Frequently asked questions

What is a patent?
What does a patent protect?
What kinds of inventions can be patented?
Can I patent an idea?
When should I apply for a patent?
How can I apply for a patent?
How much does it cost?
Who owns the invention?
Can the inventor apply for a patent?
Will my invention become publicly available when I apply for a patent?
Do I need a prototype of my invention when I apply for a patent?
What happens after I apply for a patent?
How long does it take to obtain a patent?
How long is a patent in force?
Where do I get help?
Do patents benefit others than their owners?
How can I find out if the technology is new?
How can I find out if the technology is already protected?
How can I find out if the patent is still in force?
How can I find out what my competitors are patenting?
When can I ignore others’ patents?
Can I run my own patent searches?
Where do I get help with patent searches?

What is a patent?

A patent gives the owner the right to prevent others from exploiting the patented invention commercially by making, selling, using or importing the patented product, or by using the patented process, method etc. Read more in section 3 of the Finnish Patents Act.

The right covers a limited territory and is in force in the countries where the patent has been applied for and granted. The right is in force for a limited period of time, usually no longer than for 20 years from the filing date of the application. The right is in force only if the patent is in force. To keep a patent in force, you must pay annual maintenance fees (renewal fees).

A patent does not automatically give the owner the right to exploit the invention commercially, as there may be obstacles to doing so:

Someone may have obtained a patent earlier which is still in force, and the later patent is dependent on that patent – it is for example an improvement over that patent.
The use of the patented invention may require permission from the authorities – for example medicinal products.

What does a patent protect?

A patent protects an invention or inventions defined in the patent claims. The description of the invention can be used to interpret the claims.

The invention may consist of a new process, method, device, or product, or a new way to use them. One single patent application may have claims which include all these ‘categories’ as long as they share the same inventive idea.

A product claim protects a product irrespective of how it is made or used. A process claim (method claim) protects the process defined in that claim and the product created from that process, irrespective of whether there is a product claim in the patent or not. However, if the product can also be created using some other process, a process patent cannot prevent it. It may be difficult to monitor a process patent if the final product does not show the process by which it is made. A new way of using an already known product can also be patented.

What kinds of inventions can be patented?

To be patentable, an invention must be novel, include an inventive step, and be industrially applicable. In assessing the patentability of an invention, the patent examiner compares the invention disclosed in the patent claims to previous solutions. The filing date, or the priority date, of the application is the time limit – anything that has become known before the filing date is crucial when assessing the patentability. Read more in section 2(2) of the Finnish Patents Act.

The invention is new if the solution defined in the patent claims has not already been proposed elsewhere, in Finland or in other countries.

When the patent examiner assesses the inventive step, the knowledge of an average person skilled in the art is taken into consideration – a patent cannot be granted if the invention is obvious to an average person skilled in the art.

Industrial applicability principally means that the invention solves a technical problem, or that the invention must have a technical effect. Section 1 of the Finnish Patents Act contains a list of inventions that are not considered industrially applicable and patentable, even if they were new and inventive.

Can I patent an idea?

No, if your idea is something similar to a target or a need, such as ‘It would be nice to have a product of this kind’ or ‘I need a mobile phone with these features’.

A patentable invention is a concrete embodiment of an idea: a device, a product, or a process or method for achieving that target. A device or a product is defined by disclosing its structural details or parts. A process or method is defined by disclosing its process steps.

When should I apply for a patent?

You should apply for a patent at the latest when your invention is becoming publicly known about. Patents are only granted to inventions that are new – that is why you should not make your invention public before filing a patent application. An invention that has been made public is not new and cannot be patented.

When you are developing your invention, be careful what information you publish about it. You should not test your invention in public places, demonstrate it at fairs, publish it in a journal, mention it in your lectures, or make a brochure about it and distribute it before the filing date of your application.

However, you also should not apply for a patent until your development process has advanced sufficiently. This is to avoid a situation where you apply for a patent and obtain a patent for a solution you have come up with at the beginning of your development process, and the patent does not therefore protect the final product to be sold.

