ORGANISATION MONDIALE 
DU COMMERCE 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce IJ:>/l~'/1/~ll'J/J:>/l 
30 septembre 1996 
(96-3884) 
Original: anglais 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Finlande 
Le présent document contient une traduction non officielle1 de la Loi sur les brevets 
du 15 décembre 1967 (550), notifiée par la Finlande sous couvert d'une communication de la Mission 
permanente de la Finlande, datée du 1er août 1996, qui complète la notification de cette loi figurant 
dans le document IP/N/l/FIN/1. 
1En anglais seulement. IP/NIlIFIN /PI 1 
Page 2 
FINLAND 
Patents Act (Unofficial draft) 
No. 550 of December IS, 1967, as amended by Acts No. 653/67 of 29 December 
1967, No. 575/71 of 2 July 1971, No. 407/80 of 6 June 1980, No. 387/85 of 10 May 
1985 , No. 801/91 of 10 May 1991, No. 577/92 of 26 June 1992, No. 1034/92 of 13 
November 1992, No. 1409/92 of 18 December 1992, No. 593/94 of 28 June 1994, 
No. 717/95 of 21 April 1995 and No. 1695/95 of 22 December 1995 
Chapter 1 
General Provisions 
1. Anyone who has made an invention which is susceptible of industrial 
application, or his successor in title, shall be entitled, on application, to a 
patent and, thereby, to the exclusive right to exploit the invention 
commercially, in accordance with this Act. 
The follo\ving, as such, shall not be regarded as inventions: 
(1) discoveries, scientific theories and mathematical methods; 
(2) aesthetic creations: 
(3) schemes, rules and methods for performing mental acts, playing games or 
doing business, and programs for computers; 
(4) presentations of information. 
Likewise, methods for surgical or therapeutic treatment or diagnostic methods, 
practiced on humans or animals, shall not be regarded as inventions. This 
provision shall not, however, preclude the grant of patents for products, 
including substances and compositions, for use in any of these methods. 
Patents shall not be granted for: 
(1) inventions the exploitation of which would be contrary to morality or 
public policy; 
(2) plant or animal varieties or essentially biological processes for the 
production of plants or animals. However, patents may he granted for 
microbiological processes and products thereof. 
2. Patents may only be granted for inventions which are new in relation to 
\vhat \vas kno\vn before the filing date of the patent application and which als<? 
differ essentially therefrom. . 
Everything made available to the public in writing, in lectures, by public use or 
otherwise shall be considered as known. 
Also the contents of a patent application filed in this country before said filing 
date shall be considered as known if that application becomes available to the 
public pur~uant to Section 22. Likewise, the contents of a utility model 
application filed..in this country before the filing date of the patent application 
shall be deemed to have become known if said applica tion becomes available IP IN 11/FIN IP 11 
Page 3 
to the public pursuant to Section 18 of the Utility Model Act. The condition in 
the first paragraph that the invention must differ essentially from \vhat was 
known before the filing date of the patent application, does not, however, 
apply in respect of the contents of such patent or utility model applications. 
Applications referred to in Chapter 3 shall, for the purposes of the second 
paragraph, in certain cases have the same effect as patent applications filed in 
this country, pursuant to provisions laid down in Sections 29 and 38. 
The provision in the first paragraph, requiring that an invention be new, shall 
not preclude the grant of patents for known substances or compositions for use 
in a method referred to in the third paragraph of Section 1, provided that the 
use of the substance or composition is not known for such method. 
Patents may be granted, however, for inventions made available to the public 
within the six months preceding the filing date of the application if disclosure 
was the result of: 
(1) an evident abuse in relation to the applicant or his predecessor in title; or 
(2) the fact that the applicant or his predecessor in title had displayed the 
invention at an official, or officially recognized, international exhibition 
falling within the terms of the Convention on International Exhibitions 
signed at Paris on November 22, 1928 (Finnish Treaty Series 36/37). 
3. The exclusive right conferred by a p~tent shall imply, with the exceptions 
stated below, that no one may exploit an invention, without the owner's 
cons en t, by: 
(1) making, offering, putting on the market or using a product protected by the 
patent, or importing or possessing such product for these purposes; 
(2) using a process protected by the patent or offering such process for use in 
this country if he kno\vs or if it is evident from the circumstances that the use 
of the process is prohibited without the consent of the o\vner of the patent; 
(3) offering, putting on the market or using a product obtained by a process 
protected by the patent or importing or possessing such product for these 
purposes. 
