The Setup Utility Model Right

Original Language Title: Asetus hyödyllisyysmallioikeudesta

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1991/19911419

The presentation of the Minister of trade and industry, provides for the right of the law on utility model (800/91) under article 47: the utility model application, and a utility model application for the journal, section 1 of the form letter (the application).
The application of this regulation, the provisions on utility model shall apply, unless otherwise specified, only: 1) the Finnish utility model application;
2 the international application, which has been extended) for a utility model the right to act in accordance with article 45 (d) or which has been referred to the Patent Act (550/67) in accordance with section 38; the application for a European patent, and (3)) which has been converted into a utility model application, the right of a national of the law on utility model (800/91) 8 or an 8 (a) in accordance with the article. (on 6 November 2008/701)
(26.2.1996/119) section 2 of the Application document shall be signed by the applicant or his agent, and it must be: 1) the applicant's name, domicile and address and, if the applicant is represented by an agent, the name, domicile and address;
2) the name and address of the inventor;
the invention referred to in the application for a utility model 3) short and to the point;
4) indication of whether article 5 of the law on utility model rights of the meaning; (on 6 November 2008/701) 5) if the registration of a utility model, a number of jointly applying for a declaration of who among them is entitled or, if applicants use the agent, whom they jointly are authorized on behalf of all of us to receive the registration authority; (on 6 November 2008/701) 6) a statement whether the applicant the right of article 12 of the law on utility model under consideration; (December 22, 1995/1701) the following paragraph 7 is repealed A on 6 November 2008/701.

a deposit of biological material in the patent regulation 8) (669/1980) the Declaration referred to in article 17 (b), a similar message; and (on 6 November 2008/701) 9) notice of an application for the attachments. (December 22, 1995/1701) section 3 (December 22, 1995/1701) the application is accompanied by: 1) a description of the invention and the invention of the necessary images to illustrate the point, as well as one or more of the claims;
2) if the applicant is represented by an agent, proof of the authorization; (on 6 November 2008/701) 3) if someone other than the applicant has made of the invention, a statement which will prove the applicant's right to the invention; as well as (on 6 November 2008/701) (4) is repealed by A on 6 November 2008/701.

5) if the utility model right under article 12 of the 1990 law research has been requested, proof of payment in respect of the investigation.


section 4: If a document has not been drawn up in a utility model the right to act in accordance with the first subparagraph of article 7 of the language, it is for the applicant to provide the registry authority, also in the Finnish or Swedish translation. When it comes to the rest of the document at the insistence of the explanation or protection, the registration authority may, however, waive the obligation to provide a translation into the language of the translation to any other, or accept in Finnish or Swedish.


section 5 (on 6 November 2008/701) When an application for a utility model will be made of the law on utility model rights, in accordance with section 8 of the patent application or a European patent application for converting, the application will notify you when an application for a European patent on the basis of the patent application or the application is made, or shall be deemed to have been adopted and what is the number of the application. This kind of transformation, on behalf of the utility model application is accompanied by the public authorities on the patent application a copy of the explanation of the necessary documents, with the exception of the protection requirements and copies of your pictures. When an application for a European patent is converted into a utility model application, the applicant shall submit all the application documents.
Utility model law in accordance with article 18 of the law on the suspension of the registration of a utility model application in the context of the conclusion of the request or at the latest within two months from the date of award.


(5) (a) section (on 6 November 2008/701), the conversion of a European patent application for utility model the right to act in accordance with section 8A of the national utility model application mutatis mutandis of patent regulation 52 and 52 s. The application of the law on utility model rights with regard to compliance with article 7.


section 6 (on 6 November 2008/701) registration authority means the utility model application and the file number of the application and the date.


section 7 (27 October 2011/1099) section 7 is repealed A 27 October 2011/1099.


section 8 if the registration authority are made the announcement that the invention, utility model right to which has been applied for, has moved on to another, this is significant as the subject in the journal only, if the transfer has been established.


