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See the copyright notice Conditions of use .
The presentation of the Minister for Foreign Affairs of the Ministry of Trade and Industry is governed by the patent law of 15 December 1967. (50/50) Pursuant to:
The Finnish patent application is made to the Patent and Registration Board (Patent Office).
An international patent application consisting of Finland shall be made to an authority or an international organisation which, according to the terms of the Patent Cooperation Agreement (SopS 58/1980) and its application rules, is the competent authority. The Agency as the host authority is provided for in Articles 45 to 50 and 51a. (27.10.2011/1097)
The provisions relating to the application of this Regulation shall apply, unless otherwise specified, only;
1) a Finnish patent application;
(2) an international patent application which has been extended in respect of Finland under Article 31 of the Patents Act or is admissible under Article 38 of the same law; and
3) an application for a European patent that has been converted into a national patent application according to Article 70 s of the Patents Act.
(15.2.1996/104)The Finnish patent application must contain a statement ( Application book ) The Annexes.
The application book shall be signed by the applicant or his agent and shall include:
(1) the name, domicile and address of the applicant and, where the applicant is represented by an agent, including his name, domicile and address;
(2) Name and address of the inventor;
(3) the short and correct designation of an invention as referred to in the patent application;
(4) if a number of persons jointly apply for a patent, an indication of who is entitled or, if the applicants are using the Ombudsman, whom they jointly authorised to take on behalf of all the patent offices;
(5) if the application includes a statement of the biological material in accordance with Article 8a of the patent law;
(6) the notification of the annexes to the application book; (27.10.2011/1097)
(7) if the applicant wishes to adopt decisions on the application in the English language, a request to that effect. (27.10.2011/1097)
The application book shall be accompanied by:
(1) the explanation of the invention and the relevant drawing, patent requirements and a summary of the invention;
2) if the applicant is not an inventor or has not made an invention on his own, a statement proving the applicant's right to invention.
The representative representative of the applicant shall demonstrate his mandate, unless the agent is authorised in the application book.
When the application is made, a fixed application fee shall be paid.
If the document is not drawn up in accordance with Article 8 (5) of the patent law, the applicant shall also issue a translation into the Finnish, Swedish or English versions of the patent office. In the case of a document other than an explanation, a summary or a patent claim, and when it is a question of an explanation of a Finnish patent application or a text of patent requirements which is not included in Article 21 (1) For basic documents, the Patent Office may, however, not require a translation or accept a translation into a language other than Finnish or Swedish.
Paragraph 4 has been repealed by A 18.7.2013/580 .
In order to obtain an extract from the novelty study referred to in Article 9 of the Patents Act, the applicant shall, in writing, request it from the patent authority and complete the fee set by the investigating authority within three months from the date on which the application was made. Or must be deemed to have been carried out. Where a patent application has not been drawn up in a language approved by a research authority, the request shall be accompanied by a translation of the application into the language prescribed by the patent authority.
Where several authorities may enter into question the study referred to in paragraph 1, and the applicant wishes to determine which of these shall carry out the investigation, he shall, in his request, mention this authority.
The request shall be deemed to be withdrawn unless the patent application and the translation at the end of the period provided for in paragraph 1 fulfil the formal requirements for an international patent application.
The Patent Office is a patent application, the date of which the application has arrived at the Office.
Articles 7 to 8 have been repealed by A 27.10.2011/1097 .
If a notification is made that the invention for which a patent has been applied has passed to another, this shall be entered in the logbook only if the transfer is established.
In order to benefit from the privileges referred to in Article 6 of the patent law, the applicant shall, in writing, request the right of benefit in writing within 16 months from the date of submission of the application notified. At the same time, when the privilege is requested, it is necessary to indicate where and when the notified application has been made and, as soon as possible, its number. The applicant may, within the prescribed period and under the same conditions, increase the request for a benefit or remedy the request. If an increase or correction is caused by the date of the benefit of the change, the notification may be made within 16 months either from the original interest date or from the date of the change of interest, whichever is the first of the 16 months. If the period of 16 months has elapsed, but four months have not elapsed since the date of submission of the application, the applicant may make a declaration during these four months.
In the case of an international patent application, the privilege shall be requested in the application. In this case, the applicant shall indicate where and when the application has been made as well as its number. However, the applicant may increase the benefit request or rectify the request by informing the receiving authority or the International Bureau of the World Intellectual Property Organisation within 16 months of the date of the advance. If an increase or correction is caused by the date of the benefit of the change, the notification may be made within 16 months either from the original interest date or from the date of the change of interest, whichever is the first of the 16 months. If the period of 16 months has elapsed, but four months have elapsed from the International Day of the International Day, the applicant may make a declaration during these four months.
However, the prior request referred to in paragraphs 1 and 2 may not be increased or corrected after the application has been made public.
If the application is subdivided according to Article 22, the application for the privilege of the application shall be valid without further request, including a new application, in respect of the requested application.
The applicant shall, within a period of 16 months from the date on which the privilege is requested, submit to the Agency a certificate issued by the requested authority on the date of the application and the name of the applicant And a copy of the application certified by that authority. A copy shall be issued in the form prescribed by the patent authority. However, in the case of an international patent application, the Certificate shall be issued only after an interim decision on this issue by the Patent Office. With regard to such an application, in accordance with Regulation 17 (1) of the Patent Cooperation Agreement, the Protocol may also be issued to the International Bureau of the World Intellectual Property Organisation or to the requested authority or Make a request to the latter to submit an advance copy to the International Bureau. (16.2.2006/144)
The Patent Office may grant derogations from the obligation to issue a certificate and a copy referred to in paragraph 1.