A patent shall also confer on its owner the exclusive right to prevent any 
person not having his consent from supplying or offering to supply any 
person not entitled to exploit the invention with the means of working the 
invention in this country in relation to an essential element of the invention 
where such other person knows, or where it is evident from the 
circumstances, that the means are suitable and intended for working the 
invention. This provision shall not apply where the means are staple 
commercial products, except where such other person attempts to induce the 
receiver to commit any of the acts referred to in the first paragraph of this 
Section. For the purposes of this paragraph, any person using the invention in 
a manner referred to in the third paragraph, item (1), (2) or (4), shall not be 
regarded as entitled to exploit the invention. IP/N 11IFINIPl1 
Page 4 
The exclusive right shall not apply to: 
(1) use which is not commercial; 
(2) use of a patented product that has been put on the market within the 
European Economic Area by the o\vner of the patent or \vith his consent; 
(3) use in experiments relating to the invention as such; 
(4) preparation in a pharmacy of a medicine prescribed by a physician in 
individual cases or treatInent given 'with the aid of a medicine so prepared. 
4. Any person \-vho, at the time the patent application was filed, was 
commercially exploiting the invention in this country may continue to do so, 
notwithstanding the grant of a patent, provided that the general nature of such 
previous exploitation is maintained and that the exploitation does not 
constitute an evident abuse in relation to the applicant or his predecessor in 
title. Such right of exploitation shall also be afforded, subject to the same 
conditions, to any person who has made substantial preparations for 
commercial exploitation of the invention in this country. 
The right afforded under the first paragraph above can only be transferred to 
other parties together with the business in which it originated or in which 
exploitation was intended to take place. 
5. Notwithstanding the patent, an invention may be exploited on foreign 
vessels, aircraft or other means of transport for their own needs when 
temporarily entering Finland in regular traffic or otherwise. 
The Government may decree that, notwithstanding the grant of a patent, spare 
parts and accessories for aircraft may be imported into the country and used 
here for the repair of aircraft belonging to a foreign State in which 
corresponding privileges are granted in respect of Finnish aircraft. 
6. A patent applica tion relating to an invention disclosed not earlier than 12 
months before the date of filing in an application for a patent or a utility 
model filed in Finland or in an application for a patent, an inventor's 
certificate or utility model protection filed in another country party to the Paris 
Convention for the Protection of Inc;lustrial Property (Finnish Treaty Series 
36/10 and 43/15) or the Agreement Establishing the World Trade Organization 
(Finnish Treaty Series 5/95) shall be deemed, for the purposes of the first, 
second and fourth paragraphs of Section 2 and of Section 4,' to have been filed 
at the same time as the earlier application if the applicant so requests. Such 
priority may also be enjoyed under an earlier application for protection filed in 
a country not party to the above agreements if the corresponding priority 
deriving from a Finnish application is granted in such country and if the laws 
of such country substantially conform to the above agreements. 
The Government, or a patent authority appointed by the Government, shall 
lay down.,;the m,~nner in which priority claims shall be filed and the IP/N/lIFIN/P /l 
Page 5 
documents to be submitted in support of claims. Where such requirements are 
not satisfied, priority shall not be granted. 
Chapter 2 
The Patent Application and Its Processing 
7. "Patent Authority" shall mean the Patent Authority of Finland unless 
otherwise stated. The Patent Authority of Finland is the National Board of 
Patents and Registration of Finland, pursuant to provisions laid do\vn 
separately. 
8. Applications for patents shall be filed in writing \vith the Patent Authority 
or, in the cases referred to in Chapter 3, with the patent authority of another 
country or with an international organization. 
The application shall contain a description of the invention, together with 
drawings where necessary, and a precise statement of the subject matter for 
\vhich patent protection is sought (one or more claims). The fact that the 
invention relates to a chemical compound shall not mean that a specific use 
must be disclosed in the claim. The description shall be sufficiently clear to 
enable a person skilled in the art, \vith the guidance thereof, to carry out the 
invention. An invention relating to a microbiological process or to a product 
thereof shall be regarded, in the cases referred to in Section 8a, as disclosed 
with sufficient clarity only if the requirements set out in that Section are also 
satisfied. . 
An application shall also contain an abstract of the description and claims. The 
abstract shall merely serve for use as technical information and may not be 
taken into account for any other purpose. 
The inventor's name shall be stated in the application. If a patent is applied for 
by a person other than the inventor, the applicant shall be required to prove 
his title to the invention. 
The description, abstract and claims shall be written in Finnish or Swedish in 
compliance with the language laws in force. If the abstract and the claims are 
written in one only of the two national languages, the Patent Authority shall 
have the abstract and the claims translated into the other national language 
before the application is made available to the public under the second 
paragraph of Section 22. The applicant shall pay the prescribed translation fee. 
