Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
He who has made an invention of any kind in the field of technology, which can be used industrially, or the person who has been transferred by the inventor, may, on application, obtain a patent and thus exclusive right to use it on a professional basis. As provided for in this Act. (18/11/0896)
An invention shall not be considered merely:
1) discovery, scientific theory or mathematical method;
2) artistic creation;
(3) a plan, rule or method, intellectual activity, game or business or a computer program; and
4) the presentation of information.
The invention shall not be considered as a surgical or therapeutic treatment or diagnostic method applied to humans or animals. However, the above does not preclude the granting of a patent, including substances and mixtures, intended for use in one of the abovementioned methods.
Patents are not granted for plant varieties or animal breeds. However, inventions targeting plants or animals may be patented if the technical feasibility of an invention is not limited to one plant variety or animal race. The concept of plant variety within the meaning of this law is defined in Article 5 of Council Regulation (EC) No 2100/94 on Community plant variety rights.
The patent is not granted essentially to the biological method for the processing of plants or animals. The method of processing plants or animals is considered to be essentially biological if it is based entirely on natural phenomena such as a crossing or selection. The above is without prejudice to the patentability of inventions which are the subject of a microbiological method or other technical methods or the product obtained by those methods. The microbiological method refers to the use of microbiological material or microbiological material or microbiological material produced by microbiological material.
A patent may be granted for an invention even where it is subject to a product consisting of biological material or containing biological material or a method for producing, modifying or using biological material. Biological material, isolated from its natural environment or through a technical method, may be the subject of an invention, even if it occurs in nature. For the purposes of this law, biological material means material that contains genetic information and is capable of reproduction itself or may be added to the biological system.
The human body at the various stages of its formation and development, including the discovery of its component, including the sequence or partial sequence of the gene, cannot be patentable inventions.
Without prejudice to the provisions of paragraph 1, an ingredient contained or otherwise prepared by a technical method, including the sequence or partial sequence of the individual gene, may constitute a patentable invention, provided that: Otherwise fulfilled, even if the structure of such an ingredient is identical to that of the natural component.
A patent is not granted for an invention whose commercial exploitation is contrary to law and order or to good practice.
Commercial exploitation of an invention cannot be regarded as contrary to public policy or good practice solely on the grounds that it is prohibited by law or regulation.
For the purposes of paragraph 1, the following inventions, in particular, are not patentable:
1) human cloning methods;
(2) methods for modifying the genetic identity of human germ cells;
3. Use of human embryos for industrial or commercial purposes; and
(4) methods for modifying the genetic identity of animals which are likely to cause suffering to animals without significant medical benefits for humans or animals, and produced by such methods; Animals.
The patent is only granted to an invention which is new compared to what has become known before the date on which the patent application is made, and is also substantially different from that. (18/11/0896)
It is understood that everything that has become public, whether through the writing or the presentation, is exploited or otherwise. Even before the date on which the patent application was applied, the content of the patent application lodged in this country shall be deemed to be known if the application in accordance with Article 22 becomes public. Similarly, before the date of submission of a patent application in this country, the content of the application for a utility model is deemed to be known, if the application of the law on utility models (800/1991) Article 18 Is made public. The provision in paragraph 1 that an invention must essentially distinguish between what has become known before the date of the application for a patent does not apply to the content of such a patent or utility model application. (18/11/0896)
For the purposes of paragraph 3, the application referred to in Chapter 3 shall, in some cases, have the same legal effect as the patent application made in that country, as provided for in Articles 29 and 38.
The provision in paragraph 1 that the invention must be new shall not prevent a patent from being granted to a substance or mixture used in the method referred to in Article 1 (3), where the use of a substance or mixture is not known In such a method.
The provision in paragraph 1 that the invention must be new shall also not prevent the granting of a patent for the substance or mixture used in the method referred to in Article 1 (3), where the use of the substance or mixture is not Known in this particular method. (18/11/0896)
A patent may be granted even though the invention has been made public within six months before making a patent application:
(1) in the case of a manifest irregularity which has been directed against the applicant or the person who is entitled to it; or
(2) in view of the fact that the applicant or the person from whom he is entitled has placed an invention in an official or officially recognised international exhibition in Paris on 22 November 1928 in Paris Agreement on international exhibitions (SopS 36/37).
The exclusive right acquired by a patent shall include, with the exception of the proprietor of a patent, without the authorisation of a patent holder to use the invention:
(1) by producing, offering, escorting or using a patented product by importing or holding such a product for the purpose of the foregoing;
(2) by using a patented method, if he knows, or if circumstances indicate that the method may not be used without the authorisation of the patent holder, by providing such a method for use in this country; and
(3) by offering, exchange or use of a product manufactured by a patent using a protected method, or by holding such a product for the purposes referred to above.
The exclusive right shall also include a non-patent holder without authorisation to use the invention by providing or supplying to someone who does not have the right to exploit an invention, such an instrument for the use of an invention In a country related to any material invention, provided that the instrument, which provides or provides the instrument, knows, or it is apparent from the circumstances, that the instrument is suitable and intended for the use of an invention. Where the instrument is a commonly traded article, the above provisions shall apply only if the person who provides or provides the instrument shall seek to influence the consigent in order to take action within the meaning of paragraph 1. For the purposes of applying the provisions of this paragraph, the person who uses the invention as referred to in paragraph 3 (1), (3) or (4) shall not be considered as entitled to exploit the invention.
The exclusive right does not understand:
1) exploitation which does not take place in a professional manner;
(2) the exploitation of a product protected by a patent in the European Economic Area with or with the consent of the patent holder;
3. The use of an invention in experiments relating to the invention itself;
(4) the studies, tests or practical requirements for the marketing authorisation for the medicinal product for the invention of that medicinal product; and
(5) the manufacture of a medicinal product in pharmacies, in accordance with a medical prescription, in individual cases or by means of medicinal products manufactured in this way.
(21.4.2006/295)The protection afforded by a patent to biological material, which has certain characteristics as a result of an invention, includes all or adding to the biological material obtained from this biological material in the same or specific form Material with the same features.
The protection provided by the patent to the method of producing biological material, which has certain characteristics as a result of an invention, includes the biological material immediately obtained by this method and any other biological material, Obtained from the biological material immediately obtained by the multiplication or addition of the biological material in the same or specialised form and having the same characteristics.
The protection afforded by a patent to a product containing or consisting of genetic information shall consist of all the material to which the product is combined and to which the genetic information is included and where it acts, subject to Article 1a (1).
The protection referred to above does not include biological material obtained by multiplication or addition of biological material which the holder of the patent has placed on the market in the European Economic Area, or which has been placed on the market with his consent, Where a multiplication or addition is inevitably caused by the use for which the biological material is placed on the market, provided that the material obtained is not subsequently used for other purposes of multiplication or extension.
By way of derogation from the provisions of Article 3a (1) to (3), the sale or marketing of plant propagating material by a patent holder or by his consent to the farmer's agricultural use shall mean that the farmer may use: The multiplication or extension of the product obtained from the harvest in its own order, in which case the scope and the detailed rules of this derogation are the same as those laid down in Council Regulation (EC) No 2100/94 Article 14 provides.
By way of derogation from the provisions of Article 3a (1) to (3), the marketing or marketing of breeding animals or other animal propagating material by a patent holder or by his consent to the farmer shall mean that the farmer shall: Use protected livestock for agricultural purposes. This authorisation shall include the placing of propagating material of the animal or animals on agricultural use, but not in the framework of commercial enrichment activities or for its purposes.
More detailed provisions on the content and implementation of the derogations referred to in paragraph 2 may be adopted, where appropriate, by a Council Regulation.
At the time of the application for a patent application in this country, the invention referred to in the application for good use, without prejudice to the general nature of the patent, shall not continue to be exploited without prejudice to the general nature of the patent. An abuse of a patent seeker or a person who is entitled to do so. The same right of exploitation is also subject to the same conditions as the one which has taken the essential steps to use the invention in a professional manner in this country.
The right referred to in the first paragraph may be transferred to another person only with the movement in which it was born or where the exploitation was intended to take place.
Notwithstanding a patent, the invention may be used in a foreign ship, on board an aircraft or other means of transport for their needs, where such vehicles are temporarily, regular or otherwise come to Finland.
The Regulation may provide that the spare parts and accessories of an aircraft may be imported and used for the purpose of repairing a foreign aircraft in the event of a foreign ship being resident in a country with equivalent benefits to a Finnish Aircraft.
Patent application, the invention of which has been submitted during the 12 months preceding the date of application of the patent application or in the application for a patent or utility model in Finland or the protection of industrial property Of the Paris Convention relating to the Paris Convention (SopS 36/1970 and SopS 43/1975) or in another State or territory which acceded to the Treaty establishing the World Trade Organisation (SopS 5/1995), an inventor certificate or a utility model , must be considered in Article 2 (1), (2), (4) and And Article 4 shall be applied simultaneously with an earlier application, if requested by the applicant. Such a privilege may also be obtained from an earlier application for protection which does not mean a State or territory which has acceded to the abovementioned agreements if, where an earlier application has been made, the Finnish application is granted A similar prerogative and if the legislation in force there is essentially consistent with the abovementioned agreements. (18/11/0896)
The Regulation lays down, or a decision of a patent authority to be issued under a regulation, how a request for a privilege must be submitted and which documents must be supported. If the above provisions or orders are not complied with, no privilege can be obtained.
The patent application shall be made in writing to the patent authority or, in the case referred to in Chapter 3, to the patent authority of another country or to an international organisation. The patent authority keeps a diary of patent applications.
In this Act, the patent authority shall mean the Finnish Patent Office, unless otherwise provided. The Finnish Patent Office is the Patents and Registration Board, according to which it is expressly provided.
For each application referred to in Article 7 (1):
1) the date number of the patent application;
(2) the categories to which the application is classified;
(3) the name of the investigating engineer;
(4) the name, address and address of the applicant;
(5) if the applicant is represented by an agent, his name, domicile and address;
(6) Name and address of the inventor;
(7) the name of the invention;
(8) whether the application is a Finnish, international or national patent application for a European patent;
(9) the date of arrival and the date of submission of the application if the application is a Finnish patent application;
(10) the date of international action and the date on which the application has been extended or the application has been submitted pursuant to Article 38, if the application is an international patent application;
(11) the date of submission of the European Patent Convention (epc) and the date on which the application was submitted to the Patents Authority for conversion if the application has been converted into a national application for a European patent;
(12) information on where an earlier application has been made as a basis for the entitlement, together with the date and number of the application, if the privilege is requested;
(13) the date number of the application for the application if the application has been obtained by dividing or chipping;
(14) the date number of the application, whether or not the application is made, if a new application has been submitted by way of the distribution or reparation;
15), if the application has become public, pursuant to Article 22 (3);
(16) the international application number if the application is an international patent application;
(17) the application number of the application for a European patent, if the application has been converted into a national application for a European patent;
18) pleadings and payments made in the case; and
19) decisions taken in this case.
