FINLAND (Unofficial translation)
Patents Act
No. 550 of December 15, 1967, as amended by Acts No. 575/71 of 2 July 1971, No. 407/80 of 6 June 1980, No. 387/85 of 10 May 1985 , No. 801/91 of 10 May 1991, No. 577/92 of 26 June 1992, No. 1034/92 of 13 November 1992, No. 1409/92 of 18 December 1992, No. 593/94 of 28 June 1994, No. 717/95 of 21 April 1995, No. 1695/95 of 22 December 1995, No. 243/97 of 21 March 1997, No. 650/00 of 30 June 2000, No. 990/04 of 19 November 2004, No. 896/05 of 18 November 2005, 295/06 of 21 April 2006 and 684/2006 of 21 July 2006.
Chapter 1
General Provisions
Section 1 (30.6.2000/650) Anyone who has, in any field of technology, made an invention which is susceptible of industrial application, or his or her successor in title, is entitled, on application, to a patent and thereby to the exclusive right to exploit the invention commercially, in accordance with this Act.(18.11.2005/896)
Section 1 a (30.6.2000/650) The human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot constitute patentable inventions.
Section 1 b (30.6.2000/650) Patents shall not be granted for inventions the commercial exploitation of which would be contrary to ordre public or morality.
Section 2 (6.6.1980/407) Patents may only be granted for inventions which are new in relation to what was known before the date of filing of the patent application and which also differ essentially from them. (18.11.2005/896)
Everything made available to the public in writing, in lectures, by public use or otherwise is considered as known. Also, the contents of a patent application filed in this country before said filing date are considered as known if that application becomes available to the public pursuant to Section 22. Similarly, the contents of a utility model application filed in this country before the filing date of the patent application are deemed to have become known if the utility model application becomes available to the public pursuant to Section 18 of the Act on Utility Model Rights (800/1991). The condition in subsection (1) that the invention must differ essentially from what was known before the filing date of the patent application, does not, however, apply in respect of the contents of such patent or utility model applications. (18.11.2005/896)
Applications referred to in Chapter 3 shall, for the purposes of subsection (2), in certain cases have the same effect as patent applications filed in this country, pursuant to provisions laid down in Sections 29 and 38.
The provision in subsection (1) above, requiring that an invention be new, shall not preclude the grant of patents for known substances or compositions for use in a method referred to in Section l (3), provided that the use of the substance or composition is not known for such method.
Patents may be granted, however, for inventions made available to the public within the six months preceding the filing date of the application if disclosure was the result of:
(1) an evident abuse in relation to the applicant or his predecessor in title; or
(2) the fact that the applicant or his predecessor in title had displayed the invention at an official, or officially recognized, international exhibition falling within the terms of the Convention on International Exhibitions signed at Paris on November 22, 1928 (Finnish Treaty Series 36/37).
Section 3 (6.6.1980/407) The exclusive right conferred by a patent shall imply, with the exceptions stated below, that no one may exploit an invention, without the proprietor's consent, by:
(4) examinations or experiments or measures arising from practical demands which are needed for an application to obtain a marketing authorisation for a medicinal product and which relate to the invention concerning that medicinal product (21.4.2006/295); or
(5) preparation in a pharmacy of a medicine prescribed by a physician in individual cases or treatment given with the aid of a medicine so prepared.
Section 3 a (30.6.2000/650) The protection conferred by a patent on a biological material possessing specific characteristics as a result of the invention shall extend to any biological material derived from that biological material through propagation or multiplication in an identical or divergent form and possessing those same characteristics.
Section 3 b (30.6.2000/650) By way of derogation from the provisions of Section 3 a, subsections (1) to (3), the sale or other form of commercialisation of plant propagating material to a farmer by the holder of the patent or with his consent for agricultural use implies authorisation for the farmer to use the product of his harvest for propragation or multiplication by him on his own farm, the extent and conditions of this derogation corresponding to those under Article 14 of Council Regulation (EC) No 2100/94 on Community plant variety rights.
Section 4 Any person who, at the time the patent application was filed, was commercially exploiting the invention in this country may continue to do so, notwithstanding the grant of a patent, provided that the general nature of such previous exploitation is maintained and that the exploitation does not constitute an evident abuse in relation to the applicant or his predecessor in title. Such right of exploitation shall also be afforded, subject to the same conditions, to any person who has made substantial preparations for commercial exploitation of the invention in this country.
The right afforded under subsection (1) above can only be transferred to other parties together with the business in which it originated or in which exploitation was intended to take place.
Section 5 Notwithstanding the patent, an invention may be exploited on foreign vessels, aircraft or other means of transport for their own needs when temporarily entering Finland in regular traffic or otherwise.
Section 6 (6.6.1980/407) A patent application relating to an invention disclosed not earlier than 12 months before the date of filing in an application for a patent or a utility model filed in Finland or in an application for a patent, an inventor's certificate or utility model protection filed in another state party to the Paris Convention for the Protection of Industrial Property (Finnish Treaty Series 36/10 and 43/15) or to the Agreement Establishing the World Trade Organization (Finnish Treaty Series 5/95) shall be deemed, for the purposes of subsections (1), (2), (4) and (5) of Section 2 and of Section 4, to have been filed at the same time as the earlier application, if the applicant so requests. Such priority may also be enjoyed under an earlier application for protection filed in a state not party to the above agreements, if the corresponding priority deriving from a Finnish application is granted in such state and if the laws of such state substantially conform to the above agreements. (18.11.2005/896)
Chapter 2
The Processing of Patent Application and the Opposition Procedure
(21.3.1997/243)
Section 7 (6.6.1980/407) "Patent Authority" shall mean the Patent Authority of Finland unless otherwise stated. The Patent Authority of Finland is the National Board of Patents and Registration of Finland, pursuant to provisions laid down separately.
Section 8 Applications for patents shall be filed in writing with the Patent Authority or, in the cases referred to in Chapter 3, with the patent authority of another country or with an international organization.
Section 8 a (30.6.2000/650) Where an invention concerns biological material or the carrying out thereof involves the use of a biological material which neither is available to the public nor can be described in the application documents in such a manner as to enable a person skilled in the art to carry out the invention, a sample of the biological material shall be deposited no later than on the date the application was filed. The biological material shall be continuously on deposit thereafter so that any person entitled under this Act to a sample of the deposited material may have the sample furnished in Finland. The Government shall decree where deposits may be made.