The privilege of § 9 (on 6 November 2008/701) in order to obtain a utility model right under section 5 of the law on privilege it is for the applicant to request it on the application and inform the in Finland, where and when the basis for the claim to the notified the application is made, and as soon as possible. If the application is made by converting the utility model law of the law of 8 or an 8 (a) in accordance with the article, it is a privilege to request valid without any further authorization in the case of an application, the new convert.


Article 10 (on 6 November 2008/701) by a decision of the Registration Authority may invite the applicant to establish that the requested the privilege of providing the basis for the claim to be within the authority of the application a certificate issued by the requested authority of the date on which the application and the applicant's name, as well as a copy of the application certified by that same authority by the. A copy of the register shall be in the form decided upon by the authority.


section 11 of the privilege may only be based on the first application, that the invention has been made.
If the first application for the author or his successor in title has the same authority later made the same invention means the application, can be the basis for the subsequent application to submit the claim to the previous application, on condition that it had been cancelled, suspended or rejected it without becoming public, left, and that it had been the entry into force of any right and it was not been the basis for the claim. If the privilege has been achieved in the subsequent application to justify, not the earlier application can no longer be relied on to achieve the priority right.


Article 12 of the Same application can be used to ask for the privilege of a number of different countries, on the basis of the applications also.


The requirement of section 13 of the protection of Privacy requirement must include: 1) the title of the invention;
2) the notification technology, which compared to an invention is new (technology level), if such notification is required; as well as 3) Declaration of which an invention consists is new and unique.
The utility model application may cover several versions of the standards of protection. If the application has a number of standards of protection, they shall be numbered consecutively and running the numbers. (December 22, 1995/1701)
Each of the claims must not contain more than one invention. (December 22, 1995/1701)
If the utility model application is subject to more than one invention, they must be independent of each other. In this case, all inventions must be technological connection in such a way that they have in common one or more identical or similar technical special feature. Technical erityispiirteellä means a technical feature, which, taken as a whole, in each of the invention an invention consists in examining, constitutes a change to the State of the art. (December 22, 1995/1701)
For the purpose of assessing whether there is a technical relationship between the inventions, the importance is not whether the inventions defined in separate standards or protection options together with the privacy notice. (December 22, 1995/1701)
Protection requirement in relation to an invention which it does not contain any matter in relation to the non-exclusive right or of the applicant to request irrelevant.


Explanation on article 14, a description of the invention must contain only what is necessary in order to clarify the invention. If it is necessary to apply a new or a profession, which is not generally accepted, it has to be explained. The characters and units of measure may not depart from them, which in Finland is usually used.
If the invention relates to the implementation of the biological material biological material shall be used or the invention and a sample of the biological material is on the right of this utility model law, according to article 6 of the deposit, the applicant shall submit the application documents all the information material characteristics that are relevant and which are known to the applicant. The deposit shall notify the registration authority of. What a patent under section 17 of the regulation, (a), (b) and 17 (4), 17 (c) and 25 (a), 25 (c) and 25 (d) of the deposit of the biological material, applies, mutatis mutandis, to utility models, the file relating to the deposit of biological material. (on 6 November 2008/701)


Photos, section 15, of the Image means the drawing, a photo, or the like. The images will be so precise, that they clearly show what you want to protect. Pictures should be in black and white and toisintamiskelpoisia. They may not be the A4-size bigger.


Utility model application for the changes to section 16 of the Protection requirement shall not be amended in such a way that it will contain something that did not occur in the original utility model application. If the requirement is changed in such a way that it will contain the new attributes, the applicant shall at the same time to announce where in fact is to be found in the original application.