If a copy of the application on which the application for an international patent application is based has been given to the international office referred to in paragraph 1, the Patent Office may request a copy and a translation of such a copy only: In accordance with Regulation 17 (2) of the Patent Cooperation Agreement.
The privilege can only be based on the first application in which the invention is presented.
Where an application for a first application or his right-holder has subsequently been submitted to the same patent authority by the same patent authority, a subsequent application may be submitted, on the basis of the condition that such an application is based: The previous application had been withdrawn, lodged or rejected as a public body and had not been subject to any right and was not the basis of the privilege. If the privilege has been obtained on the basis of a subsequent application, it is no longer possible to rely on an earlier application to obtain the privilege.
Paragraph 3 has been repealed by A 21.3.1997/246 .
The entitlement may also be granted to the part of the application.
An application for a given application may be requested on the basis of a number of applications, including those referring to different countries.
The patent requirement shall include:
(1) the name of the invention;
(2) an indication of the technology to which the invention is new (technical level) if such a declaration is necessary; and
3) an indication of what is new and of the added value of the invention.
Each patent requirement may contain only one invention.
The invention shall, if possible, be included in the product, equipment, method or category of use.
The patent requirement shall not include, in relation to the invention set out therein, the non-essential character of the claim or the applicant's request for an exclusive right.
A patent application may include a number of patent requirements. If the application contains several patent requirements, they shall be presented in a row and numbered by running numbers.
The patent requirement may be independent or independent. An independent requirement is such a requirement, which means the form of an invention in the other patent claim and which therefore includes all the determinants of this requirement. The other requirement is independent.
The patent requirement may be accompanied by one or more independent requirements. A non-autonomous requirement may be attached to several of the foregoing claims. It shall initially contain a reference to this pre-requisite patent application and thereafter to the additional determinations which are characteristic of the invention.
If the application is aimed at a number of inventions, they must be interdependent. Inventions must be regarded as interdependent if there is a technical link between all inventions, having one or more identical or similar technical characteristics. The technical characteristic is the technical characteristic which each invention, the invention as a whole, represents a change in relation to the technical level.
In assessing whether inventions are interdependent, it is irrelevant whether inventions are defined in separate patent requirements or as alternatives in a single requirement.
An explanation of the invention may only contain what is necessary to clarify the invention. If it is necessary to use a new or a professional word which is not generally accepted, it must be explained. Signs and units shall not differ from those normally used in the Nordic countries.
Where a patent application is covered by Article 8a of the Patents Act, the applicant shall, as an annex to the application book, present all relevant information on the identification of the biological material that is known to the applicant. (13.07.2000/674)
The deposit referred to in Article 8a (1) of the Patent Act shall be lodged with the deposit facility which is the subject of a contract for the recognition of the international recognition of micro-organisms for the purposes of the patent application procedure of 28 April 1977 in Budapest International Deposit Authority (Budapest Agreement), or any other Deposit facility approved by the European Patent Office. (15.2.1996/104)
The deposit shall be made in accordance with the Budapest Agreement.
The Patent Office will keep a list of deposit facilities which are international depository authorities in accordance with the Budapest Agreement.
If the biological material has been deposited, the applicant shall notify the Patent Office in writing within 16 months after the application has been made or, if requested, the date on which the privilege was requested, to which deposit facility The deposit has been made and the number of which the deposit facility has given to the deposit. On the international patent application, the information may be provided within the same time limit for the International Bureau of the World Intellectual Property Organisation. (16.2.2006/144)
If the applicant requests that the documents of the patent application be made public earlier than that provided for in Article 22 (1) and (2) of the patent law, the information referred to in paragraph 1 shall be provided at the latest at the time of presentation of the request. Where an applicant requests an earlier publication of an international patent application in accordance with Article 21 (2) (b) of the Patent Cooperation Agreement, the information shall be provided at the latest at the time of the publication request.
If the deposit is transferred from the International Deposit Authority to the International Deposit Authority in accordance with Regulation 5.1 of the Budapest Agreement, the applicant shall inform the Patent Office of the new issue of the transfer and the deposit.
The Patent Office may require a copy of the receipt from the deposit facility to certify that the information referred to in paragraphs 1 and 3 is correct.
The new deposit referred to in Article 8a (2) of the Patent Law shall be made in accordance with the provisions on the new deposit of the Budapest Agreement.
The new deposit shall be made within three months from the date on which the depositor has received notification from the International Deposit Authority that no sample has been obtained from the previous deposit. Where an institution has ceased its activities as the international depository of the biological material referred to in the deposit, or has ceased to perform its tasks under the Budapest Agreement, the depositary has not been notified of this notification for six months After the publication of the information by the International Bureau, a new deposit may, however, be made within nine months of the publication. For other deposit institutions, the above deadline for the conclusion of a new deposit starts when the European Patent Office has published the relevant information. (13.07.2000/674)
The depositary shall, within four months of the date of the new deposit, issue a copy of the receipt of the new deposit from the deposit facility to the Patent Office. However, if the period referred to in Article 17b (1) or (2) expires, the receipt may, however, be made within the time limit. The receipt of a receipt shall indicate the number of the patent application or patent to which the deposit belongs.
The summary of the Finnish patent application shall be based on the explanation and the patent requirements as they appear in the documents which, pursuant to Article 21 (1) or Article 24 (1), constitute the basic documents. The summary, which must include the name of the invention, must be drawn up in such a way as to indicate clearly the technical problem of the invention, the principles of the solution contained in the invention and the main field of use of the invention. The final form of the summary shall, if possible, be confirmed before the application becomes public in accordance with Article 22 (2) of the Patents Act.
