Key Benefits:
See the copyright notice Conditions of use .
The presentation of the Minister for Trade and Industry is governed by the law on utility models (800/91) Pursuant to:
An application for a utility model is the document (application book) and its annexes.
The provisions relating to the application for a utility model of this Regulation shall apply, unless otherwise specified, only:
1) a Finnish utility model application;
2) an international application, which has been extended for Finland in accordance with Article 45d of the Law on utility model law, or which has been taken up by a patent law; (550/67) , and
(3) the application for a European patent which has been converted into a national utility model in the form of a law on utility models (1988 TO 1991) In accordance with Articles 8 or 8a. (6.11.2008/701)
(262.1996/119)The application book shall be signed and signed by the applicant or his agent:
(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 utility model application;
(4) a declaration as to whether a privilege is requested under Article 5 of the Law on utility model law; (6.11.2008/701)
(5) where several applicants apply for registration of a utility model, an indication of who is entitled or, if the applicants are using the agent, whom they jointly authorised on behalf of all to receive the notification of the registration authority; (6.11.2008/701)
(6) an indication as to whether the applicant asks for a study in accordance with Article 12 of the Law on utility model law; (22.12.1995/1701)
Paragraph 7 has been repealed by A 6.11.2008/701 .
8. On the deposit of biological material (669/1980) Article 17b The notification corresponding to the notification; and (6.11.2008/701)
9) an indication of the annexes to the application book. (22.12.1995/1701)
The application book shall be accompanied by:
1) the explanation of the invention and the pictures necessary to illustrate the invention, together with one or more safeguards;
(2) if the applicant is represented by an agent, an indication of the mandate; (6.11.2008/701)
(3) if an invention has been made by someone other than the applicant, a statement proving the applicant's right to invention; and (6.11.2008/701)
Paragraph 4 is repealed by A 6.11.2008/701 .
(5) in the event of a request for an investigation pursuant to Article 12 of the Law on utility model law, proof of payment of the examination fee.
If the document is not written in a language in accordance with Article 7 (1) of the Law on utility models, the applicant shall also provide the registry authority with the Finnish or Swedish translation. However, in the case of a document other than an explanation or protection requirement, the registration authority may not require a translation or accept a translation into a language other than Finnish or Swedish.
Where an application for a utility model is submitted in accordance with Article 8 of the Law on utility model law, the application for a patent application or an application for a European patent must indicate when the application is based on: An application for a patent or a European patent has been submitted or is deemed to have been submitted and its application number. Copies of the documents necessary for the application for a patent application shall be accompanied by copies of the documents necessary for the application for a patent application, with the exception of copies, protection requirements and images. Where an application for a European patent is converted into a utility model application, the applicant shall submit all the documents relating to the application.
The suspension of registration under Article 18 of the law on utility model law shall be requested in the event of an application for a utility model or no later than two months after the date of submission.
In order to convert the application for a European patent in accordance with Article 8a of the Law on utility model law, the national utility model application shall apply mutatis mutandis, as provided for in Article 52 (r) and (52) of the Patent Regulation. As regards the application fee, Article 7 (2) of the Law on utility model law is respected.
The registration authority shall indicate the application number and date of application of the utility model.
Paragraph 7 has been repealed by A 27.10.2011/1099 .
If a notification is made to the registration authority that the invention to which a utility model has been applied has passed to another, this shall be entered in the logbook only if the transfer has been established.
In order to obtain the privileges referred to in Article 5 of the Law on utility model law, the applicant is required to request it in Finland for an application in Finland, stating where and when the notified application has been made and as soon as Possible its number. Where an application is made in accordance with Article 8 or 8a of the Law on utility model law, the request for an application shall be valid without a request for a separate application, including for a new application.
The Authority may, by way of an interim decision, invite the applicant to demonstrate, within the time-limits provided by the requested authority, the requested authority, on the date of application of the licence application lodged by the requested authority And the name of the applicant and a copy of the application certified by the same authority. A copy shall be issued in the form prescribed by the registry authority.
The privilege can only be based on the first application in which the invention is presented.
Where an application for a first application or an application for the same invention has subsequently been submitted to the same authority by the same authority, a subsequent application may be submitted on the basis of prior authorisation, provided that the prior The application had been withdrawn, lodged or rejected without being published, and had not been granted any right and was not the basis of the privilege. If the privilege has been granted on the basis of a subsequent application, it is no longer possible to rely on an earlier application to obtain the privilege.