The indication referred to in paragraph 1 (2), (3), (6), (7) and (16) to (18) shall be kept secret until the application for a patent application has become public in accordance with Article 22.
Paragraph 1 has been repealed by L 17.06.2011/743 .
The application must include an explanation of the invention, including drawings, if necessary, and precisely what the patent is intended to protect (patent requirement). The fact that an invention means a chemical compound does not require the reporting of a particular use in the patent requirement. The explanation should be so clear that an invention can be used by a professional. The invention of biological material or biological material used in the implementation of biological material shall be considered sufficiently clear in the cases referred to in Article 8a only if the conditions laid down in that article have been met. (30.06.2000)
The application should also contain an explanation and a summary of the patent requirements. The summary is intended only as a source of technology and should not be given any other meaning.
The application shall indicate the name of the inventor. If a patent is applied for other than the inventor, the applicant must clarify his/her rights to the invention.
The explanation, the summary and the patent requirements must be drawn up in Finnish, Swedish or English. They may be drawn up in more than one of these languages. If the patent requirements and the summary are only drawn up in another national language, the patent authority shall ensure that the patent requirements and the summary of those languages are translated into one of the languages before the application is made public. The applicant shall pay a certified translation fee. If the patent requirements and the summary are only written in English, the applicant must submit the translation of the patent claims and the summary into Finnish or Swedish before the application is made public. Where appropriate, the patent authority shall ensure that they are translated into one of these languages. (17,061/743)
The applicant shall make a confirmed application fee. The application shall also be accompanied by a fixed annual fee for each year preceding the final settlement of the application. (105,1985/387)
The year of payment shall be calculated for the first time from the date on which the application was made or deemed to have been made and the corresponding calendar day thereafter. (105,1985/387)
Where the invention concerns biological material or the implementation of an invention, biological material which is not readily available and cannot be presented in the application dossier is that a professional may be used by a professional on their basis, The sample of biological material shall be deposited at the latest on the date of submission of the application. The biological material shall then be permanently deposited in such a way that the person entitled to obtain a sample of the deposit under this law may obtain it in Finland. The Government Decree provides for which deposits can be made.
If the deposited biological material loses its vitality or cannot, for any other reason, be able to obtain a sample, it may be replaced by a new deposit of the same biological material as provided for by the Government Decree. If this is the case, a new deposit shall be deemed to have been made on the date of the previous deposit.
The patent authority shall issue a date for a patent application if:
(1) it appears from the application that it is a patent application;
(2) the application contains information on the applicant or the authority may reach him; and
(3) the documents submitted in connection with the application contain what is to be considered as an explanation or a drawing, or the application contains a reference to a previous patent or utility model application and the applicant has provided the information with a patent or The date of application of the utility model application, the application number and the patent authority to which the application has been made.
If the applicant has not complied with the provisions of paragraph 1 in order to obtain a date, the applicant shall be invited to remedy the deficiencies within the time limit laid down by the patent authority. If the applicant has not remedied the deficiencies within the time limit or the applicant has not been able to reach the applicant within two months of the date of the application, no application shall be deemed to have been made.
If, within the time limit set out in paragraph 2, the applicant has corrected all the deficiencies in the application for the date of completion, the date on which all the deficiencies have been remedied shall be completed.
Where an application submitted in accordance with Article 8b is incomplete and the patent authority finds that a part or parts of the explanation or drawings of the application are missing or referred to in the explanation or the patent requirements, the applicant shall be invited to: Supplement its application within the time limit laid down by the Patent Authority. If the missing parts are delivered within the given time limit, the date of conclusion shall be the date on which all the deficiencies have been rectified, subject to paragraphs 2 and 3.
If the subsequent parts submitted pursuant to paragraph 1 are withdrawn within one month of their submission, the original date of conclusion shall be the date of conclusion.
If the missing parts are supplied in accordance with paragraph 1 and an earlier application is requested and the missing elements are fully disclosed, the original date of conclusion shall be taken by the applicant, if the applicant so requests and submits a copy On the basis of the application, within the time limit laid down in paragraph 1.
The patent authority shall be entitled to receive the decisions of the Patents Authority in English in English if he/she wishes to speak in writing in English at the time of application for a patent application.
If the applicant has not requested an English version of an application as referred to in paragraph 1, the patent authority shall issue an interim decision requesting the applicant, within a period of time, to submit a translation of the patent application in Finnish or Swedish, or In writing to request the language of the English language. If, in response to the midterm decision, the applicant has requested English, the English-English patent application forms the basis for further consideration. If the applicant has submitted a translation of the patent application in Finnish or Swedish, the Finnish or Swedish patent application forms the basis for further consideration.
If the patent authority finds that the translation of the English-language patent requirements and the summary does not correspond to the English-language documents, the applicant shall be given an invitation to correct the translation deficiencies within the time limit.
Where the applicant requests and makes a fixed fee, the patent authority shall issue a novelty study on the application under the conditions laid down in Article 15 (5) of the Patent Cooperation Agreement signed in Washington on 19 June 1970 Shall be carried out by the International Bureau of Investigation in accordance with paragraph.
The same application shall not apply for a patent for two or more independent inventions.
Where a patent is sought for an invention which is relevant to an earlier patent application lodged by the applicant, which has not been definitively settled, a subsequent application shall be made on the claim and under the conditions laid down by the Regulation, shall be deemed to have been made At the time when the documents on which the invention was discovered arrived at the patent authority.
A patent seeker who does not have a seat in Finland shall be an agent resident in the European Economic Area who is entitled to represent him in matters relating to his application. (30.06.2000)
If the decision on the application for a patent has not been communicated to the applicant at the address to the applicant, service may take place by issuing a patent in a patent published by the Government of the Patent and Registration. The notification shall be deemed to have taken place once the abovementioned measures have been taken. (21.3.1997/2)
A patent application shall not be amended in such a way that a patent is applied for, which has not been determined by the application when the application has been made.
§ 14 has been repealed by L 21.3.1997/243 .
If the applicant has not complied with the provisions relating to the application or if the patent authority otherwise considers to be an obstacle to the approval of an application, the applicant shall be required, in the interim decision, to make a statement or to correct the inadequacy of the prescribed time During. However, the patent authority may, without consulting the applicant, make the changes it deems necessary. (6.6.1980/407)
If, within the period specified in the Interim Decision, the applicant does not give a statement or take steps to remedy the inadequacy of which has been pointed out, the application shall be submitted to it. The interim decision shall indicate that penalty.
An application lodged with that bridge shall be reopened if, within four months of the expiry of the period laid down in the Interim Decision, the applicant shall state its opinion or take action to correct the inadequacy and to complete the A payment for re-examination of the application.
If the applicant fails to pay an annual fee in accordance with Articles 8, 41 and 42, the application shall be lodged without any interim decision. Consequently, the application for which it has been submitted cannot be reopened. (105,1985/387)
If, after a statement is made, an obstacle is deemed to be an obstacle to the acceptance of the application and the applicant has had the opportunity to give its opinion, the application shall be rejected if there is no reason to give the applicant a new intermediate decision.
If anyone claims to the patent authority that he has a better right to an invention than the applicant, and if it is considered to be unclear, the Patents Authority may, in the interim decision, request him to appeal to the Court of Justice over a specified period of time. That the claim is not taken into account for the further consideration of the patent application.
Since the dispute on a better right to an invention is pending before a court, the examination of the patent application may be suspended until the case has been finally resolved.
If anyone shows to the patent authority that he has a better right to the invention than the applicant, the patent authority will be required to transfer the application to him. Anyone who receives a patent application shall be subject to a new application fee.
When a transfer has been requested, the application shall not be left, rejected or approved or withdrawn before the requirement has been definitively investigated.
Where the application complies with the provisions and is not considered an obstacle to the approval of the application, the patent authority shall inform the applicant that the application can be accepted.
Where the notification referred to in paragraph 1 has been given to the applicant, the requirement referred to in Article 11 shall not be made and the patent requirements shall not be altered in such a way as to extend the scope of patent protection.
The applicant shall make a fixed printing fee within two months of the date on which he has been notified in accordance with paragraph 1. The application must be lodged if the payment is not made. An application lodged in that case shall be reopened if the applicant, within four months of the expiry of that period, carries out a printing fee and a fixed fee for re-examination.
When the inventor applies for a patent and asks for an exemption from the printing fee within two months of the date of notification under paragraph 1, the patent authority may grant him the exemption if the payment is considered to be: Give him considerable difficulties. If the request is rejected, the payment made within two months of the rejection shall be deemed to have been carried out within the right time.
Where the applicant has done what is required under Article 19, the patent authority shall, subject to the continuing absence of an obstacle, accept the application. The application must be approved.
The patent has been granted on the date of receipt of the application. The patent granted shall be entered in the patent register kept by the patent authority. The patent holder must be given a patent book.
The patent authority shall, from the date on which the patent is granted, keep a patent publication available to the public, including the explanation of the invention, the patent requirements and the summary, and the notification of the patent holder and the inventor. If the decision approving the application is in English, in accordance with Article 8d, the patent shall be provided in English and in the Swedish language, in Finnish or Swedish, in English.
The documents relating to the patent shall be public from the date on which the patent is granted. (21.3.1997/2)
Documents shall also be public when 18 months have elapsed since the date of submission of the patent application or, if the privilege is requested, from the date on which the privilege was requested, even though the patent has not yet been granted. Where an application has been lodged or rejected, the documents shall, however, be made public only if the applicant requests the application to be reopened or appealed, or acts in accordance with Article 71a or 7b. (21.3.1997/2)
At the request of the applicant, the documents shall be made public earlier than those provided for in paragraphs 1 and 2.
When the documents are published in accordance with paragraphs 2 and 3, they must be made public.