Where an application for a European patent in an application for an international application or a national application contains a summary adopted by the International Research Authority or the European Patent Office, its content shall be accepted. Otherwise, the Patent Office shall also confirm the summary of such an application. In the latter case, the provisions of paragraph 1 shall apply. (15.2.1996/104)
The patent requirement shall not be altered in such a way that it is contained in a document which does not appear in the document which, pursuant to Article 21 (1) or (2) (1), is a basic document. If the patent claim is amended to include new determinants, the applicant must at the same time indicate the corresponding element in the basic documents.
After the patent office has issued an opinion, the patent application shall not be subject to the same patent application, which is independent of an invention set out in previous requirements.
An opinion on an international patent application shall not be delivered before the expiry of the period laid down in Article 52 (b), unless the applicant agrees to it. (14.6.1985/505)
The applicant may make amendments or additions only if it is necessary on the basis of Article 8 of the Patents Act. Amendments or additions shall not cause the claim of a patent to be understood by other than those that have equivalence in the basic documents.
Unless otherwise agreed by the Patent Office, amendments or additions to the patent requirements shall be made by a new document in which all the requirements are set out in successive order.
In accordance with Article 38 of the Patent Act, the application for a patent application and the application for a European patent as a national application shall be considered as a basic document in this Regulation in Finnish, Swedish or An English explanation of the drawings and the patent requirements contained in the application when the application was made or must be deemed to have been made. If these documents have not been included in the application at the time, the basic document shall then be considered as a basic document after the first Finnish, Swedish or English explanations and the patent requirements if the content is clearly equivalent to that The content of the documents in the Agency at the time.
An application for an international patent application in accordance with Article 31 of the Patent Act shall be regarded as:
(1) if a translation is required in order to continue the application, the translation of the patent law, in accordance with Article 31 of the patent law, the translation of the drawing and the patent requirements with the amendments made to it within the time limit laid down in Article 52b; or
2) if the application has been drawn up in English, Swedish or English, in accordance with Article 31 of the Patents Act, a copy of the drawing and the patent requirements.
If the application for a patent application indicates that an application for protection of the same invention has been lodged with a patent authority outside Finland and if the date and number of the foreign application has been notified, the subsequent application shall be made, The certified copy must be deemed to have arrived at the Patent Office at the same time as the application was made in Finland.
Where a number of inventions are presented in the basic documents, the applicant may submit applications for several applications. The allocation may take place only before the notification pursuant to Article 19 (1) of the Patents Act has been notified. The allocation cannot take place until the basic document pursuant to Article 21 has been issued. At the request of the applicant, the original application ( Application for application ) A new application for a separated invention shall be deemed to have been submitted at the same time as the application for application.
Where an invention has been presented in the form of an explanation or a patent application or in any other way in the patent application, which does not appear on the basis of the basic documents, a new application for that invention may be made by the applicant for the application, Upon request to be deemed to have been given access to the Patent Office when the document in which the invention was presented.
Salmon may only take place before the notification pursuant to Article 19 (1) of the Patents Act has been issued. A comfort letter cannot take place until the basic document in accordance with Article 21 has been issued. An application for a comfort letter may only provide protection for what was found in the file on the application for a new document.
In the case of division or reparation, the explanation of the drawings and the patent requirements which are given to the Patent Office at the same time as the application for a new application shall be considered as a basic document.
A new application shall be deemed to be incurred by dividing or reparting only if this occurs upon application. Such an application shall indicate the original application.
If, on the basis of Article 22 (2) or (3) of the patent law, the documents of the patent application have become public before the grant of the patent, the summary shall be printed as soon as the final form of the patent is confirmed. The Patent Office may also decide on the printing of other parts of the application together with the summary. These documents shall be made available to each of them. (21.3.1997/2)
Pursuant to Article 22 (4) of the Patents Act, the application number and category, date of arrival and date of arrival, the name of the invention and the name and address of the applicant and of the inventor shall be indicated. Where a request has been made, the alert shall also indicate where the previous application to which the appeal is invoked has been made and the date and number of the application. If the application involves a deposit of the biological material, it shall be indicated in the alert. If, on the basis of Article 22 (7) of the Patents Act, the applicant has requested that a sample of the biological material be released only to a specific expert, it shall also be notified in the alert. (16.2.2006/144)
If the translation of an international patent application or a translation of the patent claim has been amended within the time limit laid down in Article 52 (b), but after the documents have become public, the change shall be made known. (14.6.1985/505)
The request for the deposit of a sample in accordance with the first sentence of Article 22 (8) of the Patents Act shall be drawn up in accordance with the provisions of Regulation 11 of the Budapest Agreement.
The person who wants the sample shall give the applicant or the patent-holder a commitment not to use any sample of any stored biological material or material derived from it for non-research purposes and not to give up anything Any sample of the deposited biological material or material obtained from it to another until the application has been definitively resolved or, if the patent is granted before the patent has expired, unless the patent applicant: Or the patent holder expressly renounces this commitment. (13.07.2000/674)
Paragraph 3 has been repealed by A 21.3.1997/246 .
The same insurance, as provided for in the sample, must also be given in the undertaking's biological material derived from a sample of the biological material that is relevant to the use of the invention Characteristics. (13.07.2000/674)
The undertaking shall be attached to the request.
A request pursuant to Article 22 (7) of the Patents Act for the donation of a sample only to a specific expert shall be made within 16 months of the date of application of the patent application or, in the case of a privilege, of the date on which the right of Requested. (16.2.2006/144)
The Patent Office shall draw up a list of persons who have declared themselves available as experts and who are suitable for the task. The list of persons chosen for the decision on the list of experts shall be as provided for in Article 43.
