 2005/896)
Nestled in a korotuksineen can be carried out for an annual fee, within six months of the due date.


Article 42 (10.5.1985/387) If the inventor has a patent applicant or patent holder, and if the annual payments to produce him significant difficulties, the patent authority may grant a postponement of the payment of fees and charges, provided that he calls it no later than the time when the annual fees shall be due and payable on the first time. The suspension may be granted for a maximum period of three years at a time, or, at the latest, when three years have elapsed since the grant of the patent. A request for an extension of the suspension shall be carried out before the period has expired.
If an extension of the moratorium or deferral request is rejected, it is within two months of the rejection of the payment to be regarded as to have been made in the right time.
The annual fees that have been granted a deferral in accordance with paragraph 1, may be provided for in article 41 with the korotuksineen to run within six months of the date up to which the suspension is obtained.
Chapter 6 the supply, use and section 43 If the patent holder a compulsory licence is given to another the right to professional use of the invention (license), this will be handed over to the right to continue only if it has been agreed upon.


44 section When a patent is a passed to another, or to a licence at the request of the mission, it has been handed over to the entry in the patent register. The same applies to patent panttausta.
If it is shown that the registered licence or patent law has expired, the entry shall be removed from the registry.
Paragraphs 1 and 2 is a licensee of the disposition and any cessation of cover, also applies to the compulsory exploitation right and within the meaning of article 53 (2) of the law.
Patent litigation or in any other case, it is considered that the patent holder the holder of a patent, the patent is marked in the registry.
When someone is asked for in the register of the patent by the patent authority has been handed over to him, or that he has received by the licensee or the lien, and if he was right, in good faith, not of the right to a patent or a patent for an earlier release to another is not valid against him, if the other did it before had asked the saantonsa entry in the registry.


section 45 When three years have elapsed since the grant of the patent and, at the same time, four years after the conclusion of the patent application, and the invention is not used and not placed on the extent of use in Finland within a reasonable period, can it, who wants to use the invention in Finland, to get to the non-use of the invention, subject to the compulsory licence is not an acceptable reason. (December 22, 1995/1695)
Regulation may be subject to reciprocity, to provide that for the purposes of subsection 1, the use of a particular foreign State be treated as in the country of use.


the holder of a patent for an invention to which section 46 the exploitation is dependent on the other, of the patent, is entitled to be protected by a patent for an invention, a compulsory licence for the exploitation of the said, if the first-mentioned the importance of the invention shall be considered as reasonable or there are other special reasons for this.
The holder of the patent, that patent, was granted a compulsory licence, for its part, the right to obtain a compulsory licence for the exploitation of the invention, subject to and without prejudice to the other specific reasons to be against it.


46 (a) section (30.6.2000/650) where a breeder cannot acquire or exploit a plant variety right without infringing a prior patent, he may apply for a compulsory licence subject to payment of an appropriate royalty protected by for non-exclusive use of the invention, if a compulsory licence for a plant variety to be protected, is necessary for recovery. If the processor shall be granted to the holder of the patent, such compulsory licence is then entitled to a cross-licence on reasonable terms to use the protected variety.
The authorization referred to in subparagraph (1) above, the applicant must demonstrate that he has not been successful, and that the patent holder of the plant variety represents significant technical progress of considerable economic interest compared with the invention claimed in a patent, as referred to in.
Plant variety right (787/1992) provides for the right of the holder of the patent to obtain a compulsory licence to use the plant variety right protected variety.

L plant variety right 789/1992 is repealed L:lla 1279/2009. See section 32 L 2009, therefore, the plant variety right.



section 47 of the public interest so requires, is particularly significant for anyone who wants a professional use of the invention, which one is the right to the patent, a compulsory licence.


48 section Because that section 22 of the patent application documents at the public in this country according to the benefit of the invention to which the patent professional used is retrieved, the application for a patent shall have the right, if a compulsory licence will lead to the exploitation of the invention, to, if there are special reasons for this, and if he was not aware of the application nor is it reasonable to be able to look at that, he would have been able to get that information. Under conditions equivalent to those under a compulsory licence, which has taken the essential steps to exploit an invention as a professional activity in this country. A compulsory licence may be subject to the time prior to issuance of a patent.


Article 49 (December 22, 1995/1695) a compulsory licence may be granted only for the conditions, which shall be deemed to be an acceptable way to exploit an invention in accordance with the compulsory licence and which a compulsory licence is a requirement of the things to do before trying to license the patented invention proved to get reasonable commercial terms. A compulsory licence shall not prevent the patentee from taking advantage of the invention itself, or from disposing of its operating permit. A compulsory licence may move on to another but its movement, where it is used or where it was meant to be used.


section 50 (31.1.2013/101) To authorisation shall be granted by the Court of Justice, which also determines the extent to which the invention may be used, as well as to establish the terms of the compulsory licence consideration and others. When significantly changed circumstances so require, the Court may request the party concerned to refute or confirm the terms of the compulsory licence.
Of pharmaceutical products for export to countries with public health problems on compulsory licensing of patents relating to the manufacture of No 1177/2003 of the European Parliament and of the Council amending Regulation (EC) No 1782/2003 816/2006 on the date referred to in article 3, the competent authority will work in the market.
Chapter 7 the patent and termination (18 November 2005/896), section 51 (10.5.1985/387) if the patent does not run the annual fee 40, 41 and 42 in accordance with the provisions of article, patent lapse in its payment from the beginning of the year, for which the fee has not been paid.


section 52



The Court shall declare a patent invalid on the basis of the means of action when: 1) a patent means the invention, which does not meet the 1, 1 (a), 1 (b) and to the conditions laid down in article 2;
2) patent of invention, which means it is not so clear, that the expert may, on the basis of use of the invention;
3) patent, which did not show the application it was made; or 4) of the patent has been extended since then, when article 19 of the Declaration referred to in subparagraph (1) of n.
(30.6.2000/650)
In the context of an action for a declaration of invalidity of the patent, the patentee may apply to the Court to limit the patent in accordance with the requirements of the amended patent. The limitation of the request must be made prior to the referral of the pääkäsittelyyn. If the request for limitation is made, the question must be resolved before continuing with the application for a declaration of invalidity of a patent case. The restriction must satisfy the conditions laid down in article 53 (b). If the Court accepts the request for the restriction, this limited the patent is the basis for the further processing. A change in the decision on the request for the restriction may apply for a declaration of invalidity of the patent on the response to the judgment. (18 November 2005/896)
A patent may not be declared invalid on the ground that the patent was eligible for only a specific share of the recipient is in it. (6.6.1980/407)
With the exception of the case referred to in paragraph 5, the action shall be open to every person to whom the patent is, in the general interest, it is considered detriment or, if so require, the authority, as provided for by regulation of the Council of State. (18 November 2005/896)
The action, which is based on the fact that a patent has been granted to the other according to section 1, entitled to the patent, can do it alone, who claims to be entitled to the patent. The action shall be brought within one year after the grant of the patent and the applicant has knowledge of the facts on the basis of other action. If the proprietor of the patent has been in good faith, when the patent was granted or when it was transferred to him, the action may not be initiated more than three years after the grant of the patent. (6.6.1980/407) under section 53 If the patent is granted to a party other than the person entitled to it under paragraph 1, the Court shall transfer the patent to the patent application entitled him. Action for vireillepanoajan is to be used, what article 52. (18 November 2005/896)
Because, with the right to the patent shall, if he is acting in good faith for the benefit of the invention in this country started professionally in the use or taking it for a reasonable consideration to the essential measures, and otherwise on reasonable terms for the exploitation of the intended exploitation begun confirming it or start a general nature. Such a right is also the use of the patent under conditions equivalent to those of the registered holder.
The right referred to in the second paragraph may move on to another but its movement, where it is used or where it was intended to be exploited.