Where the document contains a business secret and if this does not apply to the invention to which the patent is sought or for which the patent is granted, the patent authority may, for a specific reason, stipulate that the document is not public. If such a requirement is made, the document shall not be made public until the claim has been rejected by a legal decision. (21.3.1997/2)
Where the biological material has been deposited in accordance with Article 8a, each person shall have the right to a sample of the biological material when the documents have become public in accordance with paragraphs 1, 2 or 3. However, without prejudice to the above, the sample shall not be handed over to the person who, according to the provisions in force, cannot obtain the deposited biological material. Furthermore, the sample is not handed over to someone who, because of its injuriability properties, may pose a significant risk. (30.06.2000)
Before the patent has been granted or for a period of 20 years from the date of submission of a patent application, if the patent application has been definitively resolved without its being taken to the patent, the sample of the deposit shall, in spite of the provisions of the first sentence of the first sentence of paragraph 6, give Only to a specific expert, if requested by the applicant. The Regulation provides for when such a request may be made and who the applicant may use as an expert. (21.3.1997/2)
Anyone who wishes to obtain a sample should request it in writing from the patent authority and undertake to comply with the provisions on the prevention of misuse of the sample laid down by the Regulation. If a sample is to be released only to a specific expert, this shall be given by the above undertaking. (105,1985/387)
If an application made public is submitted or rejected, the decision shall be subject to the law of the law.
Anyone can make a claim against the patent. The claim shall be lodged with the patent authority within nine months from the date of issue of the patent. The claim shall be made in writing and shall be justified. A claim shall be made by the person responsible for payment of the basis of assessment under the Law on Charges and Charges for the Government of the Registration of the Patent and Registration (10/02/1992) And the acts adopted pursuant thereto.
Where an explanation of the invention is written in English, the patent proprietor shall, at the request of the patent office, submit a translation of the translation in the same language in which the translation of the requirements has been provided. The translation of the explanation shall be submitted within the time limit laid down by the patent authority to the patent authority. If the patent authority finds that the translation in English is not in line with the explanation, the applicant shall be given an invitation to correct the translation deficiencies within the time limit.
If the patent holder fails to provide the translation within the time limit referred to in paragraph 2, the patent authority may, at the risk of the fine, oblige the patent holder to submit a translation or a translation at the expense of the patent holder. Documents translated into Finnish or Swedish are the basis for further discussion.
Where a claim has been made against a patent, it shall be brought to the attention of the patent holder and the patent holder must be given an opportunity to give its opinion on it. A cardholder who has no domicile in Finland shall be an agent within the meaning of Article 12 during the debate.
A patent authority may, if there are specific reasons, take into account the claim, even if the patent has lapsed or lapse in accordance with Article 51, or the claim is withdrawn. If the opposing party withdraws his claim, he cannot appeal to the decision of the patent authority. The patent authority must take into account the claim made during the alleged period, even though the patent has been subject to a limited legal decision before the claim has been lodged.
As a consequence of the claim, the patent authority shall revoke the patent when:
(1) the patent has been granted, even if the conditions laid down in Articles 1, 1a, 1b and 2 have not been fulfilled;
2) a patent means an invention which has not been made so clearly that a professional can use it on the basis of it;
(3) a patent shall consist of which has not occurred at the time of the application; or
(4) patent protection has been extended beyond the notification provided for in Article 19 (1).
The patent authority must reject the claim if there is no obstacle to the validity of the patent within the meaning of paragraph 1.
If, during the debate, the patent proprietor has changed the patent in such a way that there is no obstacle within the meaning of paragraph 1 as amended, the patent authority shall retain the patent in a modified form.
If the patent is maintained in a modified form, the patent publication shall be kept available to the public by the patent authority.
The patent authority shall be subject to the decision taken in response to the claim.
In the case of a final decision on the patent application of a patent authority, the applicant may appeal if the decision is contrary to him. If the decision is contrary to him, the patent holder or the person concerned may appeal to a final decision as a result of the patent authority's claim. (31.1.2013/101)
The decision to re-examine the application referred to in Article 15 (3) or Article 19 (3) has been rejected or the request for the transfer of the application referred to in Article 18 has been accepted, the applicant may appeal. The decision to reject the application has been rejected, the holder of the claim may appeal.
The decision to reject the requirement referred to in Article 22 (5) may be appealed against.
In the cases referred to in Article 26, an appeal is brought to a decision by the Patent Authority by the choice of market law, as laid down in the Act on the Government of the Patent and Registration (175/1992) Provides.
Processing by market law of the complaint referred to in paragraph 1 shall be governed by the law on proceedings in market law (100/2013) .
Article 22 (5) provides for the publication of a patent document, including, where applicable, documents issued to market law or to the Supreme Administrative Court.
L on a patent and registration board 575/1992 Has been repealed by L for the Patents and Registration Government 578/2013 .
Where a patent applicant seeks a change in the final patent authority for a patent application in English, he shall forward to market law a translation of an invention, a summary and a translation into Finnish, or In Swedish. In the absence of a translation in the event of a complaint, the market law shall provide the applicant with an opportunity to submit a translation in the period prescribed by the market law. If the applicant does not submit a translation within the prescribed period, the appeal shall be inadmissible. At the same time, calling on the patent applicant to submit a translation of the market law must also indicate the penalty for failure to comply with the request. Documents translated into Finnish or Swedish are the basis for further discussion.
When a patent applicant is seeking a change in the final patent authority's decision on the patent application, which has been given in English, the patent authority should ask the patent authority to submit a translation into Finnish or Swedish. The decision translated into Finnish or Swedish is the basis for further discussion.
In order to appeal to the final decision of the patent authority on the appeal, the patent proprietor shall forward to the market law a translation into Finnish or Swedish if the patent documents are not in their entirety Available in Finnish or Swedish. If necessary, the market law should provide the patent holder with an opportunity to submit a translation in the time prescribed by market law. If the patent holder fails to submit a translation within the prescribed period, the market right may, at the risk of the fine, oblige the patent holder to submit a translation or a translation at the expense of the patent holder. At the same time, calling on the patent holder to provide a translation of the market law must also indicate the penalty for failure to comply with the request. Documents translated into Finnish or Swedish are the basis for further discussion.
If the explanation of the invention and the patent requirements have been drawn up in English and English, the patent holder will be able to give the patent authority a corrected translation. A translation fee shall be paid by the patent holder. The patent authority shall promptly announce the correction in Finnish and Swedish and shall, as soon as possible, keep copies of the corrected translation available to the public. After the alert, the corrected translation will replace the original translation.
If, at the time of the entry into force of the translation, good faith has begun to use the invention professionally in this country in a manner which, in accordance with the previous translation, did not result in an infringement of the patent holder's right, or was In accordance with Article 7c (2) and (3) of the Treaty.
An international patent application means an application under the Patent Cooperation Agreement.
An international patent application shall be made to the patent authority or to an international organisation which, according to the Patent Cooperation Agreement and its application rules, is entitled to receive such an application (the receiving authority). In Finland, the authority of the host authority shall be the government of patents and registries as provided for by the Regulation. For an international patent application made here, the applicant shall pay a fixed fee.
Articles 29 to 38 refer to an international application with Finland.
The international patent application, which has been confirmed by the receiving agency at international level, has the same effect in this country as the Finnish patent application made on the day. The second sentence of Article 2 (2) concerns an international application only if the application has been extended in accordance with Article 31.
The international patent application is considered to be withdrawn for Finland in the cases referred to in Article 24 (1) (i) and (ii) of the Patent Cooperation Agreement.
If the applicant wishes to continue an international application in respect of Finland, he shall, within 31 months of the international day, or, if the privilege is requested, give the patent authority an international A translation of the application in Finnish, Swedish or English to the extent provided for by the Council Regulation 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, carry out a confirmed payment to the patent authority. (17,061/743)
If the applicant has completed a fixed fee in accordance with paragraph 1, he may provide the required translation or a copy within two months, provided that the additional payment is made within the latter period.
If the applicant fails to comply with the provisions of this Article, the application shall be deemed to be withdrawn for Finland.
§ 32 repealed by L 19.11.2004/990 .
Where an international application has been extended in accordance with Article 31, the application and the provisions of Chapter 2 shall apply, unless otherwise provided for in this Article or in Articles 34 to 37. The application may be admissible only on a proposal by the applicant before the expiry of the period laid down in Article 31 (1). (19.11.2004)
Under Article 12, the obligation for the applicant to have an agent residing in the European Economic Area does not begin until the application is admissible. (30.06.2000)
Article 22 (2) and (3) of the Law applies even before the applicant has continued the application, when the applicant has fulfilled his obligation under Article 31 to submit a translation of the application or, if the application is drawn up in Finnish, Swedish or English, When the applicant submitted a copy of the application to the patent authority. (17,061/743)
For the purposes of Articles 48, 56 and 60, an international application shall be deemed to have become public when the applicant has fulfilled his obligations under paragraph 3. (105,1985/387)
If the patent application complies with the provisions on the form and content of the application of the Patent Cooperation Agreement and its application rules, it must be accepted in this respect.
The approval of an application for an international patent shall not be submitted in accordance with Article 19 (1), and such a patent application shall not be rejected before the expiry of the period laid down by the Regulation, unless the applicant agrees that the application shall be settled Before that.
The patent authority shall not, without the consent of the applicant, publish an international patent application in print or in a similar manner and shall not grant a patent for the invention of such a patent before the World Intellectual Property The International Bureau of the Organisation has published an application or 20 months after the date of the International Day or, where the privilege is requested, the date on which the privilege is requested.
If a part of an international patent application has not been subject to an examination of international novelty or of patentability due to the fact that an application has been deemed to include independent discoveries and the applicant is not in the course of time Completed a surcharge under the Patent Cooperation Agreement, and the patent authority must examine whether the solution has been the right one. Where a solution is deemed to be correct, the part of the application which has not been examined shall be deemed to have been withdrawn in the patent authority, unless the applicant is paid by the applicant within two months of the date on which the applicant has been informed The decision of the patent authority. If, in the view of the patent authority, the solution has not been correct, it shall continue to examine the application in its entirety.
The applicant may appeal against the decision referred to in paragraph 1, in which the patent authority has considered that the patent application contains independent inventions. In this case, the provisions of Article 27 (1) shall apply mutatis mutandis. (18/11/0896)
Where a decision of the Patents Authority is maintained by the appeal authority, the time limit shall be calculated for the payment of the fee referred to in the second sentence of paragraph 1 when the decision of the appeal authority has become final.
Where a part of an international patent application has not been subject to an investigation of international patentability, because the applicant has limited the scope of the patent requirements to the investigating authority either to limit the requirements Or to make an additional payment, the part of the application which has not been examined shall be deemed to be withdrawn in the patent authority if the applicant is not paid within two months from the date on which the applicant has received the patent authority from: The notification sent by.