Where a sample can only be released to a specific expert, the expert shall be informed of the sample on request. The request shall be accompanied by a written undertaking by an expert to the patent applicant not to use the sample for non-research purposes and not to give a sample to any other person until the patent granted to the invention has ceased From the date of application of the patent application, or for a period of 20 years, if the application has been definitively resolved without the patent. This commitment should also apply to biological material obtained from the sample and to biological material derived from the sample, which has preserved the characteristics of the biological material deposited with the invention. (13.07.2000/674)
The expert may be used as a person listed or approved by a patent applicant in an individual case.
Notwithstanding Articles 25a and 25b for a commitment to a patent applicant or a patent holder, the derived biological material may be stored for the application of a new patent.
If a sample has been requested, and the patent law or this Regulation does not preclude a sample, the Patent Office shall issue this certificate. The Patents Office shall submit a request for a sample and a certificate to the institution in which the deposit is. At the same time, the Patent Office shall send a copy of the certificate and certificate to the patent applicant or the patent holder.
If the Patent Office finds that it cannot issue a certificate in accordance with paragraph 1, the Patent Office shall notify this decision. The person who requested the sample may appeal against the decision by applying to market law, in accordance with the law of the Patents and Registration Government (178/2013) Provides. There is no appeal against the decision of the Board of Appeal of the Patent and Registration Board or of the abovementioned decision. (18.07.2013/580)
When examining the conditions for granting a patent within the meaning of Article 2 of the Patents Act, the Patent Office shall take into account all the elements of its information.
The Patent Office's investigation is carried out in accordance with Finnish, Norwegian, Swedish, Danish, American, United States, Great Britain, France, Germany and the European Patent Office for patent publications, published patent applications or On the basis of summaries, international patent applications, their summaries, and patent applications published in Finland. In addition, other available literature may be examined if it is considered appropriate.
Where an application for a patent application is submitted to the Patent Office, the applicant shall be informed of the application for examination of the application. The Patent Office will, unless it is a question of better law, point out the possibility of a pleading if the patent is granted.
Where an examination of a patent application is deemed necessary, the Patent Office may use experts who are not employed by the Patent Office.
The Patent Office may invite the applicant to provide a model, a sample or any other, or to carry out studies or tests, when it is necessary to review the invention.
In Finland, applying for a patent for the invention to which he has applied for a patent from a patent authority outside Finland, the patent law, within the meaning of Article 74 (3) of the patent law, is obliged to report on what was said by the patent authority Has informed him of the examination of the novelty or patentability of an invention. The Patent Office may, by way of an interim decision, instruct him to provide the Office with a copy of what has been notified to him or the assurance that no information has been obtained from the examination of the previous application.
If, pursuant to a provision under Article 74 (2) of the patent law, the investigation of patent applications is carried out by a patent authority outside Finland, the Finnish Patent Office may, after agreement with the And any exchange of other material, defer the examination of an application for an earlier application to the patent authority in another country until such time as the latter application has become processed to the extent required by the contract.
The Patent Authority, with which the agreement referred to in paragraph 2 has been concluded, may release a document relating to the patent application not yet to be made public, if the patent authority is committed not to do so: The document public.
If the patent authority considers that a patent can be granted, the authority must, before filing a notification under Article 19 (1) of the Patents Act, send to the applicant documentation demonstrating the form in which the authority intends to grant the patent. In this case, the Patent Authority may invite the applicant, in accordance with Article 15 of the Patents Act, to give its opinion and to return the documents to the Authority within a specified period.
The granting of a patent may be postponed only if the grant of the patent before the application has been made public on the basis of Article 22 of the patent law. At the request of the applicant, the granting of a patent may be deferred until the application becomes public on the basis of Article 22 of the Patents Act.
The printing of a patent publication in accordance with Article 21 of the Patent Act must start as soon as possible after the applicant has paid a printing fee under Article 19 (3) of the Patents Act.
The patent publication shall indicate:
(1) the date of the application and the registration number and categories of the patent;
(2) the name and address of the patent holder;
(3) where the patent holder is represented by an agent, his name, domicile and address;
4. The name and address of the inventor;
(5) the name of the invention;
(6) whether a patent is based on a Finnish, international or national application for a modified European patent;
(7) if the patent is based on a Finnish patent application, the date of arrival and the date of submission of the application; (16.2.2006/144)
(8) where the patent is based on an international patent application, the International Day and the date on which the application has been extended pursuant to Article 31 of the Patents Act or the application is deemed to have been made under Article 38 (3) of the same law, and The application number;
(9) if the patent is based on the application for a modified European patent, the date of conclusion of the European Patent Convention and the date on which the application came to the patent office for conversion and the European patent; The application number of the application;
(10) where the privilege has been requested, the date and the number of the earlier application notified as the basis of the entitlement;
(11) if the application is obtained by dividing or boulding, the date of the application for the application;
(12) if the application includes a deposit of biological material, a declaration of the institution in which the deposit is located and the number the institution has given to the deposit; (13.07.2000/674)
(13) the date of publication of the application dossier;
14) the date of issue of the patent; and
15) reference publications.
The alert for the granting of a patent shall include the information to be reported under Article 31 in the patent publication, except for the reference publications.
The alert concerning the correction of a translation in accordance with Article 27b (1) of the Patents Act shall include:
(1) the name and address of the patent holder;
(2) the registration number and categories of the patent;
3) the name of the invention; and
(4) the date on which the translation and publication fee came to the patent authority.