Article 53 (a) (18 November 2005/896), the holder of the patent may apply to the limitation of the patent by making a request in writing to the patent authority. The request for limitation must include: the name and address of the holder of the patent 1);
2) number in the register of the patent;
3) limited the patent requirements as well as an explanation and drawings, if they are changed;
4 the holder of the patent attorney if represented), the name, domicile and address; as well as 5) processing fee.
If the non-compliance with the provisions of subparagraph (1), the patent authority shall issue to the applicant an invitation to correct the deficiencies within the period specified. If the request is not complied with within the time limit, the patent authority's request will be rejected. The applicant shall have the right to appeal against this decision.
If a claim is pending before the Court or is pending annulment proceedings in accordance with article 52, the request will not be admissible. The applicant will be refunded in that case, he is diminished as a processing fee.
If the claim or action is brought against the patent the patent void, after the limitation is requested, but before the decision has become final, the limitation of the control procedure will be terminated.


Article 53 (b) (18 November 2005/896), the request for limitation of the patent in order to be accepted by the patent authority or court shall, in accordance with the request to limit the patent meets the following conditions: 1) a patent means the invention that has been presented so clearly, that the expert may, on the basis of use of the invention;
2) the patent does not include an application that did not show it was made; and 3) the scope of patent protection is not extended, the argument of the patent granted or to comprehend the protection area of the reading of the patent, or the protection of the limitation in accordance with the decision in the past.


section 53 (c) (18 November 2005/896) If the proprietor of the patent is requested to the limitation of the patent from the European Patent Office the European Patent Convention (Treaty Series 8/1996), in accordance with article 105 (a), the patent authority shall suspend the 53 (a) in accordance with the limitation of the request until the European Patent Office has made a final decision on the matter.
If the patent proprietor has requested a suspension of the patent from the European Patent Office in accordance with article 105 of the European Patent Convention, the patent authority shall suspend the liquidation notice in accordance with section 54 until the European Patent Office has made a final decision on the matter.
If a patent is the transfer of a patent or the notification of the dispute is pending, the patent authority shall suspend the 53 (a) the request pursuant to section 54 and section until the transfer of the patent has lapsed or dispute the debt is finally settled.


Article 53 (d) (18 November 2005/896) if the Patent Office is of the opinion that article 53 (a) in accordance with the request of the holder of a patent is an impediment for the designation of, will be given the opportunity to give a statement on the case. If the patent authority still believes that the statement by the request could not be accepted, it must be dismissed and the patent be maintained in unaltered form. The holder of a patent has the right to appeal to the patent authority to give a final decision, if the decision is negative.
If the patent authority considers that article 53 (a) of the request pursuant to paragraph 1, the approval is not contrary to, in accordance with the request of the patent should be limited. The adoption of the decision on the limitation is an announcement in accordance with section 55. The patent authority shall be regarded as the date of the public notice of the patent available to limited modified patent publication, which includes a limited explanation of the patent claims, any drawings and, together with an indication of the limited patent holder. The patent authority shall see to it that, where appropriate, the requirements are available in the limited patent in the Finnish and Swedish languages. The applicant shall be carried out in fixed version.


Article 53 (e) (18 November 2005/896), issued by the Patent authority under section 53 (d) limitation of the adoption of the final decision and in accordance with the Court of Justice in accordance with article 52 (2) of the final decision on the limitation of the patent shall be valid from the date of filing of the patent.


Article 53 (f) (18 November 2005/896) If the proprietor of the patent to cancel under section 53 (a) of the request for limitation, the limitation procedure shall be suspended from the date of the final '. Control the request cannot be canceled, when the adoption of a definitive decision is adopted a limitation.


section 54 If the proprietor of the patent in writing to inform the patent authorities of the abandonment of the patent, the patent authority shall be abolished in its entirety. The patent shall be deemed to be hung in the patent the date of filing. The holder of a patent has the right to appeal to the patent authority to give a final decision, if the decision is negative. (18 November 2005/896)
When a patent is the transfer of a patent or the notification of the dispute is pending, a patent may not be close for as long as the debt is valid, or the dispute has not been finally resolved. The same is valid if the lien is marked with the patent register.


55 section (18 November 2005/896) when the patent has expired, expired, or when it is limited, or when a final judgment has been declared void, or moved, the patent authority shall speak, and say it.
Chapter 8, section 56 of the Patent filing If the applicant for a patent on the pretext, adding to the present claim to the other before the application documents have been made public, according to article 22, he shall, on request, to give its consent to the fact that this shall have access to documents. If the patent application belongs to the 8 (a) of the deposit of biological material, the consent shall also apply to the right to get a sample of the deposit. Section 22 of the law of 2 and 3, as well as the provisions of article 7 and 8 of the sentence shall also apply where, when someone wants to get a sample on the basis of such an agreement. (30.6.2000/650)

That by turning directly to the second half, the notification or the goods or its packaging in paper or in any other way to indicate that a patent has been applied for or that it has been granted, however, at the same time, the number of the application or patent, the express, is obliged, on request without delay to make a without prejudice to the information. Even though the Declaration may not, in particular, it turns out that a patent has been applied for, or that a patent has been granted, but if it is capable of taking us towards the idea, the person concerned shall, on request, inform without delay, whether the patent applied for, or whether it has been granted.
Chapter 9 liability, indemnification, and the court proceedings under section 57 (21.4.1995/717) If someone infringes on a patent the exclusive right (patent infringement), produced by the Court may prohibit him from continuing or repeating the Act.
If the infringement is done deliberately, the author must be condemned, if the Act is not punishable under section 2 of Chapter 49 of the Penal Code: a fine of teollisoikeusrikoksena, for the purposes of patent infringement.
The Prosecutor shall not be prosecuted for patent infringement, unless the owner has not indicated that the prosecution be placed in. (2011/478) section 57 (a) (December 22, 1995/1695) if the patent has been granted for a method for the manufacture of a new product, it is the consent of the holder of a similar product without the patent to be considered ' made from patented process, in the absence of proof to the evidence.
The presentation of evidence will be the legitimate interest of the defendant in order to protect his business salaisuuksiensa be taken into account.