Section 8 b (18.11.2005/896) The Patent Authority must accord a filing date for a patent application, if:
(1) the application contains an indication that its elements are intended to be a patent application;
(2) the application contains indications allowing the identity of the applicant to be established or allowing the applicant to be contacted by the Authority; and
(3) the documents submitted on filing the application contain anything that can be regarded as a description or a drawing, or the application contains a reference to an earlier filed patent or utility model application and the applicant has submitted information on the filing date of the patent or utility model application, the serial number and the patent authority with which the application was filed.
If the applicant has not complied with the provisions of subsection (1) for being accorded a filing date for the application, the applicant is invited to correct the deficiencies within a time limit laid down by the Patent Authority. If the applicant fails to correct the deficiencies within that time limit or if the Authority has failed to contact the applicant within two months of the receipt of the application, the application is deemed not to have been filed.
If the applicant, to be accorded a filing date, has, within the time limit provided in subsection (2), corrected all deficiencies contained in the application, the date on which all deficiencies have been corrected will be taken to be the filing date.
Section 8 c (18.11.2005/896) If an application which has been filed in compliance with the provisions of section 8b is defective and the Patent Authority finds that an element or elements of the description or the drawings to which reference is made in the description or the patent claims are missing, the applicant is invited to supplement his or her application within the limit laid down by the Patent Authority. If the missing elements are furnished within that time limit, the date on which all deficiencies have been corrected will be taken to be the filing date, unless otherwise specified in subsections (2) and (3).
If the subsequently furnished elements referred to in subsection (1) are cancelled within one month from the date of furnishing, the original filing date will be taken to be the filing date.
If the missing elements are furnished in compliance with the provisions of subsection (1) and priority is claimed from an earlier application and the missing elements in their entirety appear from that application, the date of the initial filing will be taken to be the filing date, if the applicant so requests and submits a copy of the application given as the basis of priority within the time limit laid down in subsection (1).
Section 9 (6.6.1980/407) If the applicant so requests and pays the prescribed fee, the Patent Authority shall, under conditions laid down by Government decree, arrange for a novelty search by the International Searching Authority under Article 15(5) of the Patent Cooperation Treaty done at Washington on June 19, 1970.
Section 10 A patent may not be applied for in respect of two or more inventions that are independent of one another in the same application.
Section 11 If a patent is applied for in respect of an invention disclosed by the applicant in an earlier application on which no final decision has been given, the later application shall, at the request of the applicant and on the conditions laid down by the Government, be deemed to have been filed at the time the documents disclosing the invention were filed with the Patent Authority.
Section 12 An applicant not domiciled in the country shall be required to appoint a representative residing in the European Economic Area to represent him in matters concerning the application. (30.6.2000/650)
Section 13 (21.3.1997/243) An application for a patent may not be amended in such a way that protection is claimed for matter not disclosed in the application at the time it was filed.
Section 14 Repealed 21.3.1997/243
Section 15 If the applicant fails to satisfy the requirements for the application or if the Patent Authority has other objections to acceptance of the application, the applicant shall be notified thereof by official action and be invited to file his response or to correct the application within the specified period of time. The Patent Authority may, however, make such changes to the abstract as it deems necessary without consulting the applicant. (6.6.1980/407)
Section 16 If, after the applicant has filed his observations, there still remains an obstacle to acceptance of the application which the applicant has had an opportunity to comment on, the application shall be rejected, unless there is reason to issue a further official notification to the applicant.
Section 17 If a person other than the applicant claims before the Patent Authority that he has proper title to the invention and if the circumstances are held to be uncertain, the Patent Authority may invite such person to institute proceedings before a court of law within a period of time to be laid down, failing which the claim may be disregarded in the further processing of the patent application.
Section 18 If a person proves to the Patent Authority that he and not the applicant has proper title to the invention, the Patent Authority shall, if such person so requests, transfer the application to him. The transferee shall pay a new application fee.
Section 19 (21.3.1997/243) If the application satisfies the formal requirements and no obstacle is found to acceptance of the application, the patent authority shall notify the applicant that the application can be accepted.
Section 20 (21.3.1997/243) Once the applicant has done what is required of him under Section 19, the Patent Authority shall accept the application, provided that there is still no obstacle. The acceptance of the application shall be announced.
Section 21 (21.3.1997/243) From the date on which the patent is granted, copies of the printed patent specification containing the description, claims and abstract, and giving also the names of the proprietor of the patent and the inventor, shall be obtainable from the Patent Authority.
Section 22 The documents concerning a patent shall be available to the public as from the date on which the patent was granted. (21.3.1997/243)
Section 23 (21.3.1997/243) If an application which has been made available to the public is dismissed or rejected, the decision shall be announced once it has become final.
Section 24 (21.3.1997/243) Any person may file an opposition against a granted patent. The opposition must be submitted to the Patent Authority within nine months of the date of the grant of the patent. The opposition must be filed in writing and specify the grounds on which it is made.
Section 25 (30.6.2000/650) The Patent Authority shall revoke a patent on account of an opposition:
Section 26 (21.3.1997/243) An applicant may appeal against a final decision taken by the Patent Authority on a patent application if the decision is not in his favour. A patent proprietor or a person who lodged an opposition may appeal against a final decision taken by the Patent Authority on account of an opposition if the decision is not in his favour. Such appeal may be examined, even if the person who lodged the opposition withdraws his appeal, where special circumstances warrant.
Section 27 (21.3.1997/243) Appeals from final decisions referred to in section 26 must be lodged with the Board of Appeal of the National Board of Patents and Registration of Finland. Separate provisions apply to the appealing procedure and the processing of cases in the Board of Appeal. (18.11.2005/896)
27(2) repealed (18.11.2005/896)
Chapter 3
International Patent Application
(6.6.1980/407)
Section 28 (6.6.1980/407) "An international application" shall mean an application made under the Patent Cooperation Treaty.
Section 29 (6.6.1980/407) An international application to which a receiving Office has assigned an international filing date has the same effect in Finland as a Finnish application filed on the same date. The second sentence in Section 2(2) applies only to an international application that has been pursued under Section 31. (18.11.2005/896)
Section 30 (6.6.1980/407) An international application shall be deemed withdrawn as far as the designation of Finland is concerned in the cases referred to in Article 24(1)(i) and (ii) of the Patent Cooperation Treaty.
Section 31 (10.5.1985/387) Where an applicant wishes to pursue an international application in Finland, he shall file with the Patent Authority a translation into Finnish or Swedish of the international application within 31 months of the international filing date or, where priority is claimed, of the priority date, to the extent prescribed by Government decree, or a copy of the application where it is written in Finnish or Swedish. The applicant shall pay the prescribed fee to the Patent Authority within the same period. (19.11.2004/990)
If the applicant has paid the prescribed fee within the time limit laid down in subsection (1, the required translation or a copy of the application may be filed within a further period of two months, provided the prescribed additional fee is paid within that same period.