In accordance with Article 24 of the Patents Act, the following information shall be provided:
(1) the name and address of the author;
(2) the registration number of the patent against which the claim is made, the name of the patent holder and the name of the invention;
(3) call for the revocation of the patent or the restriction of patent protection in some respects;
(4) on which of the grounds mentioned in Article 25 (1) of the patent law, the claim is based, and what other elements are to be considered as the basis of the claim; and
(5) if the agent is represented by an agent, his name, domicile and address.
The claim and subsequent pleadings of the patent holder and of the opposition shall be given to the Patent Office in such a number of copies as the Agency.
Where an agent is represented by an agent, this shall be demonstrated by its mandate. (13.07.2000/674)
Unless the claim is made as provided for in Article 24 (1) of the Patents Act, the claim shall not be admissible. Furthermore, the claim is inadmissible if, within the period of time for the submission of the claim, the documents submitted to the Patent Office do not indicate which of the patent claims were made or who made the claim or did not appear in Article 33 (1). For the information referred to in point 4.
In the event of non-compliance with other provisions relating to the claim, the Patent Office shall, within the prescribed period, request the removal of inadequacy. If the deficiencies are not removed within the time limit, the claim shall not be admissible.
Copies of all pleadings must be submitted to the patent holder.
If the patent holder makes a statement as a result of the claim, the Patent Office shall decide whether to exchange pleadings.
If the Patent Office considers that there is no obstacle to the adoption of a request under Paragraph 53a (1) of the Patents Act, the Patent Office shall inform the patent holder accordingly. The patent holder shall then submit the documents referred to in Article 53d (2) of the Patents Act to the Patent Office within two months. If the patent holder fails to provide the documents justifying the restriction of the patent and the payment referred to in Article 53d (2) of the patent law within the prescribed period, the request for limitation shall be deemed to have been withdrawn.
When a court decision in accordance with Article 52 (2) of the patent law has acquired legal force, the patent holder shall provide the explanation of a limited patent, any drawings and limited patent requirements for the patent office For the patent publication within two months of the patent office. After this, the printing of the patent publication must start as soon as possible. The Patent Office shall, after the submission of limited patent claims, ensure that they are available in Finnish and Swedish if necessary.
The patent publication in accordance with Article 53d (2) shall state:
(1) the date of the application and the registration number and categories of the patent;
(2) the name and address of the patent holder;
(3) where the patent holder is represented by an agent, his name, domicile and address;
4. The name and address of the inventor;
(5) the name of the invention;
(6) whether a patent is based on a Finnish, international or national application for a modified European patent;
(7) if the patent is based on a Finnish patent application, the date of arrival and the date of submission of the application;
(8) if the patent is based on an international patent application, an international day, and the date on which the application has been extended pursuant to Article 31 of the Patents Act or when the application is deemed to have been made under Article 38 (3) of that law, and international The application number;
(9) if the patent is based on the application for a modified European patent, the date of conclusion of the European Patent Convention and the date on which the application came to the patent office for conversion and the European patent; The application number of the application;
(10) where the privilege is requested, where the earlier application as the basis of the entitlement has been made, the date of its conclusion and the application number;
(11) if the application is obtained by dividing or boulding, the date of the application for the application;
(12) if the application includes a deposit of biological material, a declaration of the institution in which the deposit is located and the number the institution has given to the deposit;
(13) the date on which the application dossier became public;
14) the date of issue of the patent;
15) reference publications;
(16) the date of the request to limit the patent; and
17) the date on which the restriction of the patent has been adopted.
The patent publication referred to in Article 36 (2) shall contain the information referred to in paragraph 1 of this Article, with the exception of the information referred to in paragraph 17, and the date on which the court or tribunal has taken a legal decision Limitation.
Paragraph 37 has been repealed by A 18.7.2013/580 .
The Patent Register contains information on patents granted by the Patent Office and on European patents with a legal effect in Finland.
When a patent is granted in Finland, it must be entered in the register of patents. In this case, the register shall contain the information which, with the exception of the reference publications, must be stated in the patent publication.
A European patent shall be entered in the register after the European Patent Office has issued a patent and the applicant has issued a translation and paid a fee in accordance with Article 70h (1) of the Patents Act.
In this case, the register shall be:
(1) the date of the European Patent Office's decision to grant a patent;
(2) the date on which the translation and payment in accordance with Article 70h (1) of the Patents Act arrived and the translation of the translation;
3) the date on which the patent time starts; and
(4) information corresponding to those arising from paragraphs 1 to 5, 10 and 13 of Article 31 (2). (21.3.1997/2)
If the European Patent Office has definitively decided that the European patent shall be repealed, maintained or suspended, enter this in the register. If the patent holder is in those cases where the patent is maintained in a modified form, the translation and the payment of a fee pursuant to Article 70h (1) of the Patents Act shall be entered in the register. (29.11.2007)
If the translation of the translation referred to in paragraphs 1 or 3 is corrected, the register shall indicate when this has occurred and when the correction has been made.
Restrictions on the entry into force of a European patent in Finland will be entered in the register after the European Patent Office has issued a translation of the European patent, a translation of a limited patent has been issued and the fee paid. In this case, the register shall be:
1) the date on which the European Patent Office has issued a restriction on the European patent; and
2) the date on which the translation and payment in accordance with Article 70t (2) of the Patents Act arrived and the date on which the translation was issued.
(29.11.2007)If the European patent is repealed in accordance with Article 70t (3) of the Patents Act, this information shall be entered in the register. (29.11.2007)
When a claim has been made against a patent, it must be entered in the register of patents. The label shall contain the following information:
(1) the name and address of the author;
(2) if the agent is represented by an agent, his name, address and address; and
3) the date of the claim.