How can I apply for a patent?

You apply for a patent by filing an application in writing with our office, the National Board of Patents and Registration (NBPR).

A patent application includes:

an application form
a description of your invention, and any related drawings
claims
an abstract
any other accompanying documents, such as a statement on the right to the invention, or an assignment document, or a power of attorney.

A patent granted in Finland only gives protection in Finland. If you also wish to have protection abroad, you have to apply for it separately. You should file a foreign application within a year from your original Finnish application. Foreign patent applications can be filed either directly with the national patent offices in each country, or using the international patent system, PCT system, or the European patent system, EPC system.

You can read more about the contents of the application and about the application process in our Patent Guide (at the moment available in Finnish and Swedish only). Read more about filing abroad.

How much does it cost?

When you file your application you must pay an application fee. When the patent is being granted, a patent publication will be made first. We charge a publication fee, see our price list.

Patent applications and patents are kept in force by paying renewal fees, i.e. annual fees. You must pay the first renewal fee at the end of the second application year.

If you use an expert, such as a patent agent, you also have to pay for their services.

When you apply for a patent abroad, you must in most cases use a patent agent resident in that country. It is often a good idea to first use a Finnish patent agent, who has contacts in several countries and is able to give advice on patent systems in other countries.

When you apply for a patent abroad, you also have to pay for the translations, as the language of application is the official language of each individual country. The translation costs depend on the length of the application.

Who owns the invention?

According to the Finnish Patents Act, the invention belongs to the inventor, but the inventor may transfer his or her right to another person.

If the inventor is employed by someone else, the employer may acquire the right to the invention; see Finnish Act on the Right in Employee Inventions (656/1967) for more information (laki oikeudesta työntekijän tekemiin keksintöihin). The act is applied when a person employed by someone else, or a person employed in the public service, comes up with an invention that is patentable in Finland and falls within the field of activity of the employer.

The employee’s and employer’s right to the employee invention depends on the connection between the employee’s duties and the conception of the invention.

The Act on the Right in Employee Inventions was amended in 1988 (526/88) and in 2000 (1078/2000).

Can the inventor apply for a patent?

The inventor, or a person to whom he or she has transferred the right, may apply for a patent. When it comes to employee inventions, inventors must first notify the employer of their invention and of their intention to apply for a patent. The inventor may not apply for a patent before one month has elapsed from such notification.

When you apply for a patent, you need to have both technical knowledge and knowledge about patents. It is therefore wise to use an expert in the application process. Even though it is not obligatory to use a patent agent if you live in Finland, we advise you to use an agent for the following reasons:

You cannot add anything to the application after the filing date. You can only make changes to the claims during the processing of the application.
The claims are of crucial importance to the protection of the invention – their content decides whether a patent can be granted, whether the granted patent protects against infringement, or whether the patent remains in force despite competitors’ attempts to invalidate it.
During the examination of an application at our office, it is normal that we find publications that at first glance seem to prevent you getting patent protection. It is often however possible to ‘get round’ this obstacle by restricting your claims in the right way.
There are many deadlines to meet when the patent application is being processed. If you miss a deadline, your application or patent might lapse.

Will my invention become publicly available when I apply for a patent?

Yes, at least if a patent is being granted. A patented invention is always public.

When a patent application is being filed, it is secret the first 18 months after the date of filing. In Finland, some identification details, such as the applicant’s name, application number and filing date, become publicly available right away. Such information about Finnish patent and utility model applications is available in our PatInfo patent register during the first few days after the filing date.

If the patent application is still pending when 18 months has elapsed from the filing of the application, or from the earliest priority date, the whole application becomes public. An abstract is printed of applications which are becoming public in the Nordic countries, and the applications are published in the L section of the Finnish Patent Gazette.

A utility model application becomes public once it is registered. It is possible to postpone the publication of the application for 15 months from the date the application was filed.