A claim may be requested for a given application on the basis of a number of applications, including those made in different countries.
The protection 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.
An application for a utility model may include several protection requirements. If the application contains several protection requirements, they shall be presented in a row and numbered by running numbers. (22.12.1995/1701)
Each protective requirement shall contain only one invention. (22.12.1995/1701)
If an application for a utility model is applied to several inventions, they must be interdependent. In this case, there must be a technical link between all inventions, with 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. (22.12.1995/1701)
In assessing whether there is a technical link between inventions, it is not important to determine whether inventions are defined in separate protection requirements or as alternatives in a single safeguard. (22.12.1995/1701)
The protection requirement shall not include, in relation to the invention specified therein, the non-essential character of the applicant or the applicant's request for an exclusive right.
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 used in Finland in general.
Where biological material or biological material is to be used for the purposes of the invention, biological material and a sample of this biological material shall be deposited in accordance with Article 6 (2) of the Law on utility model law, the applicant shall: The application documents provide all information on the constituent elements of the material which are relevant and which are known to the applicant. The registration authority shall be informed of the deposit. Articles 17 (a), 17b (3) and (4), 17c and 25a, 25c and 25d of the Patent Regulation provide for the deposit of biological material, where applicable, for the deposit of biological material related to a utility model. (6.11.2008/701)
A picture means a drawing, a photograph, anything like that. The images must be so precise that they clearly show what they want to protect. The images must be black and white and recyclable. They can't be bigger than A4.
The protection requirement shall not be altered in such a way as to contain such that is not reflected in the original utility model application. If the requirement is amended to include new determinants, the applicant shall at the same time indicate the corresponding indication of the original application.
Where a number of inventions are presented in the original application documents, the applicant may submit applications for several applications. The new application by division cannot include anything that did not appear in the original application. (22.12.1995/1701)
If the application is divided because it involves one more independent invention, and there is no technical link between inventions, the new application shall be deemed to have been made at the same time as the original application only if the new application is No later than two months after the original application was reduced. (22.12.1995/1701)
The utility model is entered in the utility model register if it meets the requirements of Article 1 (2) to (4) and Articles 6 to 12 of the Law on utility models. (6.11.2008/701)
The register shall indicate:
1) the date number of the utility model application and the registration number of the utility model and the classes of international patent classification; (22.12.1995/1701)
(2) the name, address and address of the holder of the utility model right;
(3) where the holder of a utility model is represented by an agent, the name, domicile and address of the agent;
4. The name and address of the inventor;
5) the following dates:
(a) the date of submission of the application;
(b) where the application for a utility model was obtained in accordance with Article 8 of the Law on utility model law, by the conversion of the patent application, the date of application of the patent application;
(c) if the application is an international application, an international day and the date on which the application has been extended in accordance with Article 45d of the Law on utility model law, or on which the application is made pursuant to Article 38 of the Patents Act; The application number; (6.11.2008/701)
(d) if the application is submitted in accordance with Article 8 or 8a of the Law on utility model law, as a national application for a European patent, the date of submission of the European Patent Convention and the date on which the application was made; For conversion to the registration authority and the application number of the application for a European patent; (6.11.2008/701)
(e) the date of publication of the application documents;
(f) date of registration of the utility model;
(262.1996/119)(6) the privilege requested and the notification of the date and number of the application as the basis of the claim; (22.12.1995/1701)
(7) if the application is made by dividing the original application number; (22.12.1995/1701)
(8) whether an investigation has been carried out pursuant to Article 12 of the Law on utility model law; (22.12.1995/1701)
(9) where the invention concerns biological material or when the invention is carried out, biological material must be used, whether or not a sample of the biological material is deposited; and (6.11.2008/701)
10) Appointment and image of the invention. (22.12.1995/1701)
The registration authority shall publish a claim for protection in accordance with Article 17 (2) of the Law on utility model law when the utility model has become public.