The contested decision must be entered in the register of patents. The date of the decision and its main content shall be entered in the register.
The alert for a decision referred to in Article 25 (5) of the Patent Act must include the registration number and categories of the patent, the name of the invention, the name of the patent holder and the date of the decision.
When the annual fee has been paid or the extension of the payment period has been granted, it shall be entered in the register.
If the patent on the basis of Article 51 of the patent law has lapsed, the date on which the patent has ceased to be valid shall be entered in the register.
If, pursuant to Article 71a of the Patents Act, it has been requested that the annual fee be paid within the prescribed period, it shall be entered in the register without delay. The final decision in this case shall also be imprinted.
Where a patent office has been notified of an application for annulment of a patent, a transfer of a patent or an application for a compulsory licence, it shall be entered in the patent register.
Where a copy of the legal proceedings before the Office has been submitted to the Patent Office (100/2013) Article 23 of Chapter 4 Or in accordance with Article 66d of the Patents Act, shall be entered in the register of patents. In addition, the legal force obtained by the solution must be entered in the register.
If the patent is restricted to the Patent Office or the Court of Justice, or has been suspended at the Patent Office, it shall be entered in the register of patents. If the patent is limited, the register shall be entered in the register at the date of its adoption and the categories. If the patent has been abolished, the register shall be entered in the register.
The designation of a patent referred to in Article 44 of the Patent Act or the transfer of a patent shall include the name, domicile and address of the rightholder, the date of transfer or transfer. On request, the authorisation shall indicate whether the patent holder's right to grant other licences is limited. However, unless the question of the transfer of the right to use a licence or a lien is immediately resolved, it must be recorded that this has been requested.
If the patent is foreclosed, it shall be entered in the register at the time of notification of the forecluse.
The notice of change of agent shall be entered in the register.
Where the patent authority has received a notification pursuant to Article 17b (3) on the transfer of a deposit or a new deposit on a receipt, transfer or new deposit pursuant to Article 17c (3), a statement shall be made: The register. (13.07.2000/674)
The signature of the Patent Office, which is provided in an automatic data processing document, can be written in a machine-readable manner.
A document produced by means of automated data processing from the Patent Register and the Patent Office's applications can be signed mechanically. This must be stated in the document.
Alerts in patent cases are published in a publication submitted by the Patent Office.
The authority referred to in Article 52 (4) of the Patent Act is an official prosecutor, unless the State Council, for a specific reason, imposes an action on the other authority.
A patent office is an authority receiving international patent applications where the applicant or one of the applicants is a Finnish national, a natural person domiciled in Finland, a legal person established by Finnish law, or someone who: Conduct movement in Finland. Such an applicant may also make an international patent application to the European Patent Office or to the International Bureau of the World Intellectual Property Organisation.
As a host authority, the Patent Office will receive, verify and transmit international patent applications in accordance with the Patent Cooperation Agreement and its application rules.
Where the Patent Office acts as a host authority for international patent applications, the applicant shall carry out:
(1) the international application fee referred to in Regulation 15.1 of the Patent Cooperation Agreement, within one month of receipt of the application;
(2) the novelty examination fee referred to in Regulation 16.1 of the Patent Cooperation Agreement within one month of receipt of the application;
(3) the consignment fee referred to in Regulation 14.1 of the Patent Cooperation Agreement within one month of receipt of the application; and
(4) Within two months of the end of the preceding year, the refund fee referred to in Regulation 26bis.3 of the Patent Cooperation Agreement, referred to in Regulation 26bis.3.
(29.11.2007)If an international application fee is increased after the application has been received but before the payment is made, the payment may be made uncorrected within one month of receipt of the application. (16.2.2006/144)
If the payment referred to in paragraph 2 (1) to (3) has not been paid within the prescribed period, or is insufficient at the end of the period, the Patent Office shall invite the applicant to pay the missing payment within one month of the date of the request. (29.11.2007)
At the request of the applicant, the Patents Office shall ensure, at the request of the applicant, that a copy of the application lodged in the past shall be sent to the Office in accordance with Regulation 17.1b of the World Intellectual Property Organisation. The office. The payment shall be made in the same amount of time as the request under that Regulation shall be made.
An international patent application to the Patent Office will be submitted in one piece. It shall be drawn up in Finnish, Swedish or English or in another language approved by the Patent Office. An application for an international application must be in English, even if the application is made in Finnish or Swedish.
The international patent applications submitted to the Patent Office shall be kept separate. The journal is not public.
A patent seeker who has no domicile in Finland shall be an agent resident in the European Economic Area who is entitled to represent him at the Patent Office in matters relating to the application.
Unless the law on inventive inventions (1) , the Patent Office shall, in accordance with the Patent Cooperation Agreement and its application rules, forward the international application received by the Office to the International Bureau of the World Intellectual Property Organisation.
When the patent office is not competent to receive an applicant who is domiciled in a State Party or is a national of a State Party, an application for an international application shall be sent without delay by the Patent Office To the International Bureau in accordance with the Patent Cooperation Agreement and its Implementing Rules.
The applicant shall, within one month from the date of receipt of the international application, make a payment to the Office of the Patent Office, referred to in Regulation 19.4 of the Patent Cooperation Agreement. In this way, an international application received on behalf of an international office shall be deemed to have been received on the date on which an international application has been made to the Patent Office. (16.2.2006/144)
Where an application for an international patent has been made in a language other than that provided for in Article 8 (5) of the Patents Act, a translation of the application shall be required for the application, in accordance with Article 31 of the patent law and in accordance with Article 38 (1) of the patent law Request for research. The provisions on the translation of Article 3 of this Regulation shall apply.