Article 57 (b) (21 July 2006/684), the Court may, within the meaning of section 57 (1) an action in dealing with the requirement of the holder of the patent to impose the transmitter, server, or other device to an administrator or other intermediary service provider, subject to a penalty payment, to suspend the use of the patent alleged to be defamatory (injunction), as it is not unreasonable, taking into account the alleged infringer of the patent rights of the holder of the patent, the intermediary and the.
Before section 57 (1) of the complaint referred to in subsection, the Court may, on application by the holder of the patent to give a suspension of the order, if the conditions set out in subparagraph (1) is subject to, and if it is apparent that the implementation of the rights of the holder of the patent otherwise seriously in jeopardy. The Court is to be reserved, as well as the person to whom the order is sought to be given, that the alleged infringing a patent, an opportunity to be heard. The order for service of the person to whom it is applied for, may be sent by post or fax, or e-mail. (31.1.2013/101)
The Court may, at the request of the temporary suspension order referred to in paragraph 2, without consulting the alleged any violations may result, if the urgency of the matter, it necessarily requires. The order is in effect until further notice. The alleged infringer an injunction is an order without delay, after the adoption of the opportunity to be heard. When the alleged any violations may result, the Court shall forthwith be decided whether the order or cancel it.
Under this section of the suspension order will not be compromised by a third party's right to send and receive messages. The suspension order shall enter into force on the date on which the applicant natural person who set the bailiff (705/2007) 8 the security referred to in article 2 of chapter. The possibility of setting up the security provided for in the code of released from Chapter 7, paragraph 7, of the ML. Under paragraph 2 or 3 of the suspension Ordinance shall lapse, unless referred to in subparagraph (1) of article 57 of the proceedings taken before the Court within one month of the adoption of the order. (31.1.2013/101)
As has been said, the suspension order is replaced by the person to whom the order was issued, as well as the execution of the alleged injury suffered by the infringer an injunction as well as the costs of the case, if section 57 as referred to in sub-section 1. dismisses the action as inadmissible or if the treatment or leave the old, therefore, that the applicant has withdrawn his application to the Court or not. The same is valid if the withdrawal or suspension pursuant to paragraph 3 of the order under paragraph 4 lapses. The replacement of the damage and the costs of the proceedings Chapter 7 Chapter 12.


section 58 Which, either intentionally or negligently, infringes a patent, is liable to pay reasonable compensation for the invention and taking advantage of them, as well as compensation for other damage caused by violation of the cause. If there is only a slight compensation, can be adjusted.
When a patent infringement is not intentional or negligent infringer shall be obliged to pay compensation, the invention can be undertaken only to the extent that it is considered reasonable.
On the basis of patent infringement may be compensation for damage shall require only the last five years preceding the date of the opening of the action. The right to compensation of the damage in respect of which the proceedings have not been instituted within the said time limit, has been lost.


section 59, the Court may request the injured party patent infringement, as to avoid an infringement is considered reasonable, the extended order that a patent protected product, which is made with the holder of the patent, or artifact, the exercise of which would include, in the manner set out in the patent is to be changed or be recovered or disposed of, or for the remainder of the patent, in the case of a patent protected product, release the emanation of the redemption. The foregoing shall not apply to the person who in good faith has the right to the said property or special, and not themselves are not infringed the patent.
The property referred to in subparagraph (1) above, may be seized, when 49 of the criminal code, section 2 of Chapter 57 of the law or of this crime can be assumed to have taken place. In this case, it is to be used, what the law provides for the seizure of the juge des libertés (806/2011). (July 22, 2011/863)
Notwithstanding the provisions of subsection 1, the Court may, if there are special reasons, if required, provide that the holder of the property referred to in subparagraph (1) shall manage the property of reasonable consideration and otherwise reasonable conditions, the remainder of the patent term or a part of it.


60 section (21 March 1997/243) If someone after the application documents according to article 22, have come to the public, for the benefit of the invention, the use of a professional patent-infringement of a patent, has provisions to be applied, if the patent was subsequently granted. Before the patent is granted, under section 20 of the patent protection includes, however, but what occurs in the application for the patent, as well as of the requirements, which were at the public, the application that the requirements of the patent in the patent itself. In this case, the penalty is not to be condemned, and the compensation for a taking advantage of them, which has occurred before the patent is granted, may be imposed only 58, according to the article.
If the description of the invention, the abstract and claims has been drawn up in the English language, not the protection provided for in subparagraph (1) may, before the patent requirements has been submitted to the patent authority in Finnish or in Swedish, translated. (17 June 2011/743)
Compensation, the provisions of the third paragraph of article 58 shall not apply, if the action is brought within one year of the expiry of the opposition period, or if the patent claim is made within one year of when the patent is in force of a conviction by final judgment of the preserve.


60 (a) section (21 July 2006/684), the Court may patent infringement with regard to the dispute the applicant's order, that the defendant must reimburse the costs incurred by the applicant, that the fact that he is, mutatis mutandis, to publish the final judgment, I was where the defendant is found to have infringed a patent. The order will not be issued if the dissemination of the information is in a law limited. When considering whether to order and the order of the Court shall take into account the contents of the publication of the general importance of the nature and scope of the infringement, the disclosure of the costs and other related issues.
The court orders the disclosure of which may be reimbursed the reasonable costs of the defendant. The applicant does not have the right to compensation if the judgment has not been made public within a period to be determined by a court judgment which has become final judgment.


Article 61 If the patent has been revoked by a final decision or been declared invalid by a final judgment, no 57, 57 (a), (b), 57, 58 to 60 and 60 (a) provided for in article penalty, compensation, or other penalty be condemned. (21 July 2006/684) is repealed by L:lla 31.1.2013/101, the Court may, at the discretion of the delay of the Code referred to in article 1 of Chapter 24 of the solution in a patent application for a declaration of invalidity on the issue, which has been brought before a legitimate court before the granting of the patent after the opposition period has expired, or until the claim has been given the final decision. (21 March 1997/243) section 62 Which, either intentionally or negligently, which is not a minor, fails to meet it, which he is required, according to article 56, will be punished with a fine.
The same punishment is also condemned the fact that, in the cases referred to in the said article gives the wrong information, subject to a penalty for an act not provided for in the criminal law.
The Prosecutor is not allowed to make a charge for an offence referred to in this article, unless the owner is not notified of a crime to be prosecuted. (2011/478) section 63



The holder of the patent or, in which the use of, or the basis of the compulsory licence has the right to exploit the invention, it may take proceedings on the basis of the protection of a patent, whether he will play against, if there occurs any confusion and to cause him harm.
Who carries on or intends to carry on industrial activity, the holder of the patent can be on the same terms to run against the proceedings, whether or not there is what is called a patent of the obstacle.

(3) repealed by L:lla 31.1.2013/101.



64 section (31.1.2013/101) section 64 repealed by L:lla 31.1.2013/101.


section 65 (31.1.2013/101) this law are based on the issues of the dispute and the application in the market.
The market Court also deals with matters relating to the right to an invention to which the European patent has been applied for in the Treaty (Treaty Series 8/1996), referred to in the European patent. A prerequisite for such a case in the market is that the defendant is domiciled in Finland or that the applicant is domiciled in Finland, and the defendant is not domiciled in the State of the European Patent Convention. The matter will be dealt with in the market as well, if the parties to the dispute have agreed, that the market Court is a Court of competent jurisdiction in the case.
A dispute referred to in paragraph 2 shall not be admissible in a Court of law, if the market in the same issue of the dispute between the same parties is pending in another court of a Member State of the European Patent Convention. If the foreign court's jurisdiction is disputed, the Finnish market Court has postponed the proceedings until the question before the Court is the Court ruling dismissing the foreign.
Market law, international jurisdiction provided for otherwise.
The processing of the application of the dispute and the issues in the market provided for in the Act on the right to start in the market.