If the original application documents is presented in more than one invention, the applicant may divide the application into multiple applications. By dividing the generated a new application cannot understand anything of the sort, which was not the case to find out the original application. (December 22, 1995/1701)
If the application is distributed, therefore, that it consists of one of more of the invention, and there is no technical link between the inventions, the new application shall be deemed to have been filed at the same time as the initial application only if a new application is made not later than two months after the date on which the original application was reduced. (December 22, 1995/1701)


Section 17 of the utility models utility model registration shall be entered in the utility model register, if it complies with the law on utility model rights, section 1, subsection 2 to 4, as well as the requirements of article 6 to 12. (on 6 November 2008/701)
The register shall contain: 1) utility model application number, as well as the registration number of the journal of the utility model in accordance with the international patent classification and categories; (December 22, 1995/1701) 2) utility model as well as the holder's name, registered office and address;
3) if the holder of the right of a utility model is represented by an agent, the agent's name, domicile and address;
4) the name and address of the inventor;
5) the following dates: (a) the date of filing of the application);
(b)) if the utility model application has been hyödyllisuusmallioikeudesta in accordance with article 8 of the law on the transformation of the patent application, the filing date of the patent application;
(c)) if the application is an international application, the international filing date and the date on which the application for a utility model the right to act in accordance with article 45 (d) or from the date on which the application is section 38 of the patent law, and the international application number; (on 6 November 2008/701) (d)) in the case of an application of the law on utility model rights is 8 or an 8 (a) in accordance with the section of the application for a European patent application converted into a national, consistent with the date of filing of the European Patent Convention and the date on which the application is made to the European patent register, as well as for the conversion of the application and the file number; (on 6 November 2008/701) (e)) the application documents julkiseksitulopäivä;
(f) the date of registration of the utility model);
(26.2.1996/119) 6) requested the privilege as the basis for the claim, as well as a notice stating where the declared an application has been made, the filing date and number; (December 22, 1995/1701) 7) where the application is made by dividing the original application number; (December 22, 1995/1701) 8) is the application of article 12 of the law on utility model rights in accordance with the research; (December 22, 1995/1701) 9) if the invention relates to the implementation of the biological material biological material shall be used or an invention, whether it is a sample of the biological material deposited; as well as (on 6 November 2008/701) 10) title of the invention and the figure. (December 22, 1995/1701) 17 (a) of section (on 6 November 2008/701) a utility model Registration Authority the right to act in accordance with the first subparagraph of article 17 of the protection requirement for publication, when the utility model shall become public.
Claims release contains the first protection claim and possible image. In addition, it has the following information: 1 the registration number of the journal number, application) and categories;
2) utility model the right to the name and address of the holder;
3) agent's name, domicile and address;
the name of the inventor 4);
5) title of the invention;
6 the date of arrival and date of filing of the application);
7) If an application has been made to the law on utility model rights, in accordance with section 8 of the patent application, such an application by converting a date of filing;
8) If an application has been made to the law on utility model rights 8 or an 8 (a) in accordance with the article by converting the European patent in accordance with the European Patent Convention on the application, the filing date and the date on which the application is made to the European patent register, as well as for the conversion of the application and the file number;
9) where the application is an international application, the international filing date and the date on which the application for a utility model the right to act in accordance with article 45 (d) or from the date on which the application is section 38 of the patent law, and the international application number;
10) application documents julkiseksitulopäivä;
11) date of registration of the utility model;
12) asked for the privilege, as a basis for the claim, as well as a notice stating where the reported application is made, the filing date and number;
13) if the application is made by dividing the original application number;
14) whether the application of article 12 of the law on utility model rights in accordance with the research; as well as 15) if the application includes the deposit of a biological material, a statement by the institution with which the deposit is, as well as the number that the plant is 1,000.
Article 21 of the law on utility model rights of protection of the claim referred to in paragraph 2, the publication shall be in addition to the information referred to in subsection 2, an indication of when the registration authority has made a final decision osamitätöinnistä.


section 18 (December 22, 1995/1701) section 17 of the law on utility model rights: the registration of a utility model referred to in the alert will contain the registration number of a utility model in accordance with the categories of the international patent classification, and the title of the invention and the necessary photos, the name of the holder, as well as the application of utility model law journal number and an indication of whether or not the application was in conformity with article 12 of the said law's research.