If the applicant does not satisfy the requirements of this Section, the application shall be deemed withdrawn as far as Finland is concerned. (19.11.2004/990)
Section 32 has been repealed on 1 January 2005 (990/2004)
Section 33 (6.6.1980/407) Where an international application has been pursued under Section 31, Chapter 2 shall apply in respect of the application and examination unless otherwise provided in this Section or in Sections 34 to 37. However, the application may be taken up for examination prior to expiration of the period laid down in Section 3l(1) only if so requested by the applicant. (19.11.2004/990)
Section 34 (21.3.1997/243) A notice referred to in Section 19 (1) concerning acceptance of an international patent application may not be given, nor may such patent application be rejected before expiration of the time limit laid down by the Government, unless the applicant agrees to an earlier ruling on the application.
Section 35 (21.3.1997/243) An international application may not, without the consent of the applicant, be published, in printed form or another similar way, nor may a patent be granted on an invention that is the subject matter of such application by the Patent Authority before its publication by the International Bureau of the World Intellectual Property Organization or before the expiration of a period of 20 months after the international filing date or, where priority is claimed, after the priority date. (18.11.2005/896)
Section 36 (6.6.1980/407) Where a part of an international application has not been the subject of an international search or an international preliminary examination on the grounds that the application is held to include independent inventions and the applicant has not paid the additional fee laid down by the Patent Cooperation Treaty within the prescribed period, the Patent Authority shall ascertain whether the decision not to conduct a search or an examination was correct. Where the Patent Authority considers that the decision was correct, that part of the application that has not been the subject of a search or an examination shall be deemed withdrawn before the Patent Authority unless the applicant pays the prescribed fee within two months of the date on which he receives notification of the Patent Authority's decision. Where the Patent Authority considers the decision to have been incorrect, it shall proceed with examination of the application in its entirety.
The applicant may appeal against a decision taken under subsection (1) in the cases where the Patent Authority has found that the application includes independent inventions. Section 27(1) is to apply with the necessary changes. (18.11.2005/896)
Section 37 (6.6.1980/407) Where a part of an international application has not been the subject of an international preliminary examination because the applicant has restricted the claims after being invited by the International Preliminary Examining Authority either to restrict his claims or to pay an additional fee, that part of the application not examined shall be deemed withdrawn before the Patent Authority unless the applicant pays the prescribed fee within two months of the date he received the corresponding notification from the Patent Authority.
Section 38 (6.6.1980/407) Where a receiving Office has refused to accord an international filing date to an international application or has stated that the application is to be deemed withdrawn or that designation of Finland is to be deemed withdrawn, the Patent Authority must review the decision if the applicant so requests. The same applies to any decision by the International Bureau to the effect that an application is deemed withdrawn. (18.11.2005/896)
Where the Patent Authority finds that the decision by the receiving Office or by the International Bureau was incorrect, it must examine the application as provided in Chapter 2. If the receiving Office has not accorded an international filing date, the application is to be deemed to have been filed on the date that the Patent Authority considers should have been accorded as the international filing date. Where the application satisfies the requirements as to form and contents laid down by the Patent Cooperation Treaty and its Regulations, it must be accepted in that respect. (18.11.2005/896)
Chapter 4
The Scope and Term of a Patent
Section 39 The scope of protection conferred by a patent shall be determined by the claims. The description may serve as guidance for interpreting the claims.
Section 40 (6.6.1980/407) A granted patent may be maintained for 20 years from the date on which the application was filed.
Chapter 5
Renewal fees
(10.5.1985/387)
Section 41 (10.5.1985/387) The renewal fee shall be payable on the last day of the calendar month during which the fee year begins. The renewal fees for the first two years, however, shall not become payable until the fee for the third fee year is due. renewal fees may not be paid earlier than six months before the due date.
For a later application under section 11, the renewal fees for fee years which have begun before the date of receipt of the later application, or which begin within two months of the date of receipt, become in no event due until the last day of the second month following the date of receipt. The renewal fees for an international application in respect of fee years which have begun before the date on which the application was pursued under section 31 or was taken up for processing under section 38 or which begin within two months of such date become in no event due until the last day of the month that falls two months after the date on which the application was pursued or otherwise prosecuted. (18.11.2005/896)
Section 42 (10.5.1985/387) Where the applicant or proprietor of the patent is the inventor and if he experiences serious difficulty in paying the renewal fees, the Patent Authority may grant him respite in respect of payment if he makes a corresponding request no later than the date on which renewal fees become due for the first time. Respite may be granted for up to three years at a time, but at most up to the third year that has elapsed following grant of the patent. A request for prolongation of respite must be made before the existing respite has expired.
Chapter 6
Assignment, Licences and Compulsory licences
Section 43 Where the proprietor of the patent has granted another person the right to exploit the invention commercially (a licence), the licensee shall not be entitled to assign his right to a further party, except as otherwise agreed.
Section 44 The transfer of patents and the grant of licences shall be recorded, on request, in the Patent Register. The same shall apply to the pledging of a patent.
Section 45 Where three years have elapsed since the grant of the patent and four years have elapsed from the filing of the application, and if the invention is not worked or brought into use to a reasonable extent in Finland, any person who wishes to work the invention in Finland may obtain a compulsory licence to do so unless legitimate grounds for failing to work the invention may be shown. (22.12.1995/1695)
Section 46 The proprietor of a patent for an invention whose exploitation is dependent on a patent held by another person may obtain a compulsory licence to exploit the invention protected by such patent if deemed reasonable in view of the importance of the first-mentioned invention or for other special reasons.
Section 46 a (30.6.2000/650) Where a breeder cannot acquire or exploit a plant variety right without infringing a prior patent, he may apply for a compulsory licence for non-exclusive use of the invention protected by the patent inasmuch as the licence is necessary for the exploitation of the plant variety to be protected, subject to payment of an appropriate royalty. Where such a licence is granted, the holder of the patent will be entitled to a cross-licence on reasonable terms to use the protected variety.
Section 47 In the event of considerable public interest, a person who wishes to exploit commercially an invention for which another person holds a patent may obtain a compulsory licence to do so.
Section 48 Any person who was commercially exploiting in this country an invention which is the subject of a patent application, at the time the application documents were made available under Section 22, shall, if the application results in a patent, be entitled to a compulsory licence for such exploitation, provided there are special reasons for this and also provided that he had no knowledge of the application and could not reasonably have obtained such knowledge. Such a right shall also be enjoyed, under corresponding conditions, by any person who has made substantial preparations for commercial exploitation of the invention in this country. Compulsory licences may also relate to the period of time preceding the grant of the patent.