Article 65 (a) (December 22, 1995/1695) of the European Patent Convention a Court of a Member State in the case referred to in article 65 (2) of the odds of a final judgment is enforceable. The Court, which is the European patent to the applicant, however, is not enforceable in Finland, if the writ has not been duly served on him, or if he has not had sufficient time to prepare for the court proceedings.


Article 65 (b) (31.1.2013/101) this law is based on the civil case, the Court may, if the patent publication is not fully available in Finnish or Swedish patent authority, the holder of the patent or from the holder of the patent, which is derived from the right to use the power of the President by virtue of the patent, to submit a translation of the patent publication in Finnish or in Swedish. If you supply a translation of the obligation is the plaintiff, the Court may order the delivery of the translation, that thing is left suspended. If you supply a translation of the obligation is the defendant, the Court may order the delivery of the translation, the translation will be contracted out to the detriment of the defendant.


Article 65 (c) (17 June 2011/743) For a description of the invention and patent requirements have been drawn up in English and the translation corresponds to the English-language documents, patent protection only to the translation of the English language, which is, as well as the documents together.
If the description of the invention and patent requirements have been drawn up in English and the language is English, the grounds for invalidity referred to in article 52 in proceedings in the language of the documents is solely the decision of the wording of the authentic.


66 section (31.1.2013/101) in Charge of the Penal Code (39/1889) in section 2 of Chapter 49 of the patent referred to in this law, as well as a monopoly on offensive teollisoikeusrikoksesta produced by the 57 referred to in section for patent infringement and the offences referred to in article 62 deals with the District Court of Helsinki.
In the context of the charge referred to in paragraph 1, the matter can be dealt with in the private prosecution of the offences referred to in article 58 of the compensation due to the requirement to comply with the requirement of section 59 notwithstanding the provisions of article 65.
The Court remains competent to investigate the requirement referred to in paragraph 2, even though the conditions of the perustaneissa there is a change in the requirement after the presentation.


Article 66 (a) (31.1.2013/101) in the case referred to in Paragraph 66 of the criminal case, the Court may, if the patent publication is not fully available in Finnish or Swedish patent authority, order the release of a translation of the patent owner to submit in English or Swedish. In the case of the Prosecutor being promoted by the criminal case, in which the owner to use the power of the President of the Court, the Court may order to supply a translation of the translation are carried out by the owner's expense. In the case of the claimant alone being promoted by the criminal case, the Court may order the delivery of the translation, that thing is left suspended.


Article 66 (b), (31.1.2013/101) in view of the above, article 66 of the court seised of the case within the meaning of the right to obtain the opinion of a Court of Justice, shall apply to the patent authority with which the market Court Act, Chapter 4, section 22 of the Act provides for the right to obtain the opinion of the law of the market.


66 (c) of section (31.1.2013/101) in dealing with the matter referred to in section 66 District Court may be assisted by experts for a maximum of two on the right of the law on the market (99/13) referred to in article 7 (2) of the expert members.
The expert opinion of the District Court shall be given in writing to him to do. The expert shall have the right to put questions to the parties and the witnesses. Prior to the ruling of the District Court shall be reserved for the parties the opportunity to comment on the opinion of an expert.
The right to remuneration, shall apply to the market of an expert of the right under article 37 of the law on the expert's fee.


Article 66 (d) (31.1.2013/101) in view of the above, article 66 of the court seised of the case within the meaning of the obligation to notify, the solution to the patent authority shall apply to the right to start the market Court Act, Chapter 4, section 23 provides for the right of the obligation to notify the market solution.


section 67 67-70-70 section is repealed by L:lla 31.1.2013/101.

9 (a) in the FIGURE (28 June 1994/593) the creation of a supplementary protection certificate (21 March 1997/243) section 70 (a) (17 June 2011/743) provided for the creation of a supplementary protection certificates supplementary protection certificate for medicinal products of the European Parliament and of the Council Regulation (EC) No 1782/2003 469/2009 and the creation of a supplementary protection certificate for plant protection products/2001 of the European Parliament and of the Council on the introduction of Regulation (EC) No 1782/2003 1610/96. In addition, the creation of a supplementary protection certificates in force, the provisions of this chapter.


70 (b) of section (17 June 2011/743) the creation of a supplementary protection certificate and the period of validity of the supplementary protection certificate for medicinal products with regard to the extension of the application shall be submitted to the Board of patents and registration of Finland.


70 (c) section (17 June 2011/743), the applicant shall be obliged to carry out the established application fee. The holder of the certificate shall be carried out in the creation of a supplementary protection certificate for a fixed annual fee.
Extension of the period of validity of the supplementary protection certificate for medicinal products on the basis of the application and the application for extended payments of the supplementary protection certificate, shall apply to the States.


70 (d) section (28 June 1994/593) produced by the tort of the supplementary protection certificate shall apply to the provisions relating to the infringement of a patent.


70 (e) of section (17 June 2011/743), the provisions of the regulation of the Council of State to the implementation of the provisions of this chapter, as well as the creation of a supplementary protection certificate and applying for the granting of the extension of the duration of the procedure to be followed.
9 (b) (December 22, 1995/1695) of the European patent and a European patent application under section 70 (f) (December 22, 1995/1695) Eurooppapatentilla, for the purposes of this Act for a patent by the European Patent Office has granted a European patent in accordance with the agreement. An application for a European patent shall, in accordance with the agreement referred to the patent filing. The European patent may be granted to Finland.
An application for a European patent in the European Patent Office. This application may also be given in the Finnish patent authority, which shall forward it to the European Patent Office. The Act on the defence of the country relevant to the inventions (551/67) the invention referred to in the application for a European patent is to be done, however, to give the Finnish patent authority. The European Patent Convention a European patent within the meaning of article 76 of the divisional application should always be made to the European Patent Office.
The provisions of this chapter shall apply to the application for a European patent at the request of and in which Finland has been designated for protection in the destination country.


70 g section (December 22, 1995/1695) of the European patent has been granted, when the grant of the patent in the European Patent Office has been saying. By eurooppapatentilla of Finland has the same legal effect as a patent granted by the patent authority of Finland and it is subject to the provisions relating to patents in Finland, unless otherwise provided for in this chapter.


70 (h) section (17 June 2011/743) Eurooppapatentilla has no legal effect in Finland, unless the proprietor of the patent within three months from the date on which the grant of the European patent the European Patent Office was not given in the patent authority of the translation referred to in paragraph 2 of the said publication of the translation of the charge laid down in the European patent and carried out. If the European Patent Office has decided that a European patent is maintained in an amended form, is also the above documents in an amended form.

The patent claims must provide a translation in English. If the patent has been issued in German or in French, comes to the explanation of the patent, with respect to the issue of translation in Finnish or in English. The explanation of the patent, with drawings, you can always submit an English translation. If the patent holder's own language is Swedish, the above translations may be in Swedish.
Translation is the public, provided that the European Patent Office has published a European patent application or the grant of a patent on the called.
If the translation has been provided and the translation of the publication fee paid within the time limit and the grant of the patent in the European Patent Office has been saying or decision to keep the patent in force in an amended form, the patent authority shall, without delay, with the broadcast of the Finnish and Swedish languages. The patent authority shall, as soon as possible to bring the version made available to the public. The patent authority shall see to it that the publication of a patent, the requirements are, where appropriate, available in Finnish and Swedish.