Where the receiving authority has refused to grant an international patent application for an international day, or has declared that the application must be deemed to be withdrawn or that the claim that the application covers Finland shall be regarded as: Shall be examined, at the request of the applicant for the patent authority, whether this decision has been the right one. The same applies to the decision of the International Bureau that the application should be deemed to be withdrawn. (18/11/0896)
The request for a study referred to in paragraph 1 shall be submitted to the International Bureau within the time limit laid down by the Regulation. The applicant shall, within the same period, submit a translation of the application to the Patents Authority, to the extent provided for by the Regulation, as well as a confirmed application fee. (105,1985/387)
If the patent authority considers that the decision of the receiving authority or the International Bureau has not been the right one, the patent authority shall consider the application in accordance with Chapter 2. If the receiving authority has not established an international date, the application shall be deemed to have been made on the date which the patent authority considers should have been established as an international day. If the patent application complies with the requirements for the form and content of the application of the Patent Cooperation Agreement and its application rules, it must be accepted in this respect. (18/11/0896)
The provisions of the second sentence of Article 2 (2) of the Law shall apply to an application admissible under Article 22 (3) if the application becomes public.
Patent requirements determine the scope of patent protection. An explanation can be used to understand the patent requirements.
The granted patent may be maintained until 20 years after the date of submission of the patent application.
A valid annual fee shall be paid for each payment year starting after the grant of the patent. If the patent has been granted before the annual payments for the patent application have started due in accordance with Article 41, the patent proprietor shall, however, have to pay the annual fees payable for the first time when the annual fee is due, including: In respect of payment years which have started before the grant of the patent. (105,1985/387)
The annual fee is due to be due on the last day of the calendar month in which the payment year begins. However, annual payments for the first two years are only due at the same time as the third year of payment. Annual fees shall not be paid earlier than six months before their due date.
The annual payments for a subsequent application in accordance with Article 11 of the Act, which started before the date of arrival of the subsequent application or which starts within two months of the date of arrival, shall not be due until the date of the second On the last day of the month. Annual payments on an international patent application shall also be due only on the last day of the month, which shall be two months after the date on which the application has been extended in accordance with Article 31 or in accordance with Article 38. , if the payment year in question has started before that date or starts within two months of that date. (18/11/0896)
The annual fee, together with its fixed increases, may be made within six months of the date of maturity.
Where the inventor is a patent seeker or patent holder, and where the performance of the annual fees presents him with considerable difficulties, the patent authority may grant him a deferral of payment, provided that he or she requests it at the latest Where the annual payments are due for the first time. The deferral may be granted for a maximum period of three years, but up to a maximum of three years after the grant of the patent. The request for an extension of the deferral shall be made before the suspension of the deferral has expired.
If the request for suspension or deferment is rejected, the payment made within two months of the rejection shall be deemed to have been carried out within the right time.
The annual payments for which a deferral has been granted pursuant to paragraph 1 may be carried out within six months after the date on which the suspension has been obtained, together with the increases in Article 41 (3).
If the patent holder has given the other right to a professional use of the invention (a licence), he may only surrender his rights if it has been agreed.
When a patent has been passed on to another or its use, it shall be entered in the register of patents on request. The same applies to the pledge of the patent.
If it is shown that the licence or patent law entered in the register has ceased to be valid, it shall be deleted from the register.
Paragraphs 1 and 2 provide for the release and the cessation of the authorisation, including the compulsory licence and the right referred to in Article 53 (2).
In the case of a patent, a patent holder is deemed to be the holder of the patent in the patent register.
When someone has asked the patent authority to be entered in a register, that the patent has been handed over to him or that he has obtained a licence or a lien, and if he was in good faith, not a patent or a patent, An earlier transfer of the right to a patent shall not be valid against him if one had not previously requested that he be entered in the register.
Three years after the patent has been granted, and at the same time, four years after the application for a patent, the invention will not be used or made available in Finland to a reasonable extent, the person who wants to use the invention in Finland can obtain it. A compulsory licence, unless there is an acceptable reason for not using an invention. (22.12.1995-5)
The Regulation may, subject to reciprocity, provide that, for the purposes of paragraph 1, use in a foreign country shall be equivalent to the use made in that country.
The patent holder, whose invention is dependent on another patent, is entitled to an expropriation of an invention protected by the patent, provided that it is considered to be Reasonable or otherwise there are specific reasons.
The patent holder, whose patent has been granted a compulsory licence under paragraph 1, is entitled to expropriate a second invention, unless there are specific reasons for it.
Where a processor cannot acquire or exploit a plant variety right without infringing an earlier patent, he may apply for an expropriation of a patent protected by a patent for a non-exclusive use, if the compulsory licence Is necessary for the recovery of a plant variety protected. Where a processor is granted such a compulsory licence, the patent holder shall, in such a case, have the right to obtain, on reasonable terms, a reciprocal authorisation to use the protected variety.
Applicants for the authorisation referred to in paragraph 1 shall demonstrate that he has not obtained a successful contract to obtain authorisation from the patent holder and that the plant variety represents a significant technical development with a significant economic interest in the patent. In relation to the intended invention.
Law on the rights of plant breeders (789/1992) Provides for the right of a patent holder to have the compulsory use of a variety protected by a plant variety right.
L phytosanitary law 789/1992 Has been repealed by L 1279/2009 . See. L phytosanitary law 1279/2009 ARTICLE 32 .
In the case of a particularly significant public interest, the person who wishes to use the invention, one with a patent on a professional basis, is entitled to a compulsory licence.
The fact that, in accordance with Article 22 of the documents relating to the application of the patent application, the invention of the invention in which the patent is applied in that country is entitled, if the application leads to a patent, to obtain a compulsory licence for the exploitation of the invention, If there are specific reasons for it and if he was not aware of the application and could not reasonably be considered as having access to it, information. Under the same conditions, it shall also be subject to a compulsory licence for the professional exploitation of the invention in that country. The compulsory licence may also be applied before a patent is granted.
The compulsory licence may only be granted to the person who is deemed to have the capacity to use the invention in an acceptable manner, in accordance with the compulsory licence, and which, prior to the request for a compulsory licence, has tried to obtain a licence Patented invention on reasonable commercial terms. The compulsion does not prevent the patent-holder from using the invention himself or extradite it. The compulsory licence may be transferred to another person only with the movement in which it is used or intended to be used.
The compulsory licence shall be issued by the court, which shall also determine the extent to which the invention may be used, as well as the consideration of the consideration and other conditions of the expropriation. Where circumstances so require, the court may, at the request of the person concerned, annul the expropriation or set new conditions.
As a competent authority within the meaning of Article 3 (1) of Regulation (EC) No 816/2006 of the European Parliament and of the Council on compulsory licensing of patents for the manufacture of pharmaceutical products for export to countries with public health problems Is a market law.
Where a patent is not made on an annual basis in accordance with Articles 40, 41 and 42, the patent shall lapse from the beginning of the year for which the payment has not been made.
The court shall declare the patent null and void on the basis of the action, when:
(1) a patent means an invention which does not satisfy the conditions laid down in Articles 1, 1a, 1b and 2;
2) a patent means an invention which is not so clearly stated that a professional can use it on the basis of it;
(3) a patent shall consist of which has not occurred at the time of the application; or
(4) patent protection has been extended beyond the notification provided for in Article 19 (1).
(30.06.2000)In the case of an application for annulment of a patent, the patent holder may ask the court to limit the patent in accordance with the amended patent requirements. A request for restriction shall be made before the case is referred to the main proceedings. If a request for a restriction is made, the question of it must be resolved separately before proceeding with the issue of the annulment of the patent. This limitation shall satisfy the conditions laid down in Article 53b. If the court accepts a request for a restriction, a patent thus limited is the basis for further consideration. An appeal against a decision on a request for restriction may be lodged in the context of a judgment on a claim for annulment of a patent. (18/11/0896)
However, the patent cannot be declared null and void on the ground that the recipient of the patent has only been entitled to a specific share of it. (6.6.1980/407)
With the exception of the case referred to in paragraph 5, any action may be taken by any person to whom the patent is to be harmed or if the public interest is deemed to be required by the authority laid down by the Government Decree. (18/11/0896)
An incentive, based on the fact that a patent has been granted to a person other than that of a patent under Article 1, can only be driven by anyone who claims to be entitled to a patent. The action shall be instituted within one year of the applicant's receipt of the information on the grant of the patent and of the other facts on which the action is based. If the patent holder has been in good faith when the patent was granted or transferred to him, the application shall not be initiated later than three years after the grant of the patent. (6.6.1980/407)
Where a patent has been granted outside the meaning of Article 1, the patent shall be patented by the court on the right of appeal. For the period of initiation of the action, the provisions of Article 52 (5) shall be complied with. (18/11/0896)
The person to whom the patent is transferred shall have the right if, in good faith, he has begun to exploit the invention in a professional manner in that country, or has taken the relevant measures, reasonable consideration and otherwise reasonable Under the conditions to continue the exploitation or to begin the exploitation of the intended exploitation by maintaining its overall character. Such a right shall also be subject to the same conditions as the holder of a licence entered in the register of patents.
The right referred to in the second paragraph may be transferred to another person only with the movement in which it is used or intended to be exploited.
The patent holder may apply for a patent restriction by making a written request to the patent authority. The request for restriction shall include:
(1) the name and address of the patent holder;
2) the registration number of the patent;
(3) restricted patent requirements and explanation and drawings if they have been amended;
(4) where the patent holder is represented by an agent, his name, domicile and address; and
5) handling fee.
Where the provisions in paragraph 1 are not complied with, the patent authority shall provide the applicant with an invitation to remedy the deficiencies within the time limit. If the request is not complied with within the time limit laid down by the patent authority, the request shall be rejected. The applicant shall have the right to appeal against such decision.
If an objection is pending before a court or proceedings are pending in accordance with Article 52, the request shall not be admissible. In that case, the applicant shall be reimbursed.
If a claim is made against a patent or an action is taken to declare a patent invalid after the restriction has been requested, but before the limitation decision becomes final, the limitation procedure shall be closed.
The approval of a request for restriction of a patent by a patent authority or a court of law is that, in accordance with the request, the patent shall be subject to the following conditions:
1) a patent is an invention made so clearly that an invention can be used by a professional;
(2) the patent does not cover what has not occurred at the time of the application; and
(3) the patent protection area has not been extended from the protection area covered by the patent or the patent approved in the course of the opposition procedure, or a protection area under the previous limitation decision.
Where the patent holder has requested the European Patent Office to restrict a patent in accordance with Article 105a of the European Patent Convention (Treaty of the European Patent Convention), the patent authority shall defer the examination of the request for limitation in accordance with Article 53a (1) Until the final decision has been taken by the European Patent Office.
If the patent holder has requested the European Patent Office to withdraw the patent in accordance with Article 105a of the European Patent Convention, the patent authority shall defer the examination of the closure declaration in accordance with Article 54 until such time as The Patent Office has taken a final decision on this matter.