Section 49 (22.12.1995/1695) A compulsory licence may only be granted to a person deemed to be in a position to exploit the invention in an acceptable manner and in accordance with the terms of the licence who, before filing a claim for a compulsory licence, has made a verifiable effort to obtain, on reasonable commercial terms, a licence to the patented invention. A compulsory licence shall not prevent the proprietor of the patent from exploiting the invention himself or from granting licences under the patent. A compulsory licence may only be transferred to a third party together with the business in which it is exploited or was intended to be exploited.
Section 50 Compulsory licences shall be granted by a court of law, which shall also decide the extent to which the invention may be exploited and shall determine the remuneration to be paid and any other conditions under the licence. In the event of a substantial change in the circumstances, the court may, on request, revoke the licence or lay down new conditions.
Chapter 7
Termination of the Patent
Section 51 (10.5.1985/387) If the renewal fee under Sections 40, 41 and 42 is not paid, the patent shall lapse as from the start of the fee year for which the fee has not been paid.
Section 52 (6.6.1980/407) The court shall declare a patent invalid, in a relevant action:
A patent may not be declared invalid on the grounds that the patentee was entitled to a specified part of it only.
Section 53 Where a patent has been granted to a person other than the person entitled to the patent under Section 1 and where proceedings are instituted by that entitled party, the court shall transfer the patent to that party. Section 52 (5) shall apply with respect to the time limit within which proceedings shall be instituted. (18.11.2005/896)
Where the person deprived of the patent had, in good faith, begun commercial exploitation of the invention in this country or had made substantial preparations for exploitation, he shall be entitled, against reasonable remuneration and on other reasonable terms, to continue the exploitation already begun or to commence the intended exploitation, provided that its general nature is maintained. Subject to the same conditions, a holder of a licence recorded in the Patent Register shall have the same rights.Section 53a (18.11.2005/896) The holder of a patent may apply for the limitation of the patent by filing a written request in respect of it to the Patent Authority. The request for limitation must contain:
(1) the name and address of the patent holder;
(2) the registration number of the patent;
(3) the limited patent claims, as well as the description and drawings, if they have been amended;
(4) if the patent holder has appointed a representative, the name, domicile and address of the representative: and
(5) the handling fee.
If the provisions in subsection (1) are not complied with, the Patent Authority invites the applicant to remedy the deficiencies within a given time limit. If the invitation is not complied with within the time limit given, the request will be rejected. The applicant is entitled to appeal from such decision.
If the opposition procedure has not been completed, or an invalidation action under Section 52 is pending in Court, the request will not be admitted. The handling fee paid by the applicant is in this case returned to him or her.
If an opposition is filed against a patent or an action is brought for invalidation of the patent after a request for limitation but before the decision concerning the limitation gains legal force, the limitation procedure is terminated.
Section 53b (18.11.2005/896) The condition for acceptance of a request to limit a patent before a Patent Authority or a Court is that the patent to be limited in accordance with the request meets the following conditions:
(1) the patent refers to an invention which is presented with sufficient clarity for a person skilled in the art to use the invention;
(2) the patent does not involve anything that does not appear from the application when it was filed; and
(3) the scope of protection of the patent has not been extended from the scope of protection of the patent granted or from the previously taken decision of the scope of protection.
Section 53c (18.11.2005/896) If a patent holder has requested from the European Patent Office the limitation of the patent in accordance with article 105 a of the European Patent Convention (Finnish Treaty Series 8/1996), the Patent Authority shall postpone the processing of the request for limitation under 53a(1) until the European Patent Convention has taken a final decision in the matter.
If the patent holder has requested from the European Patent Office the termination of the patent in accordance with Article 105 a of the European Patent Convention, the Patent Authority must postpone the handling of the cancellation procedure under Section 54 until the European Patent Convention has taken a final decision in the matter.
If the patent has been seized or a dispute is pending on the transfer of the patent, the Patent Authority must postpone the handling of the request under 53a(1) and the notice under Section 54 until the seizure has lapsed or a final decision has been taken on the dispute concerning the transfer of the patent.
Section 53d (18.11.2005/896) If the Patent Authority considers that there is an obstacle to the approval of the request under 53a(1), the patent holder must be provided an opportunity to give his statement in the matter. If the Patent Authority, notwithstanding the statement, considers that the request cannot be granted, the statement must be refused and the patent remained in force in a non-amended form. The patent holder is entitled to appeal from the final decision of the Patent Authority, if the decision is against him.
If the Patent Authority considers that there is no obstacle to the grant of a request under 53a(1), the patent shall be limited in accordance with the request. A public notice in accordance with Section 55 must be given of the decision to approve the limitation. The Patent Authority must, from the date of giving public notice, keep available to the public the amended patent publication, which contains the description of the limited patent, drawings, if any, and the limited patent claims as well as an announcement of the patent holder. The Patent Authority must see to it that the limited patent claims are, where necessary, available in both Finnish and Swedish. The applicant must pay an established translation fee.
Section 53e(18.11.2005/896) The legally valid decision under 53d(2) concerning the approval of the limitation taken by the Patent Authority and the legally valid decision under 53d(2) to limit the patent, taken by the Court, will be in force as from the filing date of the patent application.
Section 53f(18.11.2005/893) If the patent holder withdraws the request for limitation under section 53a(1), the limitation procedure will be discontinued finally starting from the said date. The request for limitation may not be cancelled once the final decision to approve the limitation has been taken.
Section 54 Where the proprietor of a patent surrenders his patent in writing to the Patent Authority, that Authority shall declare the patent to be terminated in its entirety. The patent will be considered to have expired as from the filing date of the patent application. The patent holder is entitled to appeal from the final decision taken by the Patent Authority, if the decision is against him. (18.11.2005/896)
Where a patent is in distraint or if a litigation is pending on the transfer of a patent, the patent may not be declared terminated while the distraint is effective or before a final decision is given in the proceedings. The same shall apply if a pledge has been recorded in the Patent Register.Section 55 (18.11.2005/896) Where a patent has lapsed, expired or been limited, or when it has been declared invalid by a final court decision, or been transferred, the Patent Authority shall publish an announcement of that fact.