70 i section (December 22, 1995/1695) Translation in the adoption of 70 (h) in accordance with the first subparagraph of article and the publication of a translation of the payment must be applied by analogy to section 71 (1) (a). If the 71 under section (a), it shall be decided that the measure shall be deemed to have been made within the time limit, the patent authority shall speak, and say, without delay, the Finnish and Swedish languages.
If someone 70 (h) in accordance with the first subparagraph of article after the deadline but prior to the publication of an alert in accordance with paragraph 1, shall in good faith for the benefit of the invention in this country began to use professionally or taken the relevant measures to this end, he gets 71 (c) and (3) of article 2 of the law.


70 (j) section (December 22, 1995/1695) as section 52 provides that the extension of patent protection shall also apply to the European patent, if the patent has been extended following the granting of a European patent.


70 k section (December 22, 1995/1695) if the European Patent Office is completely or partially annulled the European patent, this has the same effect as a patent designating the extent corresponding to the invalid in Finland. An announcement of the Finnish patent authority shall, without delay, the Finnish and Swedish languages.


70 l section (December 22, 1995/1695), the European patent shall be carried out in fixed annual fee for each fee for the year following the year in which the grant of the patent in the European Patent Office has been saying.
Unless the annual fee for the European patent to be performed and in accordance with article 41, shall apply by analogy to the provisions of article 51. The first annual fee is due, however, to be paid only after the patent on the last day of the third month following the month of issue. (18 November 2005/896) 70 m section (18 November 2005/896) a European patent application for which the European Patent Office has confirmed the date, has the same legal effect as a national patent application in Finland on the same day by. If the application is in accordance with the priority filing date of the European Patent Convention the previous day, is such a privilege to be valid in Finland.
For the purposes of applying the second paragraph of article 2 of the competition act is the publication, in accordance with article 93 of the European Patent Convention be treated as an application under section 22 of the julkiseksituloon. The foregoing also applies to the European Patent Convention in accordance with article 153 of the publication if the publication of the European Patent Office publication under article 93 this equated to.


in the 70 's section (December 22, 1995/1695) If the European patent application has been published in accordance with article 93 of the European Patent Convention and the published English translation of the patent claims, the patent authority shall keep available to the public and the broadcast of the translation, without delay, the Finnish and Swedish languages. If the applicant's own language is Swedish, the translation, however, gives the Swedish language. The patent authority shall see to it that the requirements are published in the patent, where appropriate, available in Finnish and Swedish.
If someone after an alert has been published, mentioned in subparagraph (1) to use for the benefit of the invention claimed in the professional protection for an application for a European patent, shall apply to the provisions concerning patent infringement, if the application results in a patent in Finland. In such a case, however, only covers patent protection, which is published in the patent, as well as of the requirements of the requirements of the patent in the patent itself. In this case, the penalty is not to be condemned, and the replacement of the sort can be undertaken only in accordance with the first subparagraph of article 58. (18 November 2005/896)
The law, the provisions of the third paragraph of article 58 shall not apply, if the action is brought within one year of the expiry of the patent claim or, if the claim is made, if the action is brought within one year of when the European Patent Office has decided that a patent is to be maintained.


70 o section (December 22, 1995/1695) If the European patent application or the designation of Finland is cancelled, is this the same effect as a national patent application for remission. The same applies to a situation in which, in accordance with the agreement of the European patent application shall be deemed withdrawn, and it was not taken in accordance with article 121 of the agreement.
If the European patent application is refused, the same effect as a national patent application rejection.


70 p section (December 22, 1995/1695) this law with regard to the dispute that is based on a European patent, the Court may, if the patent publication is not fully available in Finnish or Swedish patent authority, the holder of the patent or from the holder of the patent, which is derived from the right to use the power of the President by virtue of the patent, to submit a translation of the patent publication in Finnish or in Swedish. If you supply a translation of the obligation is the plaintiff, the Court may order the delivery of the translation, that thing is left suspended. If you supply a translation of the obligation is the defendant, the Court may order the delivery of the translation, the translation will be contracted out to the detriment of the defendant. (31.1.2013/101)
In the case referred to in paragraph 66 above, to obtain a European patent in the criminal case, the Court may, if the patent publication is not fully available in Finnish or Swedish patent authority, order the release of a translation of the patent owner to submit in English or Swedish. In the case of the Prosecutor being promoted by the criminal case, in which the owner to use the power of the President of the Court, the Court may order to supply a translation of the translation are carried out by the owner's expense. In the case of the claimant alone being promoted by the criminal case, the Court may order the delivery of the translation, that thing is left suspended. (31.1.2013/101)
Unless 70 (h) and article 70 of the intended translation corresponds to what in the language of the European Patent Office on the processing of documents is indicated in the patent protection only to, both as a translation in the language of the processing of documents.
The grounds for invalidity referred to in article 52 in proceedings is exclusively for the processing of the documents in the language of the wording of the authentic.


section 70 q (December 22, 1995/1695) if the applicant or the holder of a patent gives the patent authority in accordance with article 70 (h) the correction of the translation and publication of the corrected translation of the charge set out to run the original translation. After the repair has been carried out and the publication fee, and if the original version is a public broadcast of the patent authority shall without delay, will repair the Finnish and Swedish languages and keeps the harvested is available to the public as soon as possible the translation of the replicas.
If the applicant of the correction of the translation referred to in paragraph 70 of the patent authority shall without delay an announcement, the Finnish and Swedish languages and the correction to be corrected version to the public. The alert after the corrected translation shall replace the original translation.
If someone in good faith upon the entry into force of the correction of the translation has begun to use the invention professionally in this country in such a way that, in accordance with the earlier translation of the proceeding for the applicant or the holder of the patent was not caused by the cessation of the infringement, or had taken the relevant measures to this end, he gets 71 (c) and (3) of article 2 of the law.


70 r section (December 22, 1995/1695) If the patent applicant or patent holder has failed to comply with the time limit laid down in the European Patent Convention, the European Patent Office under article 122 of the European Patent Convention to announce, that the loss has not been done, it is this same effect also in Finland.
If someone right after the occurrence of the loss, but before the European Patent Office has called proceeding pursuant to paragraph 1 of the Declaration, has begun in good faith for the benefit of the invention in this country or a professional use of relevant measures taken to this end, he gets 71 (c) and (3) of article 2 of the law.