The claim publication contains the first protection requirement and a possible picture. In addition, it contains the following information:
(1) the date number of the application, the registration number and categories;
(2) the name and address of the holder of the utility design right;
(3) the name, domicile and address of the prospective agent;
4. The name of the inventor;
(5) the name of the invention;
(6) the date and date of arrival of the application;
(7) if the application was made in accordance with Article 8 of the Law on utility modelling by the conversion of a patent application, the date of submission of such an application;
(8) if the application was made in accordance with Article 8 or 8a of the Law on utility model, by transforming the application for a European patent, the date of conclusion of the European Patent Convention and the date on which the application was made for conversion; The registration authority and the application number of the application for a European patent;
(9) if the application is an international application, an international day and the date on which the application has been extended in accordance with Article 45d of the Law on utility model law, or on which the application is made pursuant to Article 38 of the Patents Act, and the international The application number;
(10) the date of publication of the application documents;
(11) date of registration of the utility model;
(12) a request for preferential treatment and an indication of the date and number of the application as the basis of the notified application;
(13) if the application is made by dividing the number of the original application;
(14) whether an investigation has been carried out in accordance with Article 12 of the Law on utility model law; and
(15) if the application includes a deposit of biological material, an indication of the institution in which the deposit is located and the number the institution has given to the deposit.
In addition to the information referred to in Article 21 (2) of the Law on utility model law, the publication of a security claim shall be accompanied by an indication of when the registration authority has taken a final decision on the purchase of the purchase.
The registration of the utility model referred to in Article 17 of the law on utility models shall include the registration number of the utility model and the classes of international patent classification, the name of the invention and the necessary Pictures, the name of the proprietor of the utility model and the date number of the application and the indication as to whether an investigation has been carried out in accordance with Article 12 of that law.
Where the registration authority has been subject to a declaration of invalidity or has been notified of the lodging of an application for the transfer or expropriation of a utility model, it shall be marked as: A utility model registrar.
Where a copy of the decision on the settlement of the proceedings has been submitted to the registration authority, (100/2013) Article 23 of Chapter 4 Or in accordance with Article 44c of the Law on utility model law, or where the registration authority has, in the case referred to in paragraph 1, satisfied the requirement of a declaration of invalidity, it shall be entered into: A utility model registrar. In addition, the legal force obtained by the solution must be entered in the register.
The entry referred to in Articles 28 and 29 of the law on utility models shall include the name, domicile and address of the holder of the right, and the date of the transfer of the utility model, the release of the licence or the date of the pledge. In the case of a licence, it shall be significant, upon request, whether the holder of the utility model right has the right to grant other licences limited.
However, in the absence of an immediate solution to the question, the register shall indicate that the marking has been requested.
Accordingly, the provisions of paragraph 1 shall apply to the marking of the right referred to in Article 32 (1) of the compulsory licence and utility model law.
When the utility model is foreclosed, it shall be entered in the utility model register on the basis of a notification.
The register shall also indicate a change in the agent.
If, according to Article 33 (1) of the Law on utility models, the holder of the utility model is reneging on the registration of his utility model and if the licence for that model is entered in the register, the holder of the utility model shall: Inform and reserve a reasonable period of time for him to exercise his right to control the case before the utility model is removed from the register.
The registration renewal shall be entered in the utility model register.
The renewal notice shall indicate the registration number of the utility model, the beginning of the renewed protection period and the name and address of the holder of the utility model right.
Once the registration has ceased, the registration authority shall delete the utility model from the register.
Where the utility model has been removed from the register, or where the utility model has been transferred by a court decision to the other, the registry authority shall be obliged to do so.
The registry authority shall take into account all the facts which it receives in its examination of the invention in accordance with Article 12 (3) of the Law on utility model law. The investigation authority's investigation will be carried out by the Finnish, Finnish, Norwegian, Swedish, Danish, Danish, American, British, French, German and European Patent Office patents, and And international public patent applications. In addition, other available publications may be examined if it is considered appropriate. The registry authority shall notify the outcome of the investigation and shall deliver an opinion if the opinion has been expressly requested.
The Patents and Registration Board is the authority receiving international applications for the utility model when the applicant or one of the applicants is a Finnish national, a natural person domiciled in Finland, according to Finnish law A legal person or someone who exercises a movement in Finland.
For the purpose of receiving an international application for a utility model, the Authority shall apply mutatis mutandis the provisions of Articles 46 to 51 and 51a of the Patent Regulation. The extension of the international application for the Finnish utility model shall apply mutatis mutandis, as provided for in Articles 52 and 52a of the Patent Regulation.
An application for a utility model is classified in accordance with the international patent classification scheme.
The alerts on utility models shall be published in a publication submitted by the registry authority.
This Regulation shall enter into force on 1 January 1992.
This Regulation shall enter into force on 1 January 1996.
This Regulation shall apply to applications made after its entry into force.
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 December 2008.
This Regulation shall enter into force on 1 November 2011.
This Regulation shall enter into force on 1 September 2013.