You can order copies of published applications for a fee from our library. If the application has been filed in 2001 or later, and it has become publicly available, the documents are available in our PatInfo patent register.

Do I need a prototype of my invention when I apply for a patent?

No prototypes are necessary when you apply for a patent. We may ask you to submit specimens or samples when it is necessary for the understanding of the description of the invention, but this is very rare.

What happens after I apply for a patent?

After you apply, we check

that your application contains all the necessary documents
that the application fee has been paid
whether the invention is patentable, i.e. whether it is new, inventive, and industrially applicable.

We make sure that the invention is patentable by checking the invention defined in the claims against earlier solutions found in patent publications. Specialist literature, trade magazines, brochures etc. in the field are also used in the search.

How long does it take to obtain a patent?

The average processing time is 2–2.5 years. When the patent is granted, it comes into force with retroactive effect from the filing date. In other words, you obtain conditional protection for your invention during the application period – if someone during that period is infringing your patent that is to be granted later on, you may ask that person for compensation for the infringement.

How long is a patent in force?

The patent can be in force for up to 20 years from the filing date of the application. Exceptions to this are medicinal products and plant protection products, whose patent protection may be extended for up to five years. You apply for the extension by filing an application for a supplementary protection certificate.

Patent applications and granted patents are kept in force by paying renewal fees annually. If the fees are not paid, the application or patent will lapse.

Where do I get help?

You can get general information about how to file a patent application from the innovation advisors of the Foundation for Finnish Inventions, who operate at Centres for Economic Development, Transport and the Environment (ELY Centres), and from consulting engineers at our office, tel. +358 29 509 5858, email: neuvonta.patentti(at)prh.fi. Our consulting engineers are available Mon–Fri 9.00–15.00.

You may also contact patent agents to prepare patent applications for you. Read more about patent agents.

Do patents benefit others than their owners?

Yes they do. Patent owners benefit from their exclusive rights as long as they are in force but others will also get access to the patent information. Patent publications have become the most important source of technical information in the world. They cover all technical fields and have greater geographical and temporal reach than any other source of information.

Patent publications describe in detail new technical solutions, their use, and the problems in the field, so you can use the information to develop new ideas in your own R&D. The majority of technical information found in patent publications can be used freely, as most of the patent applications will not be granted a patent – only patents that have been kept in force give their owners exclusive rights.

Only patents and patent information will show you the patent rights that are in force, i.e. the obstacles to marketing or manufacturing a product. To avoid infringing others’ patent rights you must know what other businesses in your field are patenting. Ignorance is no excuse in patent infringements.

Besides technical information, patent information is also commercial information – patents show the technology and markets your competitors are investing in.

You should use patent information especially in your R&D to develop new ideas, to monitor technology and competitors in the field and to avoid patent infringements.

How can I find out if the technology is new?

You can search and read patent publications for free in online patent databases. Espacenet database is an excellent source of information, in particular its worldwide patent database with more than 30 million patent publications, see worldwide.espacenet.com. However, free databases are not always sufficient if you intend to carry out comprehensive searches on new technologies.

On this website, you can find links to free patent databases under Other websites.

You are also welcome to study paper publications in our reading room. The address is Arkadiankatu 6 A, Helsinki. Our collection, arranged by technical field, covers Nordic publications; publications from Germany, Switzerland, Great Britain, and USA; and publications of the international patent system (PCT) and of the European Patent Office.

You can order preliminary examinations of novelty from our Advisory Service (read more under Consultation services). You can also contact patent agents and order a search (for contact details, see under Patent agents on this website).

How can I find out if the technology is already protected?

Patented inventions can be found in patent publications. When we examine whether there are any obstacles to the use of an invention, we use either patent databases, or our collection of publications, or both, to find all patents and patent applications which are in force, or may come into force, in the technical field in question, and in a country where the invention will be used. We then compare the invention to the claims in the patents and patent applications found. The same procedure applies to utility models.