70 s section (December 22, 1995/1695) If an application for a European patent shall be deemed to be withdrawn as a result, the amount of time that it was not received at the European Patent Office, the national patent application without the authority, it shall, upon request of the applicant, be converted into a national patent application, provided that:

1) the request shall be made within three months of the requested authority of the application of the European Patent Office has notified the applicant that the application is deemed to be withdrawn;
the Finnish patent authority request arrives 2) 20 within one month from the date of filing or, if priority is claimed, if requested, from the date on which the privilege is sought; and 3) the applicant completes an application and the application fee provided for in section 8 of the patent gives 5 subsection translation within the time limit.
If an application for a European patent shall be deemed to be withdrawn as a result of that application in the language of the translation is delivered to the European Patent Office within the prescribed period, it shall at the request of the applicant, be converted into a national patent application in accordance with the provisions of article 135 of the European Patent Convention. The applicant must also complete an application for the payment provided for in article 8 and shall, on request of a patent: in accordance with paragraph 5 of the translation within the time limit. (18 November 2005/896)
If the patent application referred to in paragraph 1 and 2, the European Patent Convention and the application of the rules concerning the form of requirements of the application, it is acceptable in this regard.


70 t section (18 November 2005/896), in accordance with article 105 (a) of the European Patent Convention a European patent limitation or suspension of the request was to be made to the European Patent Office.
When the European Patent Office has been saying on the limitation of the patent, the patent holder will need to state the amount of time the patent authority, the Council, by regulation regulate the translation of the limitation of the patent documents in the language in which the original patent was brought into force in Finland, and to perform translation of a publication fee fixed by the Council of State regulation in more detail. The patent authority shall, without delay, with the broadcast of the Finnish and Swedish language translation available to the public and keep the copies. The patent authority shall see to it that the publication of the limited patent requirements are, where appropriate, available in Finnish and Swedish.
If the patent holder fails to comply with the provisions of paragraph 2, the patent shall be deemed to be without legal effect in Finland from the date of the patent application. The broadcast of the patent by the patent authority.
After the abolition of the patent in the European Patent Office has been saying, the abolition of the patent the patent authority will be broadcast.
The European Patent Office, limiting or abolishing patent in this country shall have the same legal effect as a national patent, except on a limited or lakkautetulla as otherwise provided for in this chapter.


70 the u section (18 November 2005/896) If someone is acting in good faith begun to use the invention professionally in this country or taking the essential measures to this end, after the decision of the Board of appeal of the European Patent Office, but before the Board of appeal of the European Patent Office's decision on the request of the extended to the publication of the audit, he gets the exploitation of the patent, without prejudice to the nature of the public confirming the same to continue.
The right referred to in subparagraph (1) above, you may move to another but its movement, where it was born, or in which the exploitation of children is intended to happen.
Chapter 10 section of the patent holder, the specific provisions of the 71 who is not domiciled in Finland shall be a resident of the European economic area, which, in turn, have the right to take on the challenge of his communications, invitations, and other matters relating to patent documents, with the exception of the challenge and the criminal case, in which a party is obliged to personally appear before the Court. The agent shall notify the relevant patent register. (30.6.2000/650)
If the holder of a patent is not a matter referred to in paragraph 1, the notification shall take place by sending the information to the document in her post by registered mail to the registered address of his patent. If the registry is not marked with the address, the notification can be by a patent. The notification shall be deemed to have occurred when the above steps have been completed. (21 March 1997/243)
Regulation may be subject to reciprocity, to provide that the provisions of paragraph 1 and 2 shall not apply to the holder of the patent, whose head office is in a foreign State or which is in the State and in the country of the patent register, which is mentioned in subparagraph (1).
If the claim has not been following notification of the decision on the opposing party of this address, the service can take place by a patent. The notification shall be deemed to have occurred when the above steps have been completed. (21 March 1997/243) section 71 (a) (18 November 2005/896), the applicant for or the proprietor of the patent, if the patent is the case referred to in paragraph 2, other than the fact, suffered disqualification on the ground that he did not carry out the operation on the basis of the patent authority of this Act or within the time limit laid down, but she has been so carefully as circumstances require in order to comply with the time limit, and if he performs the action within two months of the end of the barrier, however, not later than one year after the end of the period , the patent authority shall establish that the measure is regarded as being effected within the time limit. If the patent applicant or patent holder wants to get such a solution, it is his task to the patent authority in writing, within the time allowed for the presentation of the measure and carry out the payment.
If the patent applicant has suffered loss of rights in section 6: compliance with the time limit laid down in paragraph 1, the provisions of this section shall apply, however, so that needs to be done and fixed fee paid no later than two months after the date laid down in article 6, the amount of the time.
The international patent application that has been extended in Finland, and (2) shall apply mutatis mutandis also in the case of the time limit, which would have been followed in the host authority, the international search authority, the authority that runs the international patentability pilot studies or in the International Office of the world intellectual property organization. In this case, the action is to be carried out by the patent authority neglect.
The show, which is made in accordance with paragraph 1, 2 or 3, they may not reject or ignore the inadmissible the applicant for or the holder of a patent before the patent has been given the opportunity to give the statement in case the patent authority within the time limit by.


Article 71 (b) (6.6.1980/407) If section 31 or in the case referred to in 38 post posted in a document or the payment has not become the patent authority within the prescribed time, but the meaning of the consignment operation performed within two months of the date on which the applicant discovered or should have discovered, however, that the time limit has been exceeded, no later than one year after the end of the time limit, the patent authority shall establish that the measure is regarded as being effected within the time limit, if: (10.5.1985/387) 1) there has been failure, one day the postal connections of the ten day before the beginning of the end of the period, war, revolution, riot, strike, natural disaster, or any other sort of reason as the place where the author resides or carries on business, as well as if the document and payment has been sent to the patent authority within five days of the public opinion, of a postal connectivity; or 2) document or payment was posted by registered mail not later than five days before the end of the period, however, only when the shipment has been sent air mail, if it is not possible, or in any other way, if the sender had reason to believe, that it should be received at the patent authority to be dispatched within two days of the shipping date.
If the applicant wishes to obtain a solution, in accordance with paragraph 1, they must submit a written presentation for the patent authority within the time period laid down in the said paragraph of the measure.


section 71 c (6.6.1980/407) 71 71 (b) (a) or, if the motion is approved, and as a result, further processing will be taken in accordance with article 22 of the public come to the patent application, which has been suspended or rejected, or a lapsed patent shall be deemed to have been the entry into force of, this is an announcement again.
That is, in good faith for the benefit of the invention professionally in this country started to be used after the old have been re-reading the admission or rejection of the expiry of the period laid down in the decision to become final, or the patent lapsed, but the publication of the patent, without prejudice, before issuing an alert shall continue with the exploitation of its general nature, confirming the same. This kind of abuse is also under conditions equivalent to those for which the benefit of the essential steps in order to use an invention is taken in this country.
The right referred to in paragraph 2 above, may move on to another but the movement, which it is born or in which the exploitation of children is intended to happen.


72 section (31.1.2013/101)


The patent authority under this Act to provide for any purpose other than the final decision referred to in article 26, and article 42, section 53 (a) of paragraph 2, article 53 (d), section 54 (1) and 71 (a) and 71 (b) an appeal is brought against a decision as referred to in article appealing to the market as the Government on the National Board of patents and registration is required by law.
The processing of an appeal, as referred to in subparagraph (1) above market law provides for the right to start the market Court Act.


Article 73 (13.11.1992/1034) specifically provided for in This law, according to the charges. In this case, the annual payments may be to provide that one or more of the first fee years is free of charge.


