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- SOUTH AFRICA
COUNTRY : REPUBLIC OF FINLAND
CAPITAL : HELSINKI
LANGUAGE : FINISH & SWEDISH
The IPR office of Finland is known as the National Board of Patents & Registration of Finland (NBPR).
Protection to Inventions is provided at a two tier level in Finland:
- THROUGH NATIONAL REGISTRATION.
Direct Filing with the National Patent & Trademark office
- THROUGH EUROPEAN PATENT CONVENTION.
Kindly refer our guide on the European Patent Convention procedure
INTERNATIONAL TREATIES TO WHICH FINLAND IS SIGNATORY
- Paris Convention for the protection of industrial property
- Patent Co-operation Treaty PCT.
- Agreement on Trade Related Aspects of Intellectual Property Rights TRIPS.
- European Patent Commission.
- Budapest Treaty On The International Recognition of the Deposit of Micro Organisms For The Purposes of Patent Procedure.
PATENT LEGISLATION IN FINLAND:
IP LAW IN FINLAND
- Finland follows the Civil Law system
- Patents in Finland are governed by Finnish Patent Law 1997.
- Patents in Finland may be granted by the Finnish Patent Office
BASICS REGARDING PATENTABILITY OF INVENTIONS IN FINLAND:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application.
(ii). Inventive Step: An invention is said to contain an inventive step if for “a man skilled in the art it does not yield results in an obvious way from the state of the art”.
(iii). Industrial Application: of the invention would be “when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture”
INVENTIONS NOT PATENTABLE IN FINLAND:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers.
- Inventions contrary to public order & morals.
- Methods of treatment on humans and animals.
- Plant or Animal varieties or Bio processes for the production of plants or animals.
- Plant varieties, animal breeds, essential biological processes for the production of plants and animals.
PartityPatents Law Firms through its associates in Finland is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN FINLAND:
- Nationality of the applicant.
- Name & Address of the applicant.
- Description of the invention.
- Title of the invention , Prior state of the art, & the Technical area of the invention.
- A Request for grant of patent
- Application to be in Finnish or Swedish.
EXAMINATION OF THE PATENT APPLICATION IN FINLAND:
- Once the patent application is filed, it is scrutinised for defence & security aspects.
- Upon receipt of the patent application, its is subjected to preliminary examination
- Defects, amendments, corrections, if any, are to be rectified by the applicant within a stipulated period of time.
- Patent application is then published to which interested third parties may file their opposition.
- Applicant to request substantive examination to be carried out.
- Application in compliance with all the requisites and where no objections or opposition forthcoming, is registered and patent granted.
Post Patent grant by the European Patent Office (EPO), Patent needs to be validated in the member country as designated on the Patent application.
Patent Validation comprises of certain formalities and requirements per national laws of the designated country.
Parity Patent Attorneys and Associate Law Firms in Finland are at hand to help and assist you with Patent Validation.
RIGHTS OF THE PATENTEE IN FINLAND:
TERM AND KINDS OF PATENTS GRANTED IN FINLAND:
- Patents with a term of 20 yrs.
- Utility patents with a term of 10 yrs.
i) Patents confer on holders and his successors an exclusive right to work the invention.
ii) Patentee may authorise such uses of the patent through a contractual agreement with interested parties.
iii) Patentee may authorise the working of the patent either by a manufacturer or by an importer. iv) Patentee may even assign or licence the patent.
COMPULSORY LICENCES OF PATENTS IN FINLAND:
Compulsory Licenses may be granted when three years have lapsed since grant of the patent or four years have lapsed from the date of filing of the patent application under the following circumstances:
(i). Patented invention not catering to the needs and requirements of the domestic market.
(ii). Towards fulfilling of political & Social objectives.
(iii). Preventing patent holders from misusing their legal monopolies in a way that is economically damaging to the society.
(iv). When the patented invention is not worked or brought into use to a reasonable extent in Finland.
(v). When Interested persons are unable to obtain a licence to work the patented invention from the patentee.
(vi). Non-working patents, Dependent patents, Considerable Public Interests and national security concerns.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Finland, can assist you comprehensively with Compulsory Licence matters.