Where a patent has been foreclosed or a dispute is pending, the patent authority shall defer the application of the request pursuant to Article 53a (1) and the notification under Article 54 until such time as the foreclice has lapsed or the dispute Has been definitively resolved.
If the patent authority considers that there is an obstacle to the adoption of a request under Paragraph 53a (1), the patent holder shall be given the opportunity to give his opinion. If, despite the statement by the patent authority, it still considers that the request cannot be accepted, it must be rejected and the patent is maintained in an unchanged form. The patent-holder shall have the right to appeal to the final decision of the patent authority if the decision is unfavourable to him.
If the patent authority considers that there is no obstacle to the adoption of a request pursuant to Article 53a (1), the patent shall be restricted in accordance with the request. The decision on the approval of restrictive measures shall be subject to Article 55. The patent authority shall, from the date of the application of a limited patent, keep available to the public a modified patent publication containing a limited patent explanation, possible drawings and limited patent requirements, as well as notification From the patent holder. The Patent Authority shall ensure that, where appropriate, limited patent requirements are available in Finnish and Swedish. The applicant shall pay a certified translation fee.
The final decision on the admissibility of the restriction pursuant to Article 53d (2) of the Patent Authority and the final decision on the limitation of the patent in accordance with Article 52 (2) of the Court of Justice shall be valid from the date of application of the patent application. Including.
If the patent holder withdraws a request for a restriction pursuant to Article 53a (1), the limitation procedure shall be suspended from the date of the final date. The request for a limitation cannot be withdrawn once the final decision on the authorisation of the restriction has been taken.
If the patent holder informs the patent authority in writing that he is waiving the patent, the authority shall abolish the patent in its entirety. The patent shall be deemed to have ceased from the date of submission of the patent application. The patent-holder shall have the right to appeal to the final decision of the patent authority if the decision is unfavourable to him. (18/11/0896)
When a patent has been foreclosed or a dispute about the transfer of a patent is pending, the patent shall not be terminated as long as the forecluse is in force or the dispute has not been definitively resolved. The same applies if the lien is entered in the register of patents.
Where a patent has lapsed, has ceased, or when it has been restricted, or when it has been declared null and void or transferred, the patent authority shall be obliged to do so.
If a patent applicant invoking his application to make a claim to another before the application file has been published in accordance with Article 22, he shall, on request, give his consent to access to the file. Where a patent application includes a deposit of biological material in accordance with Article 8a, the consent shall also apply to the right to obtain a sample of the deposit. The provisions of Article 22 (6) (2) and (3) and (7) and (8) shall also apply where a person wishes to obtain a sample on the basis of such consent. (30.06.2000)
By turning directly to the other side, in the declaration, or in the article in the article or in the article, it is otherwise indicated that the patent has been applied for or granted, without, at the same time, the application or the patent The number, shall be obliged, upon request, to provide information without delay. Although it is not clear from the notification that a patent has been applied for or that a patent has been granted, but if it is likely to create such an impression, the person concerned shall, at the request of the person concerned, immediately indicate whether the patent has been applied for or whether it is Granted.
If someone violates the exclusive right (patent infringement) produced by the patent, the court may prohibit him from continuing or repeating the act.
If the infringement is committed intentionally, the perpetrator must be condemned, unless the offence is punishable. Article 2 of Chapter 49 of the Penal Code As a criminal offence within the meaning of On patent infringement Fine.
The prosecutor may not prosecute a patent infringement unless the plaintiff has declared it to be charged. (13/05/478)
Where a patent has been granted to a method for the manufacture of a new product, a similar product obtained without the consent of the holder of the patent shall be deemed to have been manufactured using the patented method, unless otherwise proven.
In order to protect his business secrets, the defendant shall take into account the legitimate interest of the defendant.
At the request of the patent proprietor, the Court of Justice may, at the request of the proprietor of a patent holder, order the holder of a transmitter, the server or any other service provider, or other intermediary service provider, to impose a suspension of The alleged use of a patent ( Suspension order ), unless it can be regarded as disproportionate, taking into account the rights of the alleged infringer, the intermediary and the patent holder.
Before bringing an action as referred to in Article 57 (1), the Court may, on application by the proprietor of a patent, issue a suspension order if the conditions laid down in paragraph 1 are fulfilled and, if it is clear that the rights of the patent holder are Would otherwise be seriously compromised. The court shall reserve both the person to whom the order has been applied for the alleged infringement of the patent, the opportunity to be heard. The notification to the person to whom an order has been requested may be submitted by post or by fax or e-mail. (31.1.2013/101)
The court or tribunal may, upon request, issue a suspension order referred to in paragraph 2 as a temporary violation of an alleged infringer, if the urgency of the case necessarily requires it. The order shall remain in force until further notice. After the issuing of the order, the alleged infringer shall without delay provide an opportunity to be heard. Once the alleged infringer has been heard, the court shall, without delay, decide whether to maintain or withdraw the order.
The suspension order issued pursuant to this Article shall not jeopardise the third right to send and receive messages. The suspension order shall enter into force when the applicant puts an end to the enforcement order (705/2007) in Chapter 8, Article 2 Of the guarantee. The possibility of release of the security is provided for In Section 7 of Chapter 7 of the Court of Justice; . The suspension order issued pursuant to paragraphs 2 or 3 shall lapse unless the action referred to in Article 57 (1) is brought before a court within one month of the adoption of the order. (31.1.2013/101)
The suspension order shall be replaced by the person to whom the order has been issued, as well as the damage caused to the alleged infringer, and the costs incurred, if the action referred to in Article 57 (1) is rejected, or Shall be dismissed as inadmissible or, as a result of the withdrawal of the case by the applicant, or the failure to appear before the Court. The same shall apply if the suspension order pursuant to paragraph 3 is withdrawn or lapse pursuant to paragraph 4. Compensation for damages and expenses shall be brought in accordance with In Article 12 of Chapter 7 of the Court of Justice; Provides.
Anyone who deliberately or negligently infringes the patent shall be obliged to pay reasonable compensation for the exploitation of the invention and compensation for any other damage caused by the infringement. If the production is only mild, the compensation may be adjusted.
When a patent infringement is neither intentional nor negligent, the infringer shall be obliged to pay compensation for the exploitation of the invention only to the extent that it is considered reasonable.
On the basis of a patent infringement, compensation may be claimed only for the last five years prior to the initiation of the action. The right to compensation for damage which has not been brought forward within a period of time has been lost.
In order to prevent further infringement, the court may, at the request of the victim of a patent infringement, order that a product protected by a patent, whether or not authorised by a patent holder, be subject to a patent protected by a patent. In the form of a patent infringement, shall be amended or recovered for the remainder of the patent period or disposed of, or, in the case of a product protected by a patent, to be handed over to the quarry against redemption. The above does not apply to a person who, in good faith, has received a so-called property or a special right to do so and has not infringed the patent itself.
The property referred to in paragraph 1 may be seized, when: Article 2 of Chapter 49 of the Penal Code Or Article 57 of this Act may be presumed to have occurred. In this case, the confiscation order shall be carried out in the form of (2006) . (12/01/863)
Notwithstanding the provisions of paragraph 1, the court may, where there are special reasons for it, to prescribe that the holder of the property referred to in paragraph 1 may manage the property for reasonable consideration and otherwise on reasonable terms The remaining patent time or part thereof.
If, after the submission of the application dossier, pursuant to Article 22 of the application, the application of a patent for a professional invention to which a patent has been applied shall apply mutatis mutandis, if the patent is subsequently granted. However, before the patent is granted under Article 20, patent protection only covers what is apparent from the patent requirements which, at the time of the application, were made public by the patent requirements of the patent itself. It is not possible to judge the penalty, and the compensation for such exploitation, which has taken place before the patent has been granted, may be imposed only in accordance with Article 58 (2).
If the explanation of the invention, the summary and the patent requirements have been drawn up in English, the protection referred to in paragraph 1 shall not be granted until the patent requirements have been submitted to the patent authority in Finnish or Swedish. (17,061/743)
The provisions of Article 58 (3) on compensation shall not apply if the claim for damages is lodged within one year of the end of the patent period or, if the claim has been made, within one year of the validity of the patent in force. Decision.
The Court may, in a dispute concerning an infringement of a patent, order the defendant to order the defendant to reimburse the costs incurred by the applicant in order to publish, as appropriate, information on the validity of the judgment, in which: The defendant has been found to have infringed the patent. Such a provision shall not be allowed where the dissemination of information is restricted by other law. When considering the issuing of an order and the content of the order, the court should take into account the general importance of the publication, the nature and extent of the infringement, the costs of the publication and the other considerations.
The court orders the maximum amount of reasonable publicity costs to be reimbursed by the defendant. The claimant shall not be entitled to compensation if the information on the judgment has not been published in the period prescribed by the court.
Where a patent has been revoked by a law enforcement decision or declared null and void, the penalty, compensation or other penalty provided for in Articles 57, 57 (a), 57 (b), 58 to 60 and 60 a cannot be condemned. (21.7.2006/684)
Paragraph 2 has been repealed by L 31.1.2013/101 ,
The Court may at the discretion of the Court of In Article 1 of Chapter 24 of the Court of Justice, , a decision in the main proceedings before a court before the expiry of the patent period after the grant of the patent has expired or before the claim has been lodged It's a final decision. (21.3.1997/2)
Anyone who is deliberately or negligent, who is not small, fails to fulfil what he is obliged to do under Article 56 is punished by a fine.
The same punishment must also be condemned by the person who, in the cases referred to in the article, gives false information, unless the offence is punishable by criminal law.
The prosecutor may not prosecute a criminal offence within the meaning of this Article unless the plaintiff has declared the offence to be committed. (13/05/478)
The holder of a patent, or the right to use or expropriate the invention, may pursue a confirmatory application as to whether, on the basis of a patent, he enjoys protection against another if there is a lack of clarity and the reasons for it Harm.
Anyone who carries out or intends to engage in an industrial activity may, under the same conditions, pursue a confirmatory application against the patent holder as to whether the patent constitutes an obstacle to the said activity.
Paragraph 3 has been repealed by L 31.1.2013/101 .
§ 64 has been repealed by L 31.1.2013/101 .
The dispute and application cases under this law are dealt with in market law.
Market law also deals with matters relating to the right to an invention applied for by the European patent within the meaning of the European Patent Convention (epc). A precondition for dealing with such a case in market law is that the defendant is domiciled in Finland or that the applicant is domiciled in Finland and is not domiciled in the State of the European Patent Convention. It shall also be dealt with in market law if the parties to the dispute have agreed that the market law is the competent court in the matter.