If the applicant has submitted to an international application everything required by Article 31 of the patent law to continue the application, the patent office has not received an application from the International Office for an application to the Office, the Patent Office Shall be notified to the International Bureau.
The period referred to in Article 34 of the Patent Act shall be four months after the expiry of the period laid down in Article 31 (1) of the patent law for the extension of the application for an international patent.
A request for a study in accordance with Article 38 (1) of the Patents Act shall be submitted within two months from the date of dispatch by the receiving authority or the international office of the decision referred to in the said paragraph.
If the applicant shows that he has received the information referred to in paragraph 1 at a later date than seven days after the date of the announcement, the time-limit shall be extended by the same number of days as from the date on which the date on which the applicant Received information. However, the seven days mentioned above shall be deducted from the deadline.
The supplementary protection certificate is provided for in Article 70a of the patent law.
Supplementary protection certificates shall mean Regulation (EC) No 469/2009 of the European Parliament and of the Council of the European Parliament and of the Council on the supplementary protection certificate for medicinal products and the introduction of a supplementary protection certificate for plant protection products Regulation (EC) No 1610/96.
Applications for additional protection certificates and extension of the supplementary protection certificate for medicinal products shall be made in writing.
The application book shall be signed by the applicant or his agent and shall contain the information provided for in Article 8 of the Supplementary Protection Certificate Regulation. In addition, if several of them apply for a supplementary protection certificate, the application book shall indicate which of them is entitled or, if the applicants are using the Ombudsman, whom they jointly authorised on behalf of all Notifications.
In addition, the applicant shall provide additional information on the product to the Patent Office, when this is necessary for the examination of the application.
The application shall be made in accordance with the provisions of the language legislation in force in Finnish or Swedish. If the document annexed to the application has been drawn up in a language other than that mentioned above, the Agency may require translation in Finnish or Swedish.
The Patent Office keeps a diary of incoming applications. For each application, in addition to the particulars listed in Article 9 (2) of the Supplementary Protection Certificate Regulation, the diary shall include: (27.10.2011/1097)
(1) the date and date of the application;
(2) if the applicant is represented by an agent, his name, domicile and address;
(3) the written pleadings and payments made; and
4) decisions taken.
(21.3.1997/2)The diary and the documents relating to the application shall be public.
The application for a supplementary protection certificate and an extension of the validity of the supplementary protection certificate for medicinal products is provided for in Article 9 of the relevant Supplementary Protection Certificate Regulation. The alert shall also include the date and date of the application for the supplementary protection certificate.
An application for a supplementary protection certificate or an application for an extension of the validity of a supplementary protection certificate for medicinal products shall not be amended to cover another product or another basic patent.
When examining the application, the Patent Office did not examine whether the application for a supplementary protection certificate satisfies the condition set out in Article 3 (1) (d) of the Supplementary Protection Certificate Regulation.
Articles 15 and 16 of the Patent Act shall apply to the deadlines set out in Article 10 (3) of the Supplementary Protection Certificate Regulation.
The inclusion of a supplementary protection certificate and an extension of the period of validity of the supplementary protection certificate for medicinal products is laid down in Article 11 of the Supplementary Protection Certificate Regulation. The alert shall also include the date number of the application for the supplementary protection certificate, date of conclusion and registration number of the certificate.
The supplementary protection certificate shall contain the information referred to in paragraph 1 above.
The Patent Office shall keep a register of supplementary protection certificates issued. The register shall include the information mentioned in Article 52 l (1) and, where the holder is represented by an agent, the name, domicile and address of the agent. In addition, Articles 40 to 42 shall apply.
Where an application for a supplementary protection certificate or an extension of the period of validity of a supplementary protection certificate has been rejected or missed by the law, it shall be subject to such an application. The alert shall contain the information referred to in Article 52h.
In accordance with Article 14 (d) of the Supplementary Protection Certificate Regulation, the Patent Office shall be alerted to the expiry of the Supplementary Protection Certificate.
The supplementary protection certificate shall be subject to a fixed annual fee for each payment year starting after the end of the validity of the basic patent.
In addition, the payment of annual fees shall apply mutatis mutandis to the provisions of Article 41 (1) and (3) of the patent law.
The applicant and holder of the supplementary protection certificate, who does not have a seat in Finland, shall be an agent residing in the European Economic Area as provided for in Articles 12 and 71 of the Patents Act.
Where an application for a European patent is submitted to the Patent Office, this shall indicate the date of entry into the application file, provide the applicant with a certificate of receipt and inform the European Patent Office accordingly.
The application shall be submitted to the European Patent Office in accordance with Article 77 of the European Patent Convention, unless the law on inventive inventions (551/1967) -subject.
If the patent office receives a request for the conversion of an application for a European patent in accordance with Article 135 (2) of the European Patent Convention as a national application, the Patent Office shall immediately submit a request and a copy of the application The patent authorities of the countries designated in the request.
If an application for a European patent has been submitted to the Patent Office and submitted to it to be converted into a national patent application in accordance with Article 135 of the European Patent Convention, the Patent Office shall immediately inform the applicant accordingly. (29.11.2007)
The application fee and the translation in accordance with Article 70s (1) and (2) of the Patents Act must be made by the Patent Office within three months of the date on which the applicant has been sent the notification under paragraph 1. The application fee shall be calculated in the same way as the application fee in accordance with Article 8 of the patent law.
The Patent Office shall keep a separate public diary for applications for a European patent whose translation in accordance with Article 70n of the Patents Act has been issued to the Patent Office.