Chapter 8
Obligation to Provide Information
Section 56 An applicant who invokes his patent application against another person before the documents in the application file have become available under Section 22 shall be required, on request, to allow such person to have access to the documents. If the patent application includes the deposit of a biological material under Section 8a, such consent shall also include the right to obtain a sample of the deposit. The second and third sentences of subsection (6) and subsections (7)and (8)of Section 22 shall apply in the event of a person wishing to obtain a sample on the basis of such consent. (30.6.2000/650)
Chapter 9
Liability, Obligation to Pay Compensation and Court Proceedings
Section 57 The court may forbid any person who infringes the exclusive right afforded by a patent (patent infringement) from continuing or repeating the act.
Section 57a (22.12.1995/1695)If a patent has been granted for a process for obtaining a product, any identical product produced without the consent of the proprietor of the patent shall, in the absence of proof to the contrary, be deemed to have been obtained by the patented process. In the adduction of proof to the contrary, the legitimate interests of defendants in protecting their manufacturing and business secrets shall be taken into account.
Section 57b (21.7.2006/684) When hearing an action referred to in Section 57(1) the court may at the patent holder’s request prohibit the keeper of a transmitter, server or other similar device or other service provider acting as an intermediary, under penalty of a fine, from continuing the use alleged to infringe the patent (injunction order) unless it can be considered disproportionate in view of the rights of the alleged infringer of the patent or in view of the rights of the intermediary or patent holder.
Before the bringing of an action referred to in Section 57(1) the court referred to in that subsection may, at the patent holder’s request, issue an injunction, if the preconditions for that set out in subsection 1 exist and if it is obvious that the realisation of the patent holder’s rights otherwise would be seriously endangered. The court must provide both for the party against whom the injunction is sought and for the party who is claimed to infringe the patent an opportunity to be heard. Communications to the parties against whom the injunctions have been sought may be delivered by mail or by facsimile or e-mail. Otherwise the provisions of Chapter 8 of the Code of Judicial Procedure apply to the processing of the case.
The court may, on request, issue the injunction referred to in subsection (2) as an interlocutory injunction without hearing the alleged infringer, if the urgency of the case of necessity requires that. The injunction remains in force until ordered otherwise. After the injunction is issued, the alleged infringer must without delay be provided an opportunity to be heard. When the alleged infringer has been heard, the court must decide without delay whether to keep the injunction in force or withdraw it.
An injunction issued under this section must not endanger the right of a third party to send and receive messages. Subject to the provisions of Chapter 7, section 7, of the Code of Judicial Procedure, the injunction comes into force when the plaintiff gives the bailiff the security referred to in Chapter 7, Section 16, of the Execution Act (37/1895). An injunction issued under subsection (2) or (3) of this Section lapses if the action referred to in section 57(1) is not brought within a month from the issuance of the injunction.
The party who has demanded the injunction must compensate the party against whom the injunction is issued as well as the alleged infringer for the damage caused by the implementation of the injunction and for any other costs resulting from the case if the action referred to in Section 57(1) is rejected or ruled inadmissible, or if the processing of the case is removed from the cause list because the plaintiff has abandoned his/her action or failed to arrive to the court. The same applies if the injunction is withdrawn under subsection (3) or lapses under subsection (4). When an action is brought for compensation for damage and costs, the provisions of Chapter 7, Section 12, of the Code of Judicial Procedure apply.
Section 58 Any person who intentionally or negligently infringes a patent shall be liable to pay reasonable compensation for the exploitation of the invention and damages for other injury caused by the infringement. In the case of slight negligence, the compensation may be adjusted accordingly.
Section 59 At the request of the party injured by patent infringement, the court may order, to the extent deemed reasonable for the prevention of further infringement, that patented products manufactured without the consent of the proprietor of the patent, or objects whose use would constitute patent infringement, shall be altered in a specified manner or be impounded for the remainder of the term of the patent or be destroyed or, in the case of patented products, be surrendered against payment of their value to the injured party. This provision shall not apply to anyone who has acquired such objects of property or special rights in respect of such objects in good faith and who has not himself infringed the patent.
Section 60 (21.3.1997/243) Where any person commercially exploits an invention which is the subject of a patent application after the application documents have been made available under Section 22, the provisions on patent infringement shall apply mutatis mutandis, if the application results in a patent. However, until a patent has been granted under Section 20, protection shall extend only to the subject matter disclosed both in the claims as worded when the application became available to the public and in the claims according to the patent. There shall be no liability to punishment, and damages arising from exploitation prior to the granting of the patent may be assessed only on the basis of Section 58 (2).
The provisions of section 58(3) concerning damages do not apply if action for compensation is brought within one year of the period for lodging an opposition concerning the patent or, if an opposition has been lodged, within a year from the date of a final decision to maintain the patent. (18.11.2005/896)
Section 60a (21.7.2006/684) In a dispute that concerns an infringement of a patent the court may, at the plaintiff’s request, order the defendant to compensate the plaintiff for the cost occurred to him/her for publishing, by taking suitable measures, information concerning the final decision in which the defendant is found to have infringed the patent right. Such an order may not be given if the dissemination of the information is limited elsewhere in the law. In considering the issuance and contents of the order, the court must pay attention to the general significance of the publication of the issue, the kind and scope of the infringement, the costs involved in the publishing process and other corresponding facts.
The court lays down a maximum amount for the reasonable publishing cost to be paid by the defendant. The plaintiff is not entitled to the compensation if information about the decision has not been published within a period laid down by the court counted from the date when the final decision was issued.
Section 61 If a patent has been revoked by a final decision or declared invalid by a final decision, no punishment, compensation or other sanction laid down in Section 57, 57 a, 57 b, 58-60 or 60 a may be imposed. (21.7.2006/684)
Section 62 Any person who by intention or negligence, other than slight negligence, fails to comply with Section 56 shall be sentenced to a fine.
Section 63 The proprietor of a patent or any person authorized to exploit an invention under licence may bring an action before the court for a declaratory judgment to establish whether he enjoys protection against other parties on the basis of the patent in the event of uncertainty that may be prejudicial to him.
Section 64 Any person who wishes to bring an action for invalidation of a patent, transfer of a patent or grant of a compulsory licence shall advise the Patent Authority thereof and shall notify all persons recorded in the Patent Register as licensees or pledgees thereof. If a licensee wishes to bring an action for infringement or for a declaratory judgment under Section 63 (1), he shall notify the proprietor of the patent thereof.
Section 65 The District Court of Helsinki shall be competent to hear proceedings in respect of: (22.12.1995/1695)
Section 65 a (22.12.1995/1695) A final decision taken by a court of a Contracting State of the European Patent Convention in a dispute referred to in Section 65 (2) is enforceable in Finland. A court decision passed on the applicant for a European patent, is not, however, enforceable in Finland, if the writ of summons has not been duly served to him or if he has not been afforded a sufficient time for preparing himself for the court proceedings.
