Application of PCT Article 22(1) to pursued international utility model applications

Article 22(1) of the Patent Cooperation Treaty includes a time limit for the pursuing of international applications in the national phase. The PCT article was amended on 3 October 2001 so that the time limit for filing a pursued international application is always at least 30 months from the international filing date or, if priority is claimed, from the date from which priority is claimed. The time limit is always the same whether the applicant has made a demand for preliminary examination or not.

As from 1 January 2005, a time limit of 31 months has been applied to international patent applications pursued in Finland. However, a time limit of 30 months is applied from 1 January 2005 to international utility model applications pursued in Finland, even if the Act on Utility Model Rights has not yet been amended. The decision is based on the fact that, in accordance with the Patent Cooperation Treaty, PCT Article 22(1) has to be applied both to patent applications and utility model applications. The time limit for utility model applications is different from that for patent applications, because the Office cannot apply the time limit of 31 months until the Act on Utility Model Rights is amended in this respect.

In the same way, the time limit of 30 months is also applied to pursued international utility model applications in respect of which the 20-month period computed from the priority date ends on 1 January 2005 or later, and in respect of which the applicant has not yet pursued his or her international application in Finland.

For further details, please contact Ms Laila Jungfelt, Head of Division, on +358 (0)9 6939 5663 or Ms Satu Seppälä, Head of Section, on +358 (0)9 6939 5621.

Ms Maarit Löytömäki
Deputy Director