For each application, the application number shall be entered in the diary, the name and address of the applicant, the date on which the translation or correction has been made, and the date on which the translation or correction has been made. In addition, the date of submission of the application and the information referred to in paragraphs 4 to 6, 10 and 11 of Article 7 (2) shall be entered. (16.2.2006/144)
When the translation in accordance with Article 70h (1) of the Patents Act is given, enter this in the diary, as well as when the translation has been issued. The same applies to the correction of a translation before the patent is entered in the patent register.
When the translation in accordance with Article 70t (2) of the Patents Act is given, this information shall be entered in the diary. (29.11.2007)
The translation referred to in Article 70h shall be accompanied by information on the name of the invention, the registration number of the patent and the name and address of the patent holder. The translation shall not be deemed to have been adopted unless such information is accompanied by a translation.
The translation pursuant to Article 70n of the Patent Act shall be accompanied by information on the number of applications and the name and address of the applicant. If this is not complied with, the translation shall not be deemed to have been adopted.
The alert concerning a translation in accordance with Article 70h of the Patents Act shall include:
1) the registration number and categories of the patent;
(2) the name and address of the patent holder;
3) the name of the invention;
4) the date of submission of the patent application;
(5) information on when the European Patent Office has issued a patent or maintaining a patent in a modified form; and
(6) where the privilege is requested, the indication of the date and number of the application for the establishment of the privilege.
(27.10.2011/1097)The alert concerning a translation in accordance with Article 70 n of the Patents Act shall include:
1) the date number and categories of the patent application;
(2) the name and address of the patent holder;
3) the name of the invention;
(4) the date of submission of the patent application; and
(5) where the privilege is requested, information on where the application has been made, the date and the number of the application.
(27.10.2011/1097)The alert concerning the translation in accordance with Article 70t (2) of the patent law shall include:
1) the registration number and categories of the patent;
(2) the name and address of the patent holder;
3) the name of the invention;
(4) the date of submission of the patent application; and
(5) information on when the European Patent Office has been subject to the restriction of the patent and when the translation and publication fee arrived at the Patent Office.
(29.11.2007)In the event of a translation, in accordance with Article 70q of the patent law, a rewritten copy of the corrected document shall be issued, in which the corrections must be clearly displayed. The correction of the translation shall be accompanied by information on the number of the patent or patent application and on the name and address of the patent holder or patent applicant. In the absence of such information, the correction of the translation shall not be deemed to have been given.
The alert concerning the correction of a translation in accordance with Article 70q (1) of the patent law shall include:
1) the registration number and categories of the patent;
(2) the name and address of the patent holder;
3) the name of the invention;
(4) the date on which the translation and publication fee came to the patent authority;
The alert concerning the correction of the translation in accordance with Article 70q (2) of the patent law shall include:
1) the date and categories of the patent application;
(2) the name and address of the patent applicant;
3) the name of the invention; and
(4) the date on which the translation of the translation arrived at the patent authority.
The translation and payment referred to in Article 70t (2) of the Patender shall be made and paid to the Patent Office within three months of the publication by the European Patent Office of the limitation of the patent.
The translation referred to in paragraph 1 shall include an explanation, any drawings and any amended patent requirements. The translation shall be accompanied by the registration number of the patent and the name and address of the patent holder.
The translation referred to in Article 70 t (2) of the Patent Act shall not be deemed to have been adopted unless the provisions of paragraphs 1 and 2 are complied with.
This Regulation shall enter into force on 1 October 1980.
This Regulation repeals the Patent Regulation of 4 January 1968 (2006) With its subsequent modifications.
A patent application to be examined and settled before the Law of 6 June 1980 amending the patent law (107/80) In accordance with the provisions in force, the earlier patent regulation referred to in Article 53 (2) shall apply instead of this Regulation.
Instead of Articles 2, 10, 11 and 17 of this Regulation, Articles 2, 9 and 10 of the previous Patent Regulation shall apply to the application for a patent application before the entry into force of this Regulation.
An application made before the entry into force of this Regulation may, in spite of Article 24 (2), be deemed to be incurred by dividing or delving.
A further patent granted before the entry into force of the Act amending the patent law before the date of entry into force of the Act shall apply to the previous patent regulation.
In the case of a patent subject to which Article 51 of the Patent Law was applicable before the entry into force of the Act amending the patent law before the entry into force of that law, Article 45 of the previous Patent Regulation applies instead of Article 41 of this Regulation.
This Regulation shall enter into force on 1 September 1985.
This Regulation shall enter into force on 1 July 1992.
This Regulation shall enter into force on 1 February 1994.
This Regulation shall enter into force on 1 July 1994.
However, where a supplementary protection certificate has been applied for in accordance with Article 19 (3) of the Council Regulation, the date of payment shall only start from the date on which the lodging of the application has been lodged in accordance with Article 52 h. The first annual fee is due to expire two months after the date of the said date.
This Regulation shall enter into force on 1 March 1996.
This Regulation shall apply to applications made after its entry into force.
This Regulation shall enter into force on 1 April 1997.
Article 12 (3) shall apply to the patent application made before the entry into force of this Regulation.
If, before the entry into force of this Regulation, the application for an application has been limited to two or more independent inventions, the application for a shared application shall apply to Article 22 (2) in force.
This Regulation shall enter into force on 15 July 2000.
This Regulation shall enter into force on 1 January 2005.
This Regulation shall enter into force on 6 March 2006.
Article 10 (1) of this Regulation applies before the date of entry into force of this Regulation, where the period of 15 months from the date on which the privilege is based is not yet complete.
This Regulation shall enter into force on 13 December 2007.
This Regulation shall enter into force on 1 October 2008.
This Regulation shall enter into force on 1 November 2011.
This Regulation shall enter into force on 1 September 2013.
