Validating a European patent in Finland
If the patent has been granted before 1 November 2011, the validation of a European patent takes place by giving a translation of the European patent and by paying the publication fee within 3 months from the mention of the grant in the European Patent Bulletin.
If the patent has been granted on 1 November 2011 or later, the validation takes place by giving, in most cases, a translation of the claims of the European patent and by paying the publication fee within 3 months from the mention of the grant in the European Patent Bulletin. This is due to the fact that Finland became part of the London agreement on 1 November 2011.
What must be translated
The patent has been granted before 1 November 2011: The whole
specification, including the drawings must be translated. Even though there is no text in the
drawings, a copy of the drawings must still be included in the translation.
The patent has been granted on 1 November 2011 or late: If the language of the proceedings of the European patent has been English, then only the claims in Finnish, or in certain cases in Swedish, has to be given. If the language of the proceedings of the European patent has been French or German, then a translation of the whole description, including drawings, must be given either in English or in Finnish, and the claims in Finnish, or in certain cases in Swedish,.
PLEASE NOTE! There is no need to translate the first page of the European
patent publication, because the Finnish Patent Office will print a first page
of its own.
Language of the translation
The patent has been granted before 1 November 2011: The translation shall be filed in the Finnish language.
The
translation may be filed in Swedish only if the applicant’s or patent holder’s
own language is Swedish. The applicant’s or patent holder’s own language is
Swedish if he is domiciled in a country where Swedish is the only official
language or one of the official languages and the European patent application
or the international application in which Finland has been designated through a
European patent application has been filed in Swedish. A subsidiary may file a
translation in Swedish only if the recording language of the parent company is
Swedish.
The patent has been granted on 1 November 2011 or later: The translation of the claims must be filed in the Finnish language.
The translation may be filed in Swedish if the applicant’s or patent holder’s own language is Swedish. A company's own language is Swedish if the recording language used in the company is Swedish.
Assurance concerning the translation
In submitting the translation or a correction to the translation, the applicant, the patent holder or his / her representative or the translator must assure that the translation corresponds to the documents granted in the language of the proceedings of the European Patent Office.
Form
The form needed for giving the translation is found in electronic form (Word or .pdf‑format) on our web‑site in Internet, see http://www.prh.fi/fi/patentit/lomakkeet.html. The forms are in Finnish and in Swedish. The right one for this is Eurooppapatenttihakemuksen vaatimusten käännös / Eurooppapatentin käännös.
It is not obligatory to use the form but it is recommended.
Physical requirements of the translation
- Margins: left 2,5 - 4 cm, right 2 - 3 cm, top 2 - 4 cm, bottom 2-3 cm
- Typing shall be 1½-spaced
- Font size: the capital letters of which are not less than 0.28 cm high
(e.g. Times New Roman 12 or Arial 12 or other)
- No columns in the text (not like in the European patent publication)
Fees to be paid
The publication fee is 450 euros, if you give the translation on paper, no matter how many pages the translation contains. The publications fee is 350 euros, if you file the translation online using the eOlf-software, see Electronic services
The fees are to be found on our website http://www.prh.fi/en/patentit/pathakmaks.html see point “Fees for validating a European patent (EP) in Finland.”
Renewal fee
When filing, remember that you perhaps have to pay the next renewal fee to the Finnish patent office.
The bank and the account
The bank where to pay is Nordea Bank Finland Plc,
the number of the account is FI9716603000104227
SWIFT (BIC)-code: NDEAFIHH
When paying, give the number of the patent, the name of the patent proprietor and the name and address of the one that pays..
Representative
No official representative is needed for the validation of a European patent.
Note, however, the Finnish Patents Act, section 71, which says that "The proprietor of a patent who is not domiciled in Finland shall be required to appoint a representative domiciled 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."
Lists of professional representatives: see the web page http://www.prh.fi/en/patentit.html, Registered Patent Agents,
or the web page of the Association of the Finnish Patent Attorneys.
The postal address of the Finnish Patent Office is
P.O. Box 1160
FI-00101 HELSINKI
Finland
Telephone number +358 9 6939 500
Fax number is +358 9 6939 5328. Fax is open 24/7.
The office hours are from 8 AM to 4.15 PM.
Where to find information?
In the publication called "National law relating to EPC" published by the European Patent Office, on pages 82 and 83, you will find almost all necessary information to file the translation of your European patent in Finland. Link to the publication.
The Finnish Patents Act and Patents Decree in English are on the web‑site http://www.prh.fi/en/patentit.html, see legislation.
If you need advice
Need to ask for something? Send an e-mail to the Search and Advisory Service of the Finnish Patent Office. The address is advice.patents@prh.fi
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