The dispute referred to in paragraph 2 shall not be admissible in market law if the same dispute between the same parties is pending before the courts of the other Member State of the European Patent Convention. Where the jurisdiction of this foreign court is contested, the market law shall defer the proceedings until the question of jurisdiction has been settled by law in a foreign court.
The international competence of market law shall otherwise be regulated or otherwise specified.
The processing of disputes and application cases in market law is governed by the law on the conduct of the court.
The judgment in the dispute referred to in Article 65 (2) of the European Patent Convention before the Court of the European Patent Convention is enforceable in Finland. However, the judgment against the applicant for a European patent shall not be enforceable in Finland if the document instituting the proceedings has not been properly served or has not had sufficient time to prepare for court proceedings.
In a dispute based on this law, the Court may, if the patent publication is not available in its entirety from the patent authority in Finnish or Swedish, oblige the holder of the patent or any other right derived from the patent-holder to use Speaking power under the patent, to submit a translation of the patent into Finnish or Swedish. Where the obligation to provide a translation is in the position of the applicant, the court may order that the translation be lodged at the risk of leaving the case. Where the obligation to provide a translation is in fact the defendant, the court may order the translation of the translation at the risk of a translation at the defendant's expense.
If the interpretation of the invention and the patent requirements are written in English and the translation does not correspond to the English-language documents, the patent protection shall be understood only as a result of both the translation and the English documents.
If the explanation of the invention and the patent requirements are drawn up in English and the language of the decision is English, the invalidity proceedings referred to in Article 52 shall consist exclusively of the authentic wording of the documents in the language of the decision.
The charge of criminal law (39/1889) in Chapter 49, Article 2 And the criminal offence referred to in Article 57 (2) of this Act and the offence referred to in Article 57 (2) shall be dealt with by the Helsinki District Court.
In the case of a charge referred to in paragraph 1, the claim for compensation in accordance with Article 58 and the requirement of Article 59, as provided for in Article 65, may be treated as a result of the criminal offence referred to in paragraph 1.
The court or tribunal shall remain competent to examine the requirement referred to in paragraph 2, even if, in the circumstances of the establishment of the powers, a change occurs after the request has been made.
In the case referred to in Article 66, the Court may, if the patent publication is not fully available from the patent authority in Finnish or Swedish, order the plaintiff to provide a translation of the patent in Finnish or In Swedish. In the case of a criminal case brought by the prosecutor, in which the plaintiff exercises the power of speech, the court may oblige the translation to be carried out at the risk of a translation at the expense of the plaintiff. In the case of a criminal case brought by the plaintiff alone, the court may oblige the translation to be carried out at the risk of leaving the case.
The Court of Justice, referred to in Article 66, shall apply to the patent authority for an opinion on the application of Article 22 of Chapter 4 of the Law on the Rights of the Child on the right of market law to ask for an opinion.
In considering the matter referred to in Article 66, the District Court may be assisted by a maximum of two of the (99/2013) The expert referred to in paragraph 2.
The expert shall issue a written opinion on the questions raised by the district court. The expert shall have the right to question the parties and witnesses. Before a decision is taken, the district court shall provide the parties with the opportunity to rule on the expert's opinion.
The remuneration of the expert is governed by Article 37 of the Law on Market Law, which provides for the remuneration of a member of the expert.
The Court of Justice's duty to inform the patent authority of a decision referred to in Article 66 shall be subject to the application of Article 23 of Chapter 4 of the Law on the Law of the Law on the Rights of the Child. Notify the solution.
Articles 67 to 70 have been repealed by L 31.1.2013/101 .
Supplementary protection certificates are provided for in Regulation (EC) No 469/2009 of the European Parliament and of the Council on the supplementary protection certificate for medicinal products and the European Parliament and the Council concerning the introduction of a supplementary protection certificate for plant protection products Regulation (EC) No 1610/96. In addition, supplementary protection certificates are valid for the purposes of this Chapter.
An application for a supplementary protection certificate and an extension of the supplementary protection certificate for medicinal products shall be submitted to the Patents and Registration Board.
The applicant shall be obliged to make an established application fee. The supplementary protection certificate shall be paid by the holder of the certificate for an annual fee.
The application for the extension of the supplementary protection certificate for medicinal products and the supplementary protection certificate extended on the basis of the application shall be subject to the provisions of paragraph 1.
The infringement of the right to a supplementary protection certificate shall be subject to the provisions on patent infringement.
The decree of the Council of State may provide for more detailed provisions on the implementation of the provisions of this Chapter and on the procedure for applying and granting a supplementary protection certificate and its extension.
The European patent means the patent that the European Patent Office has granted in accordance with the European Patent Convention. An application for a European patent means an application for patents made in accordance with that agreement. A European patent may be granted for Finland.
An application for a European patent shall be submitted to the European Patent Office. This application may also be submitted to the Finnish Patent Office, which will forward it to the European Patent Office. Law on inventions of relevance to defence (1) , the application for a European patent shall be lodged with the Finnish patent authority. A shared application for a European patent within the meaning of Article 76 of the European Patent Convention must always be submitted to the European Patent Office.
The provisions of this Chapter shall apply to the application for a European patent and a European patent, where Finland has been designated as a state of protection.
A European patent has been granted after the European Patent Office has issued a patent. The European patent for Finland has the same legal effect as the patent granted by the Finnish Patent Office and applies to the patent in Finland, unless otherwise provided for in this Chapter.
The European patent shall not have a legal effect in Finland, unless the patent holder, within three months of the date on which the European Patent Office issued a European patent, has issued a patent authority within the meaning of A translation of the European patent and a certified translation fee. If the European Patent Office has decided that the European patent is to be maintained in a modified form, the above also applies to documents in a modified form.
Patent requirements must be translated into Finnish. If the patent has been granted in German or French, the patent will provide a translation into Finnish or English. The layout of the patent may always be accompanied by a translation of the Finnish language. If the patent holder's own language is Swedish, the above translations may be Swedish.
The translation shall be public, provided that the European Patent Office has published an application for a European patent or has issued a patent.
If the translation has been issued and the translation of the translation payment has been made within the prescribed period and the European Patent Office has issued a patent or a decision to keep the patent in force in a modified form, the patent authority shall immediately alert: Finnish and Swedish. The patent authority shall, as soon as possible, make the translation available to the public. The patent authority shall ensure that the patent requirements of the European patent are available in Finnish and Swedish where appropriate.
In accordance with Article 770h (1) and the publication fee for translation, Article 71a (1) shall apply mutatis mutandis. If, pursuant to Article 71a (1), it is decided that the measure is to be deemed to have been completed within the time limit, the patent authority shall immediately inform the Finnish and Swedish.
If, after the expiry of the period laid down in Article 70h (1), the publication of an alert pursuant to paragraph 1 above, in good faith, has begun to use, in good faith, an invention in this country or has taken essential measures in this regard. , he receives the right under Article 71c (2) and (3).
Article 52 (1) (4) provides for the extension of patent protection, including the European patent, if patent protection has been extended after the grant of the European patent.
If the European Patent Office has wholly or partially repealed the European patent, this will have the same effect as declaring a patent to a similar extent in Finland. The Finnish patent authority shall immediately announce this in Finnish and Swedish.
The European patent shall be subject to a fixed annual fee for each payment year after the year within which the European Patent Office has issued a patent.
In the absence of an annual fee for the European patent pursuant to paragraph 1 and Article 41, the provisions of Article 51 shall apply accordingly. However, the first annual fee is payable only on the last day of the third month following the month of issue of the patent. (18/11/0896)
The application for a European patent, which has been confirmed by the European Patent Office, will have the same legal effect in Finland as in the national patent application lodged on the same day in Finland. If, under the European Patent Convention, the application is a privilege from a previous day, such a privilege shall also be valid in Finland.
For the purposes of Article 2 (2), the publication in accordance with Article 93 of the European Patent Convention shall be assimilated to the public revenue of the application under Article 22. The above also applies to publication in accordance with Article 153 (3) of the European Patent Convention if the European Patent Office equates such publication with the publication of Article 93.
If the application for a European patent has been published in accordance with Article 93 of the European Patent Convention and the Finnish translation of the patent requirements published has been given to the patent authority, the patent authority shall keep the translation available to the public And announce this without delay in Finnish and Swedish. However, if the applicant's own language is Swedish, the translation may be issued in Swedish. The patent authority shall ensure that the published patent requirements are available in Finnish and Swedish if necessary.
Where, after publication of the alert referred to in paragraph 1, a professional invention for which an application for protection has been sought by an application for a European patent has been published, the provisions on the infringement shall apply if the application leads to Patent in Finland. In such a case, however, patent protection only covers what is apparent from both the patent requirements published under paragraph 1 and the patent requirements of the patent itself. It is not possible to judge the sentence and the compensation for such exploitation can only be imposed in accordance with Article 58 (2). (18/11/0896)
The provisions of Article 58 (3) shall not apply where the claim for compensation is lodged within one year of the end of the alleged period of opposition or, if the claim is made, if the claim is made within one year of the decision of the European Patent Office, That the patent is maintained.
If the application for a European patent or the designation of Finland is withdrawn, it shall have the same effect as the withdrawal of the national patent application. The same applies to the situation in which an application under the European Patent Convention is deemed to be cancelled and has not been reopened in accordance with Article 121 of the Agreement.
If the application for a European patent is rejected, it will have the same effect as rejecting a national patent application.
In the case of a European patent based on this law, the court may, if the patent publication is not available in full from the patent authority in Finnish or in Swedish, requires the holder of the patent or any other person The right derived from the patent holder to exercise the power of speech under the patent, to submit a translation of the patent into Finnish or Swedish. Where the obligation to provide a translation is in the position of the applicant, the court may order that the translation be lodged at the risk of leaving the case. Where the obligation to provide a translation is in fact the defendant, the court may order the translation of the translation at the risk of a translation at the defendant's expense. (31.1.2013/101)
In the case of the European patent referred to in Article 66, the Court may, if the patent publication is not fully available from the Patent Office in Finnish or Swedish, oblige the plaintiff to submit a patent publication Translation into Finnish or Swedish. In the case of a criminal case brought by the prosecutor, in which the plaintiff exercises the power of speech, the court may oblige the translation to be carried out at the risk of a translation at the expense of the plaintiff. In the case of a criminal case brought by the plaintiff alone, the court may oblige the translation to be carried out at the risk of leaving the case. (31.1.2013/101)
Unless the translation referred to in Articles 70 h and 70 n corresponds to what is stated in the documents in the language of the European Patent Office, the patent protection shall be limited to the translation and the documents in the language of the proceedings.