Where the applicant is a foreigner, the description shall be written in Finnish 
and the abstract and the claims in Finnish and Swedish. However, all 
applicants shall be entitled to write the description, abstract and claims in both 
languages. 
The applicant shall pay the prescribed application fee. The prescribed annual 
fee shall also be .. paid for the application in respect of each year that has begun IP IN/lIFINIP 11 
Page 6 
before a final decision is given on the application. A fee year shall be computed 
the first time from the day when the application was filed or is deemed to 
have been filed, and thereafter from the corresponding calendar day. 
8 a. If the carrying out of the invention involves the use of a n1icroorganism 
which is neither available to the public nor can be described in the application 
documents in such a manner as to enable a person skilled in the art to carry 
out the invention, a culture of the microorganism shall be deposited no later 
than the date of filing of the application. The culture shall be continuously on 
deposit thereafter so that any person entitled under this Act to a sample of the 
culture may have the sample furnished in Finland. The Government shall 
determine where deposits may be made. 
If a deposited culture ceases to be viable or if samples of the culture cannot be 
furnished for other reasons, it may he replaced by a new culture of the same 
microorganism as prescribed by the Government. Once this has been done, the 
new deposit shall be deemed to have been made on the date of the previous 
deposit. 
9. If the applicant so requests and pays the prescribed fee, the Patent Authority 
shall, under conditions laid down by Government decree, arrange for a 
novelty search by the International Searching Authority under Article 15(5) of 
the Patent Cooperation Treaty done at Washington on June 19, 1970. 
10. A patent may not be applied for in'respect of hvo or more inventions that 
are independent of each other in the same application. 
11. If a patent is applied for in respect of an invention disclosed by the applicant 
in an earlier application on which no final decision has been given, the later 
application shall, at the request of the applicant and on the conditions laid 
down by the Government, be deemed to have been filed at the time the 
documents disclosing the invention were filed with the Patent Authority. 
12. An applicant not domiciled in Finland shall be required to appoint a 
representative domiciled in the country to represent him in all matters 
concerning the application. 
13. An application for a patent may not be amended in such a way that 
protection is claimed for matter not disclosed in the application at the time it 
was filed or at the time it was deemed to have been filed under Section 14. 
14. If an applicant amends his application within six months of the date of 
filing, the application shall be deemed, if the applicant so requests, to have 
been filed at the time the amendment was filed. 
A request under the first paragraph must be made within two years from the 
filing data" of th~ application. Such request may be made once only and cannot be withdrawn. IP/N IIIFIN IP J1 
Page 7 
15. If the applicant fails to sa tisfy the requirements for the application or if the 
Patent Authority has other objections to the acceptance of the application, the 
applicant shall be notified thereof by official action and be invited to file his 
response or to correct the application within the specified period of time. The 
Patent Authority nlay, however, make such changes to the abstract as it deems 
necessary vvithout consulting the applicant. 
If the applicant fails to file observations or take steps to correct the application 
within the period of time laid down, the application shall be dismissed. The 
official action shall include a notice to that effect. 
A dismissed application may be reinstated it vvithin four months of the 
expiration of the time limit, the applicant files observations or takes steps to 
correct the application and, within the same period of time, pays the prescribed 
reinstatement fee. 
If the applicant fails to pay the annual fee under Sections 8, 41 and 42, the 
application shall be dismissed without official notification. Applications 
dismissed for such reason may not be reinstated. 
16. If, after the applicant has filed his observations, there still remains an 
obstacle to acceptance of the application \vhich the applicant has had an 
opportunity to comment on, the appliCation shall be rejected, unless there is 
reason to issue a further official notification to the applicant. 
17. If a person other than the applicant claims before the Patent Authority that 
he has proper title to the invention and if the circumstances are held to be 
uncertain, the Patent Authority may invite such person to institute 
proceedings before a court of law within a period of time to be laid down, 
failing \vhich the claim may be disregarded in the further processing of the 
pa tent applica tion. 
If proceedings for proper title to an invention in respect of which a patent has 
been applied for are pending before? court, the patent application may be 
suspended until a final decision is given by the court. 
18. If a person proves to the Patent Authority that he and not the applicant has 
proper title to the invention, the Patent Authority shall, if such person so 
requests, transfer the application to him. The transferee shall pay a new 
application fee. 