Section 66 In proceedings pursuant to Section 65, the District Court shall be assisted by two technical experts to be appointed by the Court. The experts shall give their views on the matters submitted to them by the Court. Their views shall be entered in the record. The experts shall be entitled to question the parties and the witnesses.
Section 67 The District Court shall appoint an appropriate number of experts as referred to in Section 66 for each calendar year. Before making the appointments, the Court shall request the opinion of the Technical Research Centre of Finland. Such appointment may not be refused without statutory justification. (21.3.1997/243)
Section 68 At the request of the plaintiff, the Court may grant an interlocutory injunction on use of the patent or may order that the objects of property referred to in Section 59 be provisionally seized for the duration of the proceedings.
Section 69 In proceedings for invalidation of a patent, the Court shall request the view of the Patent Authority.
Section 70 Copies of decisions under Section 65 shall be communicated by the court to the Patent Authority with a statement as to whether the decision has become final.
Chapter 9 a
Supplementary Protection Certificates
(21.3.1997/243)
Section 70 a (21.3.1997/243) Provisions on Supplementary Protection Certificates are given in the Council Regulation (EEC) No 1768/92 providing for the creation of a supplementary protection certificate for medicinal products and in the European Parliament and Council Regulation (EC) No 1610/96 concerning the adoption of a supplementary protection certificate for plant protection products. In addition, the provisions of this Chapter shall apply in respect of supplementary protection certificates.
Section 70 b (28.6.1994/593) Applications for supplementary protection certificates shall be filed with the National Board of Patents and Registration of Finland.
Section 70 c (28.6.1994/593) The applicant shall pay the prescribed application fee. The proprietor of the certificate shall pay the prescribed renewal fee for the supplementary protection certificate.
Section 70 d (28.6.1994/593) Provisions concerning infringement of patent rights apply to infringement of rights conferred by a supplementary protection certificate.
Section 70 e (28.6.1994/593) More specific regulations concerning implementation of the provisions of this Chapter and the procedure to be followed in applying for and granting supplementary protection certificates may be decreed by the Government.
Chapter 9 b
European Patent and Application for European Patent
(22.12.1995/1695)
Section 70 f (22.12.1995/1695) For the purposes of this Act, a European patent is a patent which has been granted by the European Patent Office under the European Patent Convention. A European patent application is a patent application filed under said Convention.
Section 70 g (22.12.1995/1695) A European patent is granted when the European Patent Office has announced its decision to allow the patent application. The European patent having effect in Finland has the same legal effect as a patent granted by the Finnish Patent Authority and is also otherwise subject to the same conditions as such patent, unless otherwise provided for in this Chapter.
Section 70 h (22.12.1995/1695) A European patent has effect in this country only if the applicant or patent proprietor has supplied, within the prescribed period, to the Patent Authority a translation into Finnish of the documents forming the basis for granting the patent, and within the same period has paid the prescribed fee for printing the translation, as stipulated in more detail by decree. If the applicant's or patent proprietor's own language is Swedish, the translation may, however, be filed in Swedish. If the European Patent Office rules that a European patent shall be maintained with amended wording this shall also apply with respect to the amended documents.
Section 70 i (22.12.1995/1695) The provisions of Section 71a(1) correspondingly apply to filing of a translation under Section 70h(1) and payment of a fee for printing the translation. If it is decided under Section 71a(1) that the act shall be deemed to have been completed within the prescribed time limit, the Patent Authority shall without delay make an announcement to that effect both in Finnish and Swedish.
Section 70 j (22.12.1995/1695) The provisions of Section 52(1)(4), concerning extension of scope of patent protection, shall also apply to a European patent if the scope of patent protection has been extended after the grant of the European patent.
Section 70 k (22.12.1995/1695) If the European Patent Office has revoked a European patent in its entirety or in part, this revocation shall have effect as if the patent in this country were declared invalid to the corresponding extent. The Finnish Patent Authority shall without delay announce the revocation both in Finnish and Swedish.
Section 70 l (22.12.1995/1695) Prescribed renewal fees shall be paid for each fee year beginning after the year in which the European Patent Office announced its decision to allow the patent application.
If a renewal fee for a European patent is not paid according to the provisions in subsection (1)above and Section 41, Section 51 applies correspondingly. The first renewal fee is not, however, due for payment until the last day of the third month following the month the patent was granted. (18.11.2005/896)
Section 70 m (22.12.1995/1695) A European patent application which has been accorded a filing date by the European Patent Office has the same effect in this country as a Finnish patent application filed on the same date. If the application under the European Patent Convention enjoys priority from a date earlier than the filing date, such priority also has effect in Finland. (18.11.2005/896)
For the purposes of Section 2(2), the publication of a European patent application pursuant to Article 93 of the European Patent Convention shall be equivalent to the application becoming available to the public pursuant to Section 22. This shall also apply to publication referred to in Article 153(3) of the Convention, if said publication is ruled by the European Patent Office to be equivalent to publication pursuant to Article 93. (18.11.2005/896)
Section 70 n (22.12.1995/1695) If a European patent application has been published under Article 93 of the European Patent Convention and a translation into Finnish of the patent claims as worded when published has been filed with the Patent Authority, the Patent Authority shall make the translation available to anyone and make an announcement in Finnish and Swedish to this effect. If the applicant's own language is Swedish, the translation may, however, be filed in Swedish. The Patent Authority shall see to it that the published patent claims are, where necessary, available to the public in Finnish and Swedish.
If anyone uses an invention commercially for which patent protection is sought by a European patent application after the announcement under subsection (1) has been made, the provisions concerning patent infringement apply correspondingly if the application results in a patent for Finland. In such case, however, the patent protection only extends to that revealed in both the patent claims as worded when published and the claims according to the patent. Punishment cannot be imposed in this case and damages for such use may only be determined under section 58(2). (18.11.2005/896)
The provisions of Section 58 (3) shall not apply if the action for compensation is brought within one year after the period for opposition against the patent has expired or, if opposition has been lodged, within one year after the decision by the European Patent Office to maintain the patent.
Section 70 o (22.12.1995/1695) If a European patent application or request that such application shall designate Finland has been withdrawn, this shall have the same effect as withdrawal of a national patent application. The same shall apply in respect of a situation where an application under the European Patent Convention shall be deemed to have been withdrawn and where processing of the application has not been resumed pursuant to Article 121 of the Convention.
If a European patent application has been rejected, this shall have the same effect as rejection of a national patent application.
