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Patent agents

Often it is quite difficult to draw up a patent application. It should be composed in the right way from the beginning, because no additions are allowed after the application has been filed. The claims should make it possible to obtain a patent. They should also hold in possible court proceedings, whether it is a case of an attempt to invalidate a patent or a case of infringement. Also, when applying for a patent abroad, there are many different patenting systems which the applicant should know sufficiently in order to avoid losing money. The help of a patent expert is therefore often needed in the patenting process.

The Patents Act does not require that an applicant employ an expert in the application process. If the applicant appoints a patent agent, there are no restrictions as to his or her personality. A patent agent representing the applicant occasionally need not be a professional patent agent. The National Board of Patents and Registration however recommends that a professional patent agent should be used.

A person pursuing the profession of a patent agent in Finland has to be recorded in the Patent Agents Register kept by the National Board of Patents and Registration of Finland. The Act (552/1967) and Decree (636/1969, amendment 52/1996) on Patent Agents lay down provisions on who can be accepted in the Register.

An agent who represents an applicant before the European Patent Office (EPO) has to be entered in the register of European patent attorneys kept by the EPO. In order to qualify, an agent must pass a European qualifying examination.

Registered patent agents


Directions to applicants for the Register of Patent Agents

The Register of Patent Agents is kept by the National Board of Patents and Registration of Finland. The provisions concerning patent agents are given in the Act No. 552/1967 and in the Decrees No. 636/1969 and 52/1996 on Patent Agents.

Degree requirement

A person applying for entry in the Finnish Register of Patent Agents must have his domicile within the territory of the European Economic Area. As a degree requirement is alternatively

- the degree of university graduated engineer

- such other degree at an institute of higher education which the National Board of Patents and Registration of Finland regards as sufficient for establishing a required proficiency in the technical field

- a diploma in higher vocational education obtained at a technical college, for establishing such proficiency in the technical field ‑ a degree obtained at a foreign technical university or other university, for establishing such proficiency in the technical field.

Required experience

Apart from a required degree an applicant must have experience in dealing with patent matters. Persons employed by a patent agency are required 1‑2 years experience in patent matters, which also includes dealing with patent applications filed abroad. The corresponding time in the employment of industry or other experience in dealing with patent matters is 5‑6 years. Courses taken in the patent field will be an advantage to the applicant, and these may shorten the before‑mentioned times.

Registered company can also be recorded

A registered company can also be recorded in the Finnish Register of Patent Agents. A prerequisite for this is that the company has employed at least one person who has the qualifications expected of a patent agent. This person must also be notified for entry into the Register of Patent Agents.

How to apply

The application for entry into the Register of Patent Agents is to be made in writing with the National Board of Patents and Registration of Finland. The form of the application is free. The application shall contain statements as to the applicant's complete name, home address, business address, and date and place of birth. A certified copy of the diploma and an evidential report on the experience in dealing with patent matters, for instance a testimonial given by an employer, and a report on courses possibly taken by the applicant, shall be enclosed with the application.

Fees

Additionally, a fee effective at the time is to be paid for entry into the Register.

- An entry into the Finnish Patent Agents Register €300

- Registering of a company €300

- An entry into the register of persons employed by the company €300 each

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