If a request is made for transfer of a patent application, the application shall 
not be dismissed, rejected or granted until a final decision has been taken on 
the request. IP/NIl/FIN/PI 1 
Page 8 
19. If the application satisfies the formal requirements and no obstacle is found 
to the grant of a patent, the application shall be accepted for public inspection 
under Section 21. 
Once an applica tion has been accepted for public inspection, no request may be 
filed under Section 14 and the claims may not be altered in such a way as to 
extend the scope of protection. 
20. The applicant shall pay the prescribed publication fee vvithin tvvo months 
from the date on which the application has been laid open for public 
inspection. Failing that, the application shall be dismissed. However, 
examination may be resumed if, within four months of the expiration of the 
prescribed time limit, the applicant pays the publication fee together with the 
prescribed reinstatement fee. 
If an application for a patent is filed by the inventor and if, within tvvo months 
of acceptance of the application for public inspection, he requests exemption 
from payment of the publication fee, the Patent Authority may grant 
exemption if the applicant is considered to have great difficulty in paying the 
fee. If the requ~st is rejected, a fee paid within two months thereafter shall be 
deemed to have been paid on time. . 
21. When the publication fee under Section 20 has been paid or exemption 
from payment has been granted, the Patent Authority shall lay the application 
open for public inspection to afford the public an opportunity to file 
opposition against the application. The laying open of the application for 
public inspection shall be announced. 
Opposition must be filed with the Patent Authority in writing within three 
months of the date of the announcement. 
From the date on which the application is laid open for public inspection, 
printed copies of the description, claims and abstract, giving also the name of 
the applicant and of the inventor, shall be obtainable from the Patent 
Authority. 
22. The application documents shall be available to the public as from the date 
on which the application is laid open for public inspection. 
Eighteen months after the filing date of the application or, if priority is 
claimed, the priority date, the documents shall be made available to the public 
regardless of whether the application has been laid open for public inspection. 
If the application has been dismissed or rejected, the documents shall be made 
available to the public only if the applicant requests reinstatement of his 
application, lodges an appeal or submits a request under Sections 71a or 71 b. 
At the request of the applicant, the documents may be made available earlier IP/N/lIFIN/P 11 
Page 9 
than provided in the first and the second paragraphs of this Section. 
When docunlents are made available under the second and third paragraphs 
of this Section/ a notice to that effect shall be published. 
If a document contains a business secret and if such secret does not concern the 
invention for which a patent is sought, the Patent Authority may, on request 
and if good reason is given, order that the document shall not be made 
available, either in \vhole or in part. Where such request is made, the 
document shall not be made available until the request has been refused by a 
final decision. 
Where the culture of a microorganism has been deposited under Section 8a, 
any person shall have the right to obtain a sample of the culture once the 
documents have become available to the public under the first, second or third 
paragraph. However, this shall not mean that samples will be issued to any 
person not allowed by law or other rules to handle the deposited 
microorganism. It shall also not imply that samples may be issued to any 
person whose handling of the sample can be assumed to involve an obvious 
risk in view of the harmful properties of the microorganism. 
Notwithstanding the provision in the first sentence of the sixth paragraph, 
samples of a deposit shall be issued only to a special expert, if the applicant so 
requests, until the patent application h~s been laid open for public inspection 
or a final decision has been taken without it being laid open for public 
inspection. The Government shall lay down the time limits for making such 
request and determine who may be called as an expert by a person wishing to 
obtain a sample. 
A person wishing to obtain a sample shall submit a request in writing to the 
Patent Authority and give an undertaking in the terms laid down by the 
Government to prevent misuse of the sample. Where samples may be issued 
to a special expert only, the undertaking must be given by such expert. 
23. On expiration of the period specified in the second paragraph of Section 21, 
examination of the application shalLbe resumed in order to reach a decision 
on grant of a patent. Sections 15 to 18 shall apply in respect of such 
examination. 
Where opposition to the grant of a patent has been filed, the applicant shall be 
notified thereof and given an opportunity to make observations on the 
opposition. 
24. An applicant may appeal from a final decision of the Patent Authority if 
the decision is not in his favor. Where a decision to grant a patent is taken 
despite duly filed opposition, the person who filed the opposition may lodge 
an appeal/Such )lppeal may be examined, even if the appellant withdraws his IP 1Nl lIFINIP /1 
Page 10 
appeal, where special circumstances warrant. 
A decision rejecting a request for reinstatement under the third paragraph of 
Section 15 or the first paragraph of Section 20 or decisions granting a request 
for transfer of an application under Section 18 may be appealed from by the 
applicant. Decisions rejecting a request for transfer of an application under 
Section 18 may be appealed from by the person making the request. 
Decisions rejecting a request for an order