In the case of the invalidity proceedings referred to in Article 52, the wording of the documents in the language of the proceedings shall be authentic.
If the applicant or the patent holder provides the patent authority with a translation in accordance with Article 70h and carries out a fixed publication fee, the corrected translation will replace the original translation. When the correction is made and the publication fee is paid, and if the original translation is made public, the patent authority shall, as soon as possible, be alerted by the patent authority in Finnish and Swedish, as soon as possible, Copies.
If the applicant submits a translation of the translation referred to in Article 70 n, the patent authority shall, without delay, announce the correction in Finnish and Swedish and keep the corrected translation available to the public. After the alert, the corrected translation will replace the original translation.
If, at the time of the entry into force of the translation, good faith has begun to use the invention professionally in this country in a manner which, in accordance with the previous translation, did not result in an infringement of the right of the applicant or of the patent holder, Or had taken relevant measures for that purpose, he obtained the right under Article 71c (2) and (3).
If the patent applicant or the patent holder has failed to comply with the deadline laid down in the European Patent Convention, but the European Patent Office under Article 122 of the European Patent Convention declares that there has been no loss of justice, it shall: The same effect in Finland.
If, after the event of the loss of justice, but before the European Patent Office has issued a declaration under paragraph 1, it has begun in good faith to use the invention in good faith in this country or have taken substantial In order to do so, he shall have the right under Article 71c (2) and (3).
If the application for a European patent is to be deemed to have been withdrawn from the national patent authority which has received the application within the prescribed period, it shall, at the request of the applicant, be modified A national patent application, provided that:
(1) the request shall be made to the requested authority within three months of the notification by the European Patent Office to the applicant that the application is deemed to have been withdrawn;
(2) the request shall reach the Finnish Patent Authority within 20 months of the date of submission of the application or the privilege, on request, from the date on which the privilege is requested; and
(3) the applicant shall make the application fee provided for and issue a patent application within the time limit laid down in Article 8 (5).
If an application for a European patent is to be deemed to have been withdrawn as a result of the fact that the translation of the application in its processing language has not been given to the European Patent Office within the prescribed period, it shall, at the request of the applicant, be converted into national In accordance with the provisions of Article 135 of the European Patent Convention. In addition, the applicant shall make the application fee provided for and issue a translation within the time limit laid down in Article 8 (5) of the patent application. (18/11/0896)
Where the patent application referred to in paragraphs 1 and 2 complies with the requirements for the form of an application for a European Patent Convention and its application rules, it shall be accepted in that regard.
The request for a restriction or suspension of the European patent concluded in accordance with Article 105a of the European Patent Convention shall be made to the European Patent Office.
Where a patent has been issued by the European Patent Office, the patent holder shall, within the time limit laid down by the Council Regulation, issue a translation to the patent authority of the documents justifying the restriction of the patent. The language in which the original patent has been brought into force in Finland and to carry out the certified translation fee as specified by the Government Decree. The patent authority shall promptly announce this in Finnish and Swedish and keep copies of the translation available to the public. The Patent Authority shall ensure that the limited patent requirements of the European patent are available in Finnish and Swedish where appropriate.
If the patent holder does not comply with the provisions of paragraph 2, the patent shall be deemed to have no legal effect in Finland from the date of application of the patent application. The patent authority must announce the repeal of the patent.
When the European Patent Office has announced the abolition of the patent, the patent authority must announce the abolition of the patent.
The restriction or suspension of a patent by the European Patent Office will have the same legal effect in this country as a nationally restricted or closed patent, unless otherwise provided for in this Chapter.
If, in good faith, someone has begun to use the invention professionally in that country or have taken the relevant measures to that effect, after the decision of the Board of Appeal of the European Patent Office, but before the European Patent Office The publication of a decision on the request for a review of the Board of Appeal of the Board of Appeal, notwithstanding the fact that, notwithstanding the patent, he may continue to be exploited by maintaining the general character of the former.
The right referred to in paragraph 1 may be transferred to another person only with the movement in which it was born or where exploitation is intended to take place.
A patent-holder who does not have a seat in Finland shall be an agent resident in the European Economic Area, who shall be entitled, on his behalf, to take on the challenge of service, invitations and other documents on patent matters, with the exception of: The criminal proceedings and the order in which the party is required to appear in person. The client must be entered in the patent register. (30.06.2000)
Where the patent holder does not have an agent referred to in paragraph 1, service may be effected by sending a document to him by mail registered at his address in the patent register. If no address is entered in the register, service may be effected by means of an alert in the patent. The notification shall be deemed to have taken place once the abovementioned measures have been taken. (21.3.1997/2)
The Regulation may, subject to reciprocity, provide that the provisions of paragraphs 1 and 2 shall not apply to a patent-holder domiciled in a particular foreign country or resident in that State and in that country in the patent register. Indicated by an agent with the powers referred to in paragraph 1.
If the claim decision has not been served on the addressee of the claim to the address, service can be effected by alerting the patent. The notification shall be deemed to have taken place once the above measures have been taken. (21.3.1997/2)
Where a patent applicant or a patent proprietor has suffered a loss of justice in a case other than that referred to in paragraph 2, on the grounds that he has not carried out the measure within the time limit laid down by law or by that law, but He has acted as carefully as circumstances require a time limit, and if he or she performs a measure within two months of the end of the barrier, but no later than one year after the expiry of that period, the patent authority Note that the measure must be deemed to have been completed within the time limits . If the patent applicant or the patent holder wishes to obtain such a solution, he shall submit to the patent authority a written proposal for the execution of the measure within the prescribed period and a fixed fee.
Where the applicant for a patent has suffered a loss in respect of the time limit laid down in Article 6 (1), the provisions of paragraph 1 of this Article shall apply, however, for the submission of a submission and the payment of a fixed fee at the latest two months After the deadline laid down in Article 6 (1).
In the case of an international patent application, which has been extended in Finland, paragraphs 1 and 2 shall also apply in the case of a time limit which should have been complied with in the host authority, the International Monetary Authority, the international Or the International Bureau of the World Intellectual Property Organisation. Such a measure shall then be carried out in the case of a patent authority.
However, the presentation made in accordance with paragraphs 1, 2 or 3 shall not be rejected or inadmissible before the patent applicant or the patent holder has been given the opportunity to make a statement in the matter issued by the The deadline.
Where, in the case referred to in Article 31 or Article 38, the document sent by post or the payment has not become available to the Patents Authority within the time prescribed, but the measure referred to by the consignment shall be carried out within two months of the date on which the applicant identified or Should have observed that the time limit has been exceeded, but no later than one year after the expiry of the time limit, the patent authority shall state that the measure is to be deemed to have been completed within the time limit if: (105,1985/387)
(1) in the postal context, there has been a breach of one of the ten days preceding the expiry of the deadline, the war, the revolution, the riot, the strike, the strike, the natural disaster or any other such excuse in the place where the consignor Stay or engage in movement, and if the document or payment has been sent to the Patents Authority within five days of the return of the postal services; or
(2) the document or payment has been sent by registered post no later than five days before the expiry of the time limit, but only when the consignment has been dispatched in the air mail if it has been possible or otherwise, if the consignor has: It was reasonable to assume that it was then sent to the patent authority within two days from the date of dispatch.
If the applicant wishes to obtain a solution in accordance with paragraph 1, he shall submit a written submission to the patent authority within the period prescribed for the execution of the measure.
If the motion in accordance with Article 71a or 7b has been adopted, the patent application lodged, in accordance with Article 22, submitted in accordance with Article 22, which has been lodged or rejected, or the expiry of the patent shall be deemed to have been reinstated, shall: This should be included.
Who, in good faith, has begun to use the invention professionally in this country after the expiry of the time limit for the reprocessing of the application submitted to it or the decision to dismiss the law or patent, But prior to the publication of the alert, the patent shall not prejudice the continuation of the exploitation by maintaining the general character of the former. This right of exploitation is also under comparable conditions by the person who has taken the essential steps to exploit the invention in this country.
The right referred to in paragraph 2 may be transferred to another person only with the movement in which it was born or where exploitation is intended to take place.
The final decision pursuant to Article 26 and Article 42, Article 53a (2), Article 53d (1), Article 54 (1) and the decision referred to in Article 71 (1) and Articles 71a and 7b of the Patenting Authority under this law shall be appealed against By appealing to market law as provided for in the Act on the Government of the Patent and Registration.
Processing by market law of the complaint referred to in paragraph 1 shall be governed by the law of the market law.
The fees charged under this Act shall be laid down separately. Annual fees may then be provided that one or more of the first payment years are free of charge.
More detailed provisions on patent application, the alert in patent cases, the printing of application documents, the opposition procedure, the procedure for restricting the patent authority, the abolition of the patent, the patent register and its maintenance, and The patent authority is issued by a decree of the Government.
A decree of the Council of State may provide that, at the request of another State authority, the patent authority may, at the request of another State authority, provide that information on the processing of patent applications made here and that another State authority or international institution may: The patent authority's proposal to carry out the examination of patent applications.
The Government Decree may also provide that the person applying for a patent for the invention to which he has applied for a patent in another State or an international organisation is obliged to report on what its State authority or He has been informed by the international organisation about the study of the patentability of the invention. Such an explanation cannot, however, be required for a patent application under Chapter 3 which has been the subject of an examination of international patentability and which has been submitted to the patent authority for the purposes of the patentability research report.
The Patent Authority may issue more specific technical provisions on patent application, on the claim, on the limitation of the patent in the patent authority and on the abolition of the patent, as well as on the processing of the patent and other technical issues comparable to them. (31.1.2013/101)
While the country is in a state of war or in the face of a threat of war, the State Council may order, from a general point of view, it is considered necessary that the right to a specific invention must be handed over to the State or to any other person whose government is determined by the Council. Thus, reasonable compensation must be paid for the right to invention. If compensation is not agreed with the right to compensation, it shall be determined.
If, in accordance with the provision referred to in paragraph 1, a State other than the State has acquired the right to an invention and if this does not fulfil its obligation to pay compensation, the State shall be obliged to pay compensation immediately upon application.
Inventions that are relevant to the defence of land are laid down separately.
1. This Act shall enter into force on 1 January 1968. It repeals the patent law of 7 May 1943 (13,29) . However, until otherwise specified by the Regulation, the patent cannot be granted on the product itself, but only in its method of manufacture, provided that the invention concerns food or medicinal products.
Before the entry into force of this Act, the Regulation may lay down provisions necessary for the entry into force of the law.
2. The law shall also apply to patents granted before or before the entry into force of the law, subject to the provisions set out below.
The provisions of the law do not constitute an amendment to the law, which was established by Article 2 of the previous law.
