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Have you come up with an invention?
Let’s say that you have hit upon an idea that elderly people, or people having difficulty in moving, need a chair, preferably a comfortable armchair that is easy to get out of, and you are considering patenting your idea, so that no one else could use it. If you have only reached this point, you have not yet come up with a patentable invention. But if you have prepared all the details of the chair and its technical solutions, your invention might be developed enough that you can apply for a patent.
Once you have figured out how to implement your idea and have arrived at a detailed, concrete embodiment of a chair, you may consider applying for a patent. Please do not send us any prototypes, but do note that applications must be filed in writing.
In the application, you must be able to describe your invention in detail, and give an example of implementing your idea, for instance the chair above, so that a person skilled in the art would be able to prepare the product or use the method.
If you have already revealed your invention, i.e. sold the product, published the invention in an article in a journal, tested it in public places, sent out advertisements, demonstrated the invention at fairs etc., this could mean that your invention is no longer new and cannot be patented. Do not reveal your invention until you have received a filing date for your patent application from our office, and perhaps not even then.
Before you apply, make sure that your invention meets the requirements of the Finnish Patents Act. Patenting provides exclusive right to new technology, but not to business ideas, educational methods, or games – at least not in Finland and the rest of Europe. The Finnish Patents Act contains a list of inventions that are not considered industrially applicable and patentable. You are advised to check that your invention is not included in that list.
Sections 1 and 2 of the Finnish Patents Act
Patents are only granted to inventions that are novel, i.e. new. You may think that your invention or idea is new, as there are no similar products available on the market. But that is not the whole truth about novelty. There are 7 billion people in the world but only 5 million of them in Finland. People around the world hit upon ideas, and sometimes they come up with the same ideas. That is why you should try to find out whether your invention is new online – you will save a lot of money if it turns out that someone else in the world has come up with the same invention already.
- Start your search by using a search engine, for example Google.
- Continue with Espacenet patent database in English, which includes patent publications from the 19th century onwards from dozens of countries.
The FI-Espacenet database contains Finnish patent publications. This service is only available in Finnish or Swedish.
After a few searches, you will notice that your idea of an easy-to-get-out-of armchair is not new (see the examples below). But if your invention, a concrete embodiment of a chair, differs technically enough from the ideas you have found, and that difference is subtle enough not to be obvious to a person skilled in the art, the invention might be patentable.
A drawing on square-ruled paper and a description consisting of a couple of words are not sufficient for a patent application – the Finnish Patents Act, Patents Decree and Patent Regulations tells you how to prepare an application. No matter how excellent your invention is and worthy of a patent, our examiners cannot grant you a patent if your application has not been prepared as required by law.
We recommend that you read our instructions on our website. And if possible, use an expert for preparing the application for you.
How to apply for a patent in Finland
Instead of applying for a patent, you can protect your invention by applying for utility model protection (‘petty patent’). However, if you intend to sell your invention abroad or license it, a patent is probably a better option – if you expect that there is a demand for your invention for several years, a patent gives longer protection, up to 20 years, if necessary. But if you only operate within the domestic market and want to prevent competitors from copying your product or importing it, a utility model might be a good choice.
It is difficult for us as an authority to give our opinion on which one is better for your business and competitive situation. These views are therefore only suggestions and can only be used as suggestions for your own decisions.
Another option is not to protect your invention at all and try to treat it as a business secret – not all products on the market are patented.
In some cases, the best way to protect a new service idea is to create a good trademark for it and to protect the service idea by registering the trademark. Even if others could copy your service, they would not be allowed to use a trademark that is identical with or similar to your trademark. If you have protected a good trademark, you will have an advantage over your competitors and might also be able to say that your service is the genuine and original one.
It is always important to protect the name of your product – your trademark. By registering your trademark you are given the right to prohibit others from using an identical mark, or a mark that is confusingly similar to it, for products that are similar to yours. In this way you ensure that your competitors cannot make use of your R&D and marketing efforts by using your mark, or a mark confusingly similar to it, for their products.
You can discuss your invention and its protection confidentially with innovation advisors at ELY Centres (Centres for Economic Development, Transport and the Environment) throughout Finland. They will also give information about funding. If your invention forms a basis for a new growing business, the Product Track project at the ELY Centres might help you to move forward with your invention, and the Foundation for Finnish Inventions may be able to help you with funding.
Read more about the Product Track service at the Foundation for Finnish Inventions website.
You can also contact consulting engineers at our office for advice. Please note however that we do not provide funding.
Our consulting engineers are available Mon–Fri 9.00–11.00 and 12.00–15.00.
Tel. +358 29 509 5858
Email: neuvonta.patentti(at)prh.fi
See our website www.prh.fi --> Patents --> Consultation services
Trademarks advisory service at our office:
Client advisory service +358 29 509 5855
Legal adviser +358 29 509 5398
Email: neuvonta.tavaramerkki@prh.fi
See our website www.prh.fi --> Trademarks --> Advisory service