Section 70 p (22.12.1995/1695) If the translation referred to in Section 70h or 70n does not coincide with the wording of the documents in the language of the proceedings before the European Patent Office, the patent protection shall only extend to that which is evident from both texts.
In the revocation proceedings referred to in Section 52, the text in the language of the proceedings shall be the sole authentic text.
Section 70 q (22.12.1995/1695) If the applicant or the proprietor of a patent files with the Patent Authority a correction of the translation referred to in Section 70h and pays the prescribed fee for printing the corrected translation, the corrected translation shall apply in place of the original translation. Once the correction has been filed and the fee paid, and if the original translation is available to anyone, the Patent Authority shall without delay announce said correction in Finnish and Swedish and, as soon as possible, make copies of the corrected translation obtainable from the Patent Authority.
If the applicant files a correction of the translation referred to in Section 70n, the Patent Authority shall without delay make an announcement of the correction in Finnish and Swedish and keep the corrected translation available to anyone. After the announcement the corrected translation shall apply in place of the original translation.
If anyone, before the corrected translation became valid, has, in good faith, begun to use the invention commercially in this country in a manner which according to the earlier translation did not constitute infringement of the right of the applicant or of the proprietor of the patent, or has made substantial preparations therefor, he shall enjoy the right specified in Section 71c (2) and (3).
Section 70 r (22.12.1995/1695) If the applicant or the proprietor of a patent has failed to observe the time limit prescribed in the European Patent Convention, but the European Patent Office, nevertheless, under Article 122 declares that no loss of right has ensued, this shall have the same effect also in Finland.
If anyone, after the loss of right has ensued but prior to the announcement by the European Patent Office of the declaration referred to in subsection (1), began, in good faith, to use the invention commercially in this country or made substantial preparations therefor, he shall enjoy the right specified in Section 71c (2) and (3).
Section 70 s (22.12.1995/1695) If a European patent application which has been filed with a national patent authority shall be deemed to be withdrawn because the European Patent Office did not receive it within the prescribed time limit from the national patent authority that received the application, at the request of the applicant, the Patent Authority shall take up the application as converted to a national application, provided:
(1) that the request is filed with the authority which received the patent application within three months from when the applicant was notified by the European Patent Office that the application was deemed withdrawn;
(2) that the request is received by the Finnish Patent Authority within 20 months from the date of filing of the application or, if priority is claimed, the day from which priority is claimed; and
(3) the applicant pays, within the prescribed time limit, the prescribed application fee and files a translation, pursuant to Section 8(5), of the patent application.
If a European patent application shall be deemed to be withdrawn because the European Patent Office did not receive the translation in the language of the proceedings within the prescribed time limit, at the request of the applicant, the Patent Authority shall take up the application as converted into an application for a national patent, in compliance with the provisions of Article 135 of the European Patent Convention. The applicant shall also pay the prescribed application fee and file the translation of the patent application according to Section 8 (5) within the prescribed time limit. (18.11.2005/896)
Section 70 t(18.11.2005/896) A request made in accordance with Article 105 a of the European Patent Convention to limit or revoke a European patent shall be made to the European Patent Office.
Where the European Patent Office has made an announcement of the limitation of the patent, the patent holder shall, within a time limit to be laid down by Government decree, file a translation of the documents forming the basis for the limitation in the language in which the original patent was validated in Finland, and pay the established fee for publication of the translation as more specifically decreed by the Government. The Patent Authority shall without delay make an announcement of this in both Finnish and Swedish and keep copies of the translation available to the public. The Patent Authority shall see to that the limited patent claims of the European patent are, where necessary, available in both Finnish and Swedish.
If the patent holder does not comply with the provisions of subsection (2), the patent shall be deemed not to be valid in Finland as from the filing date of the patent application. The patent authority shall publish an announcement of the invalidity of the patent.
Where the European Patent Office has published an announcement of the cancellation of the patent, the Patent Authority shall publish an announcement of the cancellation in the Patent Gazette.
A patent limited or cancelled by the European Patent Office shall in this country enjoy the same legal effect as a nationally limited or cancelled patent, unless otherwise provided for in this Chapter.
Section 70 u (18.11.2005/896) If a person has in good faith began to commercially exploit an invention in this country or taken essential measures for that purpose after the decision taken by the Board of Appeal of the European Patent Office, but before the publication of the decision of the enlarged Board of Appeal of the European Patent Office, that person may, despite the patent, continue the use while retaining its general character.
The right referred to in subsection (1) above may be transferred to another only together with the business where it has been created or where the exploitation is meant to occur.
Chapter 10
Special Provisions
Section 71 The proprietor of a patent who is not domiciled in Finland shall be required to appoint a representative residing in the European Economic Area with authority to receive service of writs of indictment or summonses and other documents in proceedings and matters concerning the patent, with the exception of writs of indictment in penal cases and of summonses to appear personally before a court. The name of the representative appointed shall be communicated for recording in the Patent Register. (30.6.2000/650)
If the proprietor of a patent has not appointed a representative pursuant to subsection (1)above, notification can be effected by sending the document to be served to him by registered mail to his address as recorded in the Patent Register. If no address is recorded in the Register, notification can be effected by announcement in the patent gazette. Notification shall be deemed to have been effected when the procedure described herein has been completed. (21.3.1997/243)
Subject to reciprocity, the Government may decree that the subsections (1) and (2)above shall not apply to the proprietor of a patent domiciled in a specified foreign country, or to the proprietor of a patent having a representative domiciled in such country, provided the name of the representative is communicated for recording in the Patent Register of Finland and is authorized as prescribed in subsection (1) above.