(3) The previous law must be applicable to the annulment of a patent granted under the law, and before the date of entry into force of this Act, and to the right to initiate the procedure referred to in Actions.
4. The fact that, when the law came into force in this country, used an invention which, according to the former law, could not be granted for a patent, or had taken the necessary measures for that purpose, is without prejudice to the invention of the invention Since then, a patent is granted, the right referred to in Article 4, even if he or she has taken advantage of the abuse or has taken the relevant measures only after the application was made.
5. If an invention prior to the entry into force of this Act has become public and has been the result of the measures taken by the applicant or the person from whom he is entitled, and where the patent application was made before 1 July 1968, the Articles 14 and 15 and Article 18 of the Act, as referred to in the Act of 20 October 1950, when the question is settled whether the measure constitutes a barrier to the grant of a patent or whether a patent is declared void. (29.12.1967/653)
6. The application of a patent pending before the entry into force of this Act must be dealt with and settled by an earlier law, if the patent authority before the entry into force of the law has decided on the inclusion of an alert within the meaning of Article 47 of the previous law.
7. Prior to the entry into force of this law, an application for patents is not public according to Article 22 of the law before 1 July 1968, unless the application is made publicly available before it or the applicant requests that the application be made public. (29.12.1967/653)
8. Before 1 July 1968, the patent year starting from 1 July 1968 shall be subject to the prior law. (29.12.1967/653)
9. The previous law expressly provides for an additional patent, in spite of the provisions of Article 7 (2) (2) and (3) and Article 41 (2) of this new law, applicable to additional patents granted before the law enters into force.
10. In a patent case which has been asked for a challenge before the entry into force of this Act, the legal and judicial proceedings shall be governed by the provisions of the previous law. (29.12.1967/653)
This Act shall enter into force on 1 August 1971.
This Act shall enter into force on the date of the Regulation.
Before the entry into force of this law, the regulation may lay down provisions necessary for the enforcement of the law.
Subject to articles 4 to 7, pending the entry into force of this Act, the patent application pending shall be dealt with and settled in accordance with the provisions of this Act.
A patent application which before the entry into force of this Act has been accepted for public access and before the entry into force of this Act, the application for a further patent shall be processed and resolved before the entry into force of this Act. A patent application made before the entry into force of this Act may also be converted into an additional patent application in accordance with the provisions in force before the entry into force of the law.
The provisions of this Act concerning the obligation to provide a summary and Article 20 of this Act shall not apply to an application pending at the date of entry into force of this Act.
However, until otherwise specified by the Regulation, the patent shall not be granted on the product itself, but only in the method of manufacture, when the invention concerns food or medicinal products.
The second sentence of Article 8 (2) applies only to a patent application made after the entry into force of this law.
The provisions of this Act shall also apply to patents granted before or before the entry into force of the law, subject to articles 9 to 13.
The period of validity of a patent granted on the basis of a patent application made earlier than twelve years before the date of entry into force of this Act shall be determined before the entry into force of this Law.
If, before the entry into force of this law, the patent has expired pursuant to Article 51 (1), Article 51 (2) and (3), and the second sentence of Article 55 in force before the entry into force of this Act, shall continue to apply.
A patent granted before the entry into force of this law before the entry into force of this Act shall be subject to Article 60 in force before the entry into force of this Act.
Additional patents granted before the entry into force of this Act or granted in accordance with paragraph 4 shall be subject to the provisions in force before the entry into force of this Act.
The question of the annulment of a patent granted or granted in accordance with the provisions in force before the entry into force of this Act shall be decided on the basis of the provisions referred to.
This Act shall enter into force on the date of the Regulation.
Articles 8, 22 and 56 of this Act concerning the storage of micro-organism cultures and Article 8a shall not apply to patent applications made before the entry into force of this Act.
The provisions on the annual fee for patent applications shall not apply to patent applications made before the entry into force of this Act. Patents issued or issued on the basis of such applications shall be subject to the provisions of the patent on the annual fee applicable at the time of entry into force of this Act. However, the annual payments due under the provisions in force on the first day of the patent year are due to take place on the last day of the calendar month in which the patent year begins.
In the case of patent applications made before the entry into force of this Act, the requirement referred to in Article 14 may be submitted within two years from the date of entry into force of this Act.
However, until otherwise specified by the Regulation, the patent shall not be granted on the product itself, but only in the method of manufacture, when the invention concerns food or medicinal products.
HE 230/84, lvhms. 2/85, svk.M. 18 /85
This Act shall enter into force on the date of the Regulation.
L 801/1991 Entered into force on 1 January 1992.
HE 232/90, second Ivhms. 20/90, svk.M. 330/90
This Act shall enter into force at the time laid down by the Regulation.
THEY 215/92 , TaVM 46/92
This Act shall enter into force at the time laid down by the Regulation. Before the entry into force of this Act, measures may be taken to implement it.
L 593/1994 Entered into force on 1 July 1994.
THEY 103/94 , TaVM 23/94, Decision of the EEA Joint Committee of 21 April 1994 Annex 15. Annex XVII to the EEA Agreement: Council Regulation (EEC) No 1768/92
This Act shall enter into force on 1 September 1995.
THEY 94/93 , LaVM 22/94, SuVM 10/94
This Act shall enter into force at the time laid down by the Regulation. However, Article 6 (1), Article 45 (1), Articles 49 and 57a shall enter into force on 1 January 1996.
THEY 161/95 , TaVM 29/95, EV
This Act shall enter into force on 1 April 1997.
A patent application which before the entry into force of this Act has been accepted for public attention shall be examined and resolved before the entry into force of this Act.
The patent application made before the entry into force of this Act shall be governed by Article 14 of the patent law.
THEY 254/1996 TaVM 1/1997, EV 6/1997
This Act shall enter into force on 15 July 2000.
Articles 3b and 46a of this Act shall apply to the patent application and the patent granted after the entry into force of this Act.
THEY 21/2000 , TaVM 12/2000, EV 61/2000
The entry into force of this Act shall be governed by a presidential decree.
In this way, the provisions of Article 22 (1) of the Patent Cooperation Agreement of 3 October 2001 in Geneva (SopS 58/1980), as a law, shall be brought into force by law in accordance with the provisions of Article 22 (1) of the Treaty.
The law shall also apply to extended international applications for which a period of 20 months from the date of the date of entry into force or after the date of entry into force of the law and for which the applicant has not continued the international On the application for Finland.
THEY 139/2004 , 16/2004, EV 131/2004
1. The entry into force of this Act is laid down by a decree of the Government.
2. Before the entry into force of this Act, the Decree of the Council of Ministers may lay down the provisions necessary for the enforcement of the law.
3. The provisions of this Act shall apply to patent applications and patents granted pending the entry into force of this Act and to patents granted before the entry into force of this Act, subject to the provisions of paragraphs 4 to 9 Is.
Article 2 (5) of this Law shall not apply to patents granted before the date of entry into force of this Act, and not to patent applications pending at the date of entry into force of this Law, provided that the applicant has been notified in accordance with Article 19 (1) Before the entry into force of this Act.
(5) Articles 8b and 8c of this Act shall apply to a patent application that has been or shall be deemed to have been made on the date of or after the date of entry into force of this Law.
6. Article 41 (2) and Article 70 l (2) of this Law shall apply to an annual payment due to or after the entry into force of this Act.
7. The provisions of Article 60 (2) shall apply only to a final decision taken after the entry into force of this law.
8. If a period of six months has elapsed before the date of entry into force of this Act, Article 71a (2), which entered into force on the date of entry into force of this Act, shall continue to apply.
9. Article 71a (2) of this Law shall apply to a patent application pending at the date of entry into force of this Act, unless the time limit for the restoration of justice has been completed.
THEY 92/2005 , TaVM 14/2005 EV 115/2005
This Act shall enter into force on 1 May 2006.
THEY 225/2005 , TaVM 2/2006, EV 14/2006, European Parliament and Council Directive 2001 /82/EC (32001L0082); OJ L 311, 28.11.2001, p. 1, Directive 2001 /83/EC of the European Parliament and of the Council (32001L0083); OJ L 311, 28.11.2001, p. Directive 2004 /27/EC of the European Parliament and of the Council (32004L0027); OJ L 136, 30.4.2004, p. Directive 2004 /28/EC of the European Parliament and of the Council (32004L0028); OJ L 136, 30.4.2004, p. 58
This Act shall enter into force on 1 September 2006.
Articles 57b and 61 of this Law shall also apply to a dispute brought before the entry into force of this Act. For the purposes of Article 61, the application of Article 60a shall, however, apply to the application of Article 60a (3).
The proceedings brought before the entry into force of this Act shall be subject to the provisions in force at the time of entry into force of this Act, instead of Article 60a of this Act.
THEY 26/2006 , LaVM 6/2006, EV 67/2006
This Act shall enter into force on 1 December 2010.
THEY 102/2009 , LaVM 2/2010, EV 21/2010
This Act shall enter into force on 1 December 2010.
THEY 75/2010 , TaVM 17/2010, EV 136/2010
This Act shall enter into force on 17 May 2011.
THEY 286/2010 , LaVM 34/2010, EV 311/2010
1. This Act shall enter into force at the time of the Council Regulation.
This law is valid for A 1096/2011 As from 1 November 2011.
2. The provisions of Section 7a of this Act shall apply to the application for a patent which has been or shall be deemed to have been made on the date of or after the date of entry into force of this Law.
3. The provisions of this Act concerning the application for a patent application in the English language and the adoption of decisions concerning the patent authority's patent application in English shall apply to a patent application which has been or shall be deemed to have been made Or after the date of entry into force of this Law.
4. The provision on the payment of Article 24 (1) of this Law shall apply to a claim made against a patent granted on or after the date of entry into force of this Act.
(5) Article 70c (2) of this Act shall apply where an application for an extension of the period of validity of a supplementary protection certificate has been made on or after the date of entry into force of this Act.
6. Before the entry into force of the law, measures may be taken to implement the law.
THEY 175/2010 , TaVM 51/2010, EV 359/2010
This Act shall enter into force on 1 January 2014.
THEY 222/2010 , LaVM 44/2010 EV 374/2010
This Regulation shall enter into force on 1 November 2011.
This Act shall enter into force on 1 September 2013.
The decision of the Patent Authority concluded before the entry into force of this Act shall be brought in accordance with the provisions in force at the time of entry into force of this Act.
The dispute, application and criminal proceedings brought before the District Court before the entry into force of this Act shall be treated in accordance with the provisions in force at the time of entry into force of this Act.
Before the law enters into force, action can be taken to enforce the law.
THEY 124/2012 , LaVM 15/2012, EV 158/2012
