Invalidation of registration
A registered utility model is often monitored by other companies, since the utility model can restrict their businesses. Anyone may, at any time, try to invalidate a utility model by lodging an invalidation claim against it. The invalidation claim can also be lodged after the registration has expired.
Click on the link to go to
- The basics of invalidation
- How to lodge an invalidation claim
- Claim will not be processed
- Processing
- Decision
The basics of invalidation
You can lodge an invalidation claim only on the following grounds in section 19 of the Act of Utility Model Rights:
the invention is not new (Read more about examining the novelty of the invention)
the invention lacks the required inventiveness, meaning that it does not distinctly differ from previously known inventions
the description of the invention is not sufficiently clear to enable those skilled in the art to use the invention
the utility model contains something that was not included in the original application
a patent application has been converted into a utility model application illegally
the claims of the utility model have been extended after the registration
the invention does not fulfil the basic conditions in section 1 of the Act on Utility Model Rights, meaning that a utility model right cannot be granted for the invention.
Read more about the Act on Utility Model Rights in Finlex.Open link in a new tab
How to lodge an invalidation claim
You can lodge an invalidation claim any time after the utility model has been registered. More information on registering utility models is available in our Patent Information Service or in the Utility Model Gazette, where all utility models are announced.
An informal invalidation claim with enclosures must be filed in writing in Finnish or Swedish. Grounds must be given for the claim, and it must be submitted to us.
The invalidation claim is subject to a charge. Go to the price list and payment instructions.
Go to the Patent Information Service.Open link in a new tab
Go to the Utility Model Gazette. Open link in a new tab
Invalidation claims left unprocessed
We will not process the invalidation claim if
payment has not been made
the invalidation claim does not clearly state which utility model it is lodged against
the invalidation claim does not clearly state who has made it
no grounds are given for the invalidation claim
a dispute on transferring the registration is pending.
Processing procedure
We will send the invalidation claim to the holder of the utility model, who has to respond within three months. The holder of the utility model can, for example, restrict the claims if he or she considers it necessary for the invalidation claim. If the holder of the utility model does not object to the invalidation claim, the registration is declared invalid. Otherwise we will send the holder’s response to the invalidation requester, who in turn can make a statement on the response within a time limit of two months. We will forward the statement of the invalidation requester to the holder of the utility model, who can give his or her response within a time limit of two months. Read more about the claims.
We will forward the response to the invalidation requester, but this time without a deadline to respond.
Please note that correspondence is always used when processing invalidation claims. An oral hearing is not possible.
If the holder of the utility model opposes the invalidation claim, we will only examine the material presented by the invalidation requester. If the holder supplies new claims, we will examine the invalidation claim based on the new set of claims. We will not carry out a separate search.
Final decision
When the correspondence associated with the invalidation claim has been carried out, we will make a decision on whether the utility model is
- kept in force in unchanged form.
- declared partially invalid, if the holder has restricted the claims.
- declared completely invalid.
If we declare the registration of your utility model invalid, you can appeal against the invalidation to the Finnish Market Court within 60 days of the decision. If we keep the utility model in force in unchanged form, the invalidation requester has the right to appeal. If we declare the utility model partially invalid, both parties have the right to appeal against the decision. Read more on the Market Court’s website.Open link in a new tab