The examination of obstacles to marketing or manufacturing, in other words obstacles to patenting, requires a very good knowledge of the technical field in question, very good patent searching skills, and experience in interpreting the scope of protection of the claims. Examinations can be demanding, which is why we recommend that you use an expert in the field.

How can I find out if the patent is still in force?

The best way to get information about whether a patent is in force is to contact the patent authority in the country in question. A patent is in force as long as the patent owner pays a fee for it to the patent authority every year. A patent can however be in force no longer than for 20 years from the filing date of the application.

A patent family search tells you in which countries an invention has been granted a patent and whether the patent is still in force. You can order a patent family search from our Advisory Service by telephone on +358 29 509 5858, or by email at neuvonta.patentti@prh.fi. The Advisory Service is open Mon–Fri 9.00–11.00 and 12.00–15.00. You can also order the search from our library and information services. Please note however that the patent family database does not include all countries in the world and the information from some countries may be incomplete. In other words, the patent family search only serves as guidance.

How can I find out what my competitors are patenting?

The patent databases show you the patent applications and patents of your competitors, as all patent publications state who the patent applicant or inventor is. Select the database according to the country or countries whose patent information you want to search.

When can I ignore others’ patents?

If you are not dealing with any products, methods for manufacturing, or uses that are industrially applicable, you do not have to pay attention to patenting. However, please note that industrial use also includes processes, methods and devices in commerce, construction industry, agriculture, forestry, gardening, fishing, craft industries etc., and can therefore be patented.

A patent gives the owner the right to prevent others from using the patented invention. If you plan on

manufacturing, marketing or importing a new product, or
introducing a new method for manufacturing, or
introducing a new way to use an existing product

you should first check whether someone else has been granted a patent for the product, the method for manufacturing, or the use, and whether the patent is still in force. Such a patent may prevent you from carrying out your plan.

Can I run my own patent searches?

You can search for patents in our library reading room or in online databases which can be used for free or for a fee.

You can request patent publications within a specific technical field to be brought into our library reading room for viewing. In order to find the right publications in the collection comprising more than 25 million publications and covering more than 40 countries, you need to know the patent classes for the technical fields you are interested in. Our library reading room provides you with classification guides to help you to find out the right classes. You can also ask our consulting engineers for advice. There are more than 100 patent databases available, providing information from over 60 countries. They contain patent publications in their entirety from various countries, or their identification details or abstract details, and patent family or status details. There is no single database containing all available patent information. That is why you should use several sources to carry out a comprehensive search.

The databases can be divided into two groups: free online databases and commercial databases for professional use. All of them can be used through a direct connection to the database, and some of them can be used online.

The free online databases are suitable for monitoring new patent applications filed by competitors and for browsing patent publications. You can use these databases to search for technical information by carrying out simple searches to find out what is being patented in your technical field. They are not however suitable for comprehensive novelty searches or examinations of the state of the art due to their insufficient contents and search features.

It is possible to quickly carry out comprehensive, advanced and accurate patent searches in commercial databases. This requires knowledge about the contents and structure of the databases and their information search techniques – commercial databases are mostly used by patent search experts, and should be used to carry out comprehensive patent searches.

Our free databases providing patent and utility model information concerning Finland

PatInfo Register – basic details of Finnish patent applications, patents and utility models
FI-EP Register – basic details of European patents validated in Finland
Espacenet patent information service – basic details of patent applications and patents since 1994, and patent publications in their entirety (patent information from Finland and more than 70 countries).

Where do I get help with patent searches?

Patent search services and information services are part of our business services. They are drawn from our expertise in patent information and our effective and skilful use of sources of information in the field.

Our search services

Preliminary examination of novelty (novelty search)
Consulting preliminary examination of novelty (novelty search)
Report on the state of the art
Examination of obstacles to marketing or manufacturing

Our information services

Patent monitoring
Information searches, such as patent family searches and searches by applicant’s or inventor’s name.

Patent search services are also provided by patent agents.