section 19 (18.7.2013/581) When the registration authority for the registration of the application for a declaration of invalidity has been declared the transfer of the right to claim, or a utility model or the granting of a compulsory licence on a utility model in the register, the.
When a copy of the solution has been delivered to the registry authority of the trial court on the law of the market (100/2013), Chapter 4, section 23 of the 44 of the law on utility model rights or (c) in accordance with the article or the case referred to in subparagraph (1), the Registrar shall issue the registration of the application for a declaration of invalidity, in answer to the entry in the register of utility models. The solution obtained by the force of law, in addition to its main content is recorded in the register.


section 20 of the law on utility model rights referred to in article 28 and 29 of the entry shall contain the name of the holder of the right, place of residence and address, as well as the utility model law, the date of the licence or of immovable property, for example. At the request of the licensee is an important right of the holder of the right, is there any utility model granted other licences.
Subject to the question of the conclusion of the entry in the register, however, cannot be solved immediately, it is important that the records have been requested.
The provisions of paragraph 1 above is applied to a compulsory licence and the law on utility model law 32 of the right referred to in subparagraph (1) of section.


section 21 When utility model law is the basis of the notification, the entry in the register of utility models.
The notification agent shall be entered in the register on the change.


section 22, if the proprietor of the utility model the right to inform the utility model law, according to article 33 of the abandonment of the utility model registration and this design is entered in the register, the holder of the authorization shall inform the use and has to be reserved for him a reasonable period of time to control the issue of their rights before the utility model will be deleted from the registry.


on the reform of article 23 of the code of entry of the mention of the registration of a utility model in the register.
On the reform of the public notice shall indicate the registration number of the utility model, the period of protection, as well as the revised start date of the utility model the right to the name and address of the holder.


section 24 When the registration is expired, it is the registration authority to be removed from the register of utility models.
When the utility model is removed from the register or the utility model right has the force of res judicata by a decision of the Court of Justice of transferred to another, it is the registration authority an announcement about it.


The registration authority (December 22, 1995/1701), section 24 (a) (December 22, 1995/1701) to the Registry authority having regard to all the facts, which it becomes aware in the course of the examination of the invention utility model the right to act in accordance with the third paragraph of article 12. The registration authority's investigation is to be made to the Finnish public utility model and design applications as well as in Finland, Norway, Sweden, Denmark, the United States of America, Great Britain, France, Germany and the European Patent Office patent and public address, on the basis of patent applications, as well as the publications of the international public. In addition, you can explore other available publications, if it is considered appropriate. The registry authority shall inform the research outcome and give an opinion, if the opinion is requested separately.


International applications the receiving authority (December 22, 1995/1701), section 24 (b) (December 22, 1995/1701) the National Board of patents and registration of the utility model is the receiving authority, international applications where the applicant or one of the applicants is a Finnish citizen, a natural person who has a domicile in Finland, according to Finnish law, a legal person or someone who carries out the movement in Finland.

An international application for a utility model in the receiving authority shall apply mutatis mutandis, what the patent 51 46 to 51 of the regulation, and (a). An international application for a utility model with Finland to further this shall apply mutatis mutandis, what the patent regulation 52 and 52 (a) – (c) of article 52.


Miscellaneous provisions article 25 of the Utility model application shall be classified in accordance with the international patent classification system.


section 26 of the alerts on the utility model matters shall be published in the publication provided by the registration authority.


The result of the entry into force of the äännös article 27 of This Regulation shall enter into force on 1 January 1992.

The change of the date of entry into force and the application of the acts: December 22, 1995/1701: This Regulation shall enter into force on 1 January 1996.
This Regulation shall apply to applications for concluded after the entry into force.




26.2.1996/119: This Regulation shall enter into force on 1 March 1996.
This Regulation shall apply to applications for concluded after the entry into force.




on 6 November 2008/701: This Regulation shall enter into force on 1 December 2008.




27 October 2011/1099: This Regulation shall enter into force on 1 November 2011.




18.7.2013/581: This Regulation shall enter into force on 1 September 2013.