If it has not been possible to notify the person who has filed an opposition of a decision concerning the opposition at the address he has furnished, notification may be effected by announcement in the patent gazette. Notification shall be deemed to have been effected when the procedure described herein has been completed. (21.3.1997/243)
Section 71 a (10.5.1985/387) If a patent applicant or the proprietor of a patent, in a case other than the one referred to in subsection (2), has suffered loss of rights because he or she has not taken action before the Patent Authority within the time limit laid down in this Act or its Regulations, but has taken all due care required by the circumstances to observe the time limit, and if that person takes such action within two months of the time at which the cause of his or her non-compliance ceases–and in any event not later than one year after expiration of the time limit–the Patent Authority must declare that the act is to be deemed to have been done within the prescribed time limit. If the applicant or the proprietor of a patent wishes to obtain such declaration, the applicant or the proprietor must inform the Patent Authority about it in writing within the time limits laid down for taking the action, and pay the prescribed fee. (18.11.2005/896)
If a patent applicant has suffered loss of rights in the observation of the time limit under Section 6(1), the provisions of subsection (1) will apply, provided that the request is filed and the prescribed fee paid not later than within two months from the time limit prescribed in section 6(1). (18.11.2005/896)
Subsections (1) and (2) of this section also apply to international applications which have been pursued in Finland as regards the time limit to be observed concerning the receiving Office, the International Searching Authority, the International Preliminary Examining Authority or the International Bureau of WIPO. Failure to observe that time limit must then be remedied at the Patent Authority. (18.11.2005/896)
However, a request filed in accordance with the provisions of subsection (1), (2) or (3) may not be refused, nor may its admittance be refused, until the patent applicant or proprietor has been given an opportunity to file his or her comments in the time limit laid down by the Patent Authority. (18.11.2005/896)
Section 71 b (6.6.1980/407) Where, in those cases referred to in Sections 31 or 38, a document or a fee sent by mail has not been received by the Patent Authority within the prescribed time limit, but where the applicant performs the required act within two months of the time at which he realized or should have realized that the time limit has been exceeded, but in no event later than one year after expiration of the time limit, the Patent Authority shall declare that the act is to be deemed to have been done within the prescribed time limit:
(1) if the postal service was interrupted at any time during the 10 days preceding the time limit on account of war, revolution, civil disorder, strike, natural disaster or other like reason in the locality in which the sender was staying or carrying on business, and the document or fee was mailed to the Patent Authority within five days of the resumption of the postal service, or
(2) if the document or fee was mailed to the Patent Authority by registered mail not later than five days before the expiration of the time limit, but only if it was sent by airmail, where possible, or by other means if the sender could reasonably assume that the dispatch should reach the Patent Authority within two days of mailing.
Where the applicant requests a declaration under subsection (1) above, he shall advise the Patent Authority in writing to that effect within the time limit for taking the action laid down in that subsection.
Section 71 c (6.6.1980/407) If a request under Section 71a or 71b is granted and if, as a result, the examination of a patent application that has been dismissed or rejected after becoming available to the public under Section 22 is resumed or a lapsed patent is reinstated, an announcement to that effect shall be made.
Any person who in good faith has begun to exploit an invention commercially in this country after expiration of the time limit for reinstating a dismissed application or after a rejection has become final or a patent has lapsed, but before such announcement is made, may nevertheless continue to exploit the invention provided he maintains the general nature of the exploitation. The right to exploit an invention shall be granted, on the same conditions, to anyone who has made substantial preparations for such exploitation in this country.
The right under subsection (2) above may only be transferred to another person together with the business in which it originated or in which exploitation of the invention was intended.
Section 72 ((21.3.1997/243) Appeals from final decisions by the Patent Authority under this Act, other than those referred to in Section 26, and appeals from decisions pursuant to Sections 42, 53a(2), 53d(1), 54(1) and 71a and 71b, shall be lodged with the Board of Appeal of the National Board of Patents and Registration of Finland. Separate provisions apply to the appeal procedure and the proceedings before the Board of Appeal. (18.11.2005/896)
Section 73 (13.11.1992/1034) The amounts of the fees to be paid under this Act shall be laid down in separate provisions. In that connection it may be decreed that one or more of the initial fee years shall be exempt from renewal fees.
Section 74 Further provisions concerning patent applications, announcements in respect of patent matters, printing of the application documents, opposition proceedings, limitation procedures before the Patent Authority, termination procedures, the Patent Register and its maintenance, and the Patent Authority shall be decreed by the Government. (18.11.2005/896)
The Government may decree that the Patent Authority be entitled to divulge, at the request of the authorities of another country, details of the processing of patent applications in this country and that the authorities of another country or an international institution may, at the request of the Patent Authority, undertake the examination of patent applications. (18.11.2005/896)
The Government may also decree that an applicant seeking a patent in respect of an invention for which an application has been filed in another country or with an international organization shall disclose information given to him by the authorities of such other country or by the international organization regarding the examination of his invention as to patentability. No such disclosure shall be required, however, for an application under Chapter 3 if it has been the subject of an international preliminary examination and the report on the patentability of the invention has been received by the Patent Authority. (18.11.2005/896)
Section 75 If the country is at war or in danger of war, the Government may decree, where required by the public interest, that the right to a given invention shall be surrendered to the State or to another party designated by the Government. Reasonable compensation shall be paid for the right to the invention thus surrendered. If no agreement is reached on compensation with the party entitled to compensation, the court shall determine the compensation.
Where a party other than the State has availed itself of the right to an invention pursuant to subsection (1) above and if such party does not fulfill its obligations with regard to compensation, the State shall pay the compensation without delay on request by the party entitled to compensation.
Section 76 Special regulations shall apply to inventions of importance to the defense of the country.
Transitional provisions
This Act shall come into force on 1 April 1997. (243/97)
A patent application which has been approved for being laid open for public inspection before the entry into force of this Act, shall be processed and decided on in accordance with the provisions in force before the entry into force of this Act.
The provisions of Section 14 of the Patents Act shall apply to a patent application filed before the entry into force of this Act.
This Act shall come into force on 15 July 2000.(650/2000)
The provisions of Sections 3 b and 46 a shall apply to a patent application filed or deemed to have been filed before the entry into force of this Act and to a patent granted on the basis of such application.
This Act shall come into force on 1 January 2005. (990/2004)
The Act also applies to the pursued international applications for which the 20-month period calculated from the date of priority ends on the date of entry into force of the Act or thereafter and in respect of which the applicant has not yet pursued his international application for Finland.
This Act shall come into force on 6 March 2006 (896/2005)
Sections 8b and 8c apply to patent applications filed or deemed to have been filed on or after the entry into force of this Act.
Sections 41(2) and 70 l(2) apply to a renewal fee falling due on or after the entry into force of this Act.
The provisions of section 60(2) only apply to final decisions taken after the entry into force of this Act.
If the six-month time limit for reinstatement of loss of rights has expired before the entry into force of this Act, the provisions of section 71a(2) effective at the entry into force of this Act continue to apply.
Section 71a(2) applies to patent applications that are pending at the entry into force of this Act, unless the time limit for reinstatement of loss of rights already has expired.
Act 684/2006 comes into force on 1 September 2006.
Sections 57 b and 61 of this Act also apply to disputes that have been pending before the entry into force of this Act. In so far as section 61 deals with applying section 60 a, the section is nevertheless applied in the manner laid down in subsection 3 concerning the application of section 60 a.
The provisions applicable at the entry into force of this Act apply to disputes pending before the entry into force of this Act, instead of the provisions of section 60 a of this Act.
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