Examination of the novelty of an invention

Before applying for a utility model

An invention that is not novel can be accepted to be entered into the Register, because the National Board of Patents and Registration (NBPR) does not examine the novelty or inventive step of the invention. The applicants themselves are responsible for the examination. If an old invention is registered, anyone can at any time require that the utility model be declared invalid on the grounds that the invention is not new.

Before you file an application, you should make sure that the invention is novel and form an opinion on how durable the protection is by conducting a novelty examination yourself or by letting NBPR carry out the examination. This can also be done after the utility model has been registered. (Please see ‘Request for Examination when the Application is Being Filed or After the Registration’ below)

NBPR provides a reading-room for the public where you can conduct preliminary examinations yourself by studying patent publications in the fields you are interested in. You may also order registered Finnish utility models for your inspection in the reading-room. Information on design rights is available from NBPR’s Designs Unit. Patent publications and registered utility models are arranged according to the patent classification and branch of technology. In order to do the preliminary examination, you have to find out the patent class of the invention. Our reading-room provides classification guides in Finnish for you to roughly determine the class, and classification guides in English, German, and French to exactly establish the right class. Our consulting engineers and reading-room staff also assist you free of charge with finding the right class. If you know the patent class and the numbers of the publications, you can order the publications to the reading-room in advance.

You can also order a preliminary examination, as part of NBPR’s business services, from our consulting engineers. Please place the order in writing and enclose a free-form description of the invention along with elementary pictures. An examiner in the field in question conducts the examination. You can set a maximum limit on examination costs.

Request for examination when the application is being filed or after the registration

You can request the registration authority to examine the utility model in order to establish if the invention in the application is novel and if it essentially differs from what has become known earlier. When the utility model has become public, anyone can make an examination request of this kind. It is also possible to receive a statement on the examination. Prescribed fees are payable in advance for the examination and statement.

An examination request does not affect the processing of an application. If you want to be sure to receive the examination results before the application is registered, you have to request the registration to be postponed (for further details, see under Utility Model Application).