74 section (18 November 2005/896) detailed rules on the application of the publication of the patent application for a patent, documents, printed, in the opposition proceedings, the patent authority, the dismantling of the procedure for the control procedure, the patent from the register and to uphold the patent authority shall be provided to the State by means of a Council regulation.
Regulation of the Council of State, it may be provided that the patent authority may, at the request of the authority of another State to give this information on the processing of patent applications, as well as here that another State authority or an international body may carry out the examination of the patent application with the patent authority of the presentation.
The Council of State regulation may also provide that a person who applies for a patent for an invention for which he has applied for a patent in another country or an international organisation, shall be required to give an account of what the authority of the State or the international organisation, is him announced the patenting of an invention. Such an explanation does not, however, be required in a proceeding under Chapter 3 of the patent application, which has been the subject of a feasibility study of the patentability of a international and patentoitavuustutkimusselonteko have been given by the patent authority.
The patent authority may, on application, to provide more accurate technical regulations on the limitation of the patent in the patent claim, the abolition of the patent by the patent authority and, and their processing, as well as other comparable technical aspects. (31.1.2013/101) section 75 of the country is in a State of war or threat of war, the State Council may order a general point of view, it is considered necessary that the rights to an invention shall be handed over to the State or any of the other, by the State Council. Thus, the right has been received for an invention has to be carried out. If compensation is agreed with the legitimate right of the amount of the compensation.
If other than in accordance with the order referred to in paragraph 1, the State has acquired the right to the invention, and subject to this obligation, the State is obliged to fill in the compensation entitled to compensation as soon as the application to execute.


76 section Inventions which are of importance to the defence of the country, specifically provided for.


Date of entry into force and transitional provisions 1. This law shall enter into force on 1 January 1968. As of 7 May 1943 is hereby repealed the law of patent (387/43). Until otherwise provided by the regulation, a patent does not, however, be granted for the product itself, but only its manufacturing method, if the invention relates to a food or medicine.

Before the entry into force of this law may be established by regulation lay down provisions for the entry into force of the laws, which are necessary.
2. The law shall also apply before the entry into force of the law to granted on the basis of an application made on or before the patents granted, unless otherwise provided for below.
The provisions of the law do not cause a change in the law, which is the result of the previous section 2 of the Act.
3. the Previous law shall apply without prejudice to the proclamation of the invalidity of the patent granted on the basis of the law and before the entry into force of this law the injurious situation of the compensation to the patent infringement that occurred as well as the right to initiate proceedings to those referred to here.
4. the fact that, upon the entry into force of the law in this country for the benefit of the invention, which was used by former professional basis according to the law, it has not been possible to grant a patent, or for the essential measures had taken it, is the fact that the invention claimed in the patent shall be granted without prejudice to, and subsequently, the right referred to in article 4, although he has begun the essential measures for the hyväksikäyttämisen or taken only after the application was made.
5. If the invention prior to the entry into force of this law shall become public and it has been due to the measures which the applicant or, where this will lead to the right, is taken, and if the patent application is submitted before 1 July, 1968, shall apply to the previous sections 14 and 15 of the law as well as article 18 of the, as it is the Act of 20 October 1950, when deciding the question of whether there is an obstacle to the granting of the patent, or the measure of whether the patent be declared null and void. (29.12.1967/653)
6. at the time of entry into force of this law, the pending patent application is to be dealt with and resolved according to the previous law, if the patent authority prior to the entry into force of the law is decided to the earlier publication referred to in article 47 of the law.
7. Before the entry into force of this law was a patent application is not public, according to section 22 of the law before 1 July 1968, unless their application prior to get the public to see, or the applicant to request that an application should be made public. (29.12.1967/653)
8. Before 1 July 1968 to perform for the annual fee for the year in relation to the patent comply with the previous law. (29.12.1967/653)
9. What are the specified in the previous law for patent, is this new article 7 of the law: (2) and (3) of clause 2 of article 41 of the rules, despite the entry into force of the law to be applied for patents granted prior to the entry.
10. Patent case, which has been asked for a challenge before the entry into force of this law, the right place and the right in accordance with the provisions of the earlier law, the procedures shall be governed by the. (29.12.1967/653)

The change of the date of entry into force of the acts and application: 29.12.1967/653:2.7.1971/575: this law shall enter into force on 1 August 1971.




6.6.1980/407: this law shall enter into force on the date decreed.
Before the entry into force of this law may be established by regulation to adopt provisions that are necessary for the entry into force of the law.
At the time of entry into force of this law, the pending patent application will be processed and settled according to the provisions of this law, subject to article 4 to 7.
Patent application, prior to the entry into force of this law has been approved to be in public remains to be seen, and before the entry into force of this law was more a patent application will be processed and will be resolved before the entry into force of this law in accordance with the provisions in force. Before the entry into force of this law was a patent application can also change additional patent application prior to the entry into force of the law, in accordance with the provisions in force.
The provisions of this Act, relating to the obligation to provide a summary, as well as article 20 of this law shall not apply to the application of the entry into force of this Act, which is pending.
Until otherwise provided by the regulation, a patent does not, however, be granted for the product itself, but only in the manufacturing process, when the invention relates to a food or medicine.
Article 8 (2), second sentence, is provided after the entry into force of this Act applies only to the patent filing.
The provisions of this Act shall also apply before the entry into force of the law to granted on the basis of an application made on or before the case of patents, subject to article 9 to 13.
The period of validity of a patent, which was granted on the basis of a patent application, which was earlier than the twelve years prior to the entry into force of this law shall be determined by the prior to the entry into force of this law, according to article 40 of the force.
If the patent has lapsed before the entry into force of this Act under section 51, section 2, is 51 and 3, as well as in force prior to the entry into force of this law the second sentence of paragraph 55, continue to apply.
A patent, which was granted before the entry into force of this law on the basis of an application made prior to the entry into force of this law, article 60 of the force.
Additional patents which have been granted before the entry into force of this law or, in accordance with paragraph 4, shall apply until the entry into force of this law, the provisions in force.
The question as to the invalidity of a patent which has been granted or will be granted prior to the entry into force of this law, in accordance with the provisions in force, shall be settled on the basis of the said provisions.




10.5.1985/387: this law shall enter into force on the date decreed.
This law, 8, 22 and the provisions of article 56 relating to the deposit of a micro-organism cultures, as well as article 8 (a), shall not apply until the entry into force of this law made patent applications.

Patent application, annual fees provisions do not apply to prior to the entry into force of this law made patent applications. In the case of such applications on the basis of this law shall apply to patents issued or the date of entry into force of the provisions set out in the annual fees of the patent in force. The annual fees shall be in accordance with the provisions in force, which are due on the first day of the year, however, the patent date on the calendar that is due on the last day of the month during which the patent year begins.
Before the entry into force of this law in respect of the patent applications referred to in article 14, the requirement to submit, within two years of the date of entry into force of this law.
Until otherwise provided by the regulation, a patent does not, however, be granted for the product itself, but only in the manufacturing process, when the invention relates to a food or medicine.
THEY'RE 230/84, lvk. Mrs. 2/85, svk. Mrs. 14.6.1985 18/85/504:10.5.1991/801: this law shall enter into force on the date decreed.

L 801/1991, entered into force on 1 January 1992.

THEY 232/90, another lvk. Mrs. 20/90, svk. Mrs. 330/90 of 26 June 1992/577: this law shall enter into force on 1 September 1992.
THEY'RE 25/92, 13.11.1992 TaVM 21/92/10: this law shall enter into force on 1 March 1993.
THEY 152/92, 18.12.1992/1409 TaVM 35/92: this law shall enter into force at the time of the decreed.
THEY are 215/92, of 28 June 1994/593 TaVM 46/92: this law shall enter into force at the time of the decreed. Before the entry into force of this law may be to take the necessary steps for its implementation.

L 593/1994, entered into force on 1 July 1994.

THEY'RE 103/94 23/94, TaVM, 21 April 1994 decision of the EEA Joint Committee No 7/94 annex 15. Annex XVII to the EEA Agreement: Council Regulation (EEC) No 2377/90 1768/92 21.4.1995/717: this law shall enter into force on 1 September 1995.
THEY'RE 94/93, SuVM LaVM 22/94, 10/94 December 22, 1995/1695: this law shall enter into force at the time of the decreed. This law is in section 6 of the Act, section 45, 49 and 57 (a) of section will, however, enter into force on 1 January 1996.
THEY 161/95, TaVM 29/95, 21 March 1997/170/95 243 EV: this law shall enter into force on 1 April 1997.
Patent application, prior to the entry into force of this law has been approved to be in public remains to be seen, be heard and settled before the entry into force of this law in accordance with the provisions in force.
Before the entry into force of this law shall apply to the application of the Protocol annexed to the patent in the patent law, article 14.
THEY 254/1996, TaVM 1/1997, EV 6/1997 30.6.2000/650: this law shall enter into force on 15 July 2000.
This law 3 (b) and article 46 (a) shall apply to this Protocol after the entry into force of the law, or to have been made on the basis of the patent application and its features in the issued patent.
THEY'RE 21/12/2000, 2000, TaVM EV 61/2000 on November 19, 2004/990: the entry into force of this law provides for the regulation of the President of the Republic.
The entry into force of this law may be law in Geneva, on 3 October 2001 relating to a proceeding pursuant to patenttiyhteistyösopimuksen (Treaty Series 57/1980), article 22, paragraph 1, the provisions of the scope of the law change, as Finland is committed to them.
The law shall also apply to international applications in respect of which the jatkettuihin priority date 20-month period ending on the date of entry into force of the law, and in respect of which the applicant or has not yet been continued in respect of the international application in Finnish.
THEY (EC) No 139/2004, TaVM 16/2004, EV 131/2004 on 18 November 2005/896:1. The entry into force of this law provides for the State by means of a Council regulation.
2. Prior to the entry into force of this law, the provisions of the regulation of the Council of State to give, which are necessary for the entry into force of the law.
3. at the date of entry into force of this law to pending patent applications and granted patents, as well as on the basis of the applications for patents which have been granted before the entry into force of this law, shall apply the provisions of this Act, subject to article 4, to 9.
4. Article 2 of the law shall not apply to patents, 5 of which have been granted before the entry into force of this law, and not on the date of entry into force of this Act, pending patent applications, if the patent applicant of 19, the Declaration referred to in subparagraph (1) of section prior to the entry into force of this law.
5. the provisions of this section 8 (b) and 8 (c) of the law shall apply to the patent application, which was the entry into force of this law, or be deemed to have been concluded on or after the date you enter.
6. the provisions of this law, article 41 and article 70 (l) shall apply to the annual fee, which is due at the time of entry into force of this law.
7. The provisions of article 60, section 2 provides that, after the entry into force of this Act applies only to the final decision.
8. in the event of the loss of the right of return of the six-month period has expired before the entry into force of this law, shall, upon the entry into force of this Act, in force on article 71 (a), continue to apply.
9. the provisions of this law, section 71 (a) applies shall accompany the application for a patent which is pending on the date of entry into force of this law, subject to the time limit for the loss of the right of return is not yet finished.
THEY'RE 92/2005 TaVM 14/2005, EV 115 21 April 2006/295/2005: this law shall enter into force on 1 May 2006.
THEY are 225/2005 TaVM 2/2006, EV 14/2006 of the European Parliament and of the Council Directive 2001/82/EC (32001L0082); OJ No l L 311, 28.11.2001, p. 1, the European Parliament and Council Directive 2001/83/EC (32001L0083); OJ No l L 311, 28.11.2001, p. 67, the European Parliament and Council Directive 2004/27/EC (32004L0027); OJ No l L 136, 30.4.2004, p. 34, the European Parliament and of the Council Directive 2004/28/EC (32004L0028); OJ No l L 136, 30.4.2004, p. 58 on 21 July 2006/684: this law shall enter into force on 1 September 2006.
57 (b) of this law and article 61 shall apply also to the dispute, which has been initiated before the entry into force of this law. In so far as article 61 concerns the application of article 60 (a) it shall, however, continue as the third paragraph of article 60 (a) of the application.
The dispute, which has been initiated before the entry into force of this law, the provisions of this law, section 60 (a) of the entry into force of this law, instead of force.
THEY LaVM 6/26/2006, 2006, EV 67/2006 05/14/2010/392: this law shall enter into force on 1 December 2010.
THEY'RE 102/2009, LaVM 2/21/10 12/11/2010 2010, EV/954: this law shall enter into force on 1 December 2010.
THEY'RE 75/2010 17/2010, EV, TaVM 136/2010 2011/478: this law shall enter into force on 17 May 2011.
THEY'RE 286/2010, LaVM 34/2010 therefore, EV 311/2010/743:1. This law shall enter into force at the time of the Council of State decreed.

This law is in force in accordance with A 1096/2011 2011.

2. Article 7 (a) of this law, of the provisions relating to the application for a patent shall apply to the journal, which was to have been the entry into force of this law or be held on or after the date you enter.
3. The provisions of this Act relating to the English language, the corresponding patent applications, as well as the adoption of decisions by the patent authority of the patent application in the English language, shall apply to the patent application, which was the entry into force of this law, or be deemed to have been concluded on or after the date you enter.
4. under section 24 of the Act on provision shall apply to the claim, the date of entry into force of this law, which is on or after the date of the patents.
5. the provisions of this law, article 70 (c) shall apply, if the period of validity of the supplementary protection certificate, the application for an extension of the date of entry into force of this Act on or after the date you enter.
6. Prior to the entry into force of the law can be taken in the implementation of the law.
THEY TaVM 51/175/2010, 2010, EV 359/2010 July 22, 2011/863: this law shall enter into force on 1 January 2014.
THEY LaVM 44/222/2010, 2010, EV 374/2010 27 October 2011/1096: This Regulation shall enter into force on 1 November 2011.




31.1.2013/101: this law shall enter into force on 1 September 2013.
The decision by the patent authority, which is made before the entry into force of this law, in the event of an appeal, upon the entry into force of this law, in accordance with the provisions in force.
The application of the dispute, and the criminal case in the District Court, which has been initiated before the entry into force of this law, upon the entry into force of this law, are treated in accordance with the provisions in force.
Before the entry into force of the law can be taken in the implementation of the law.
THEY LaVM 15/124/2012, 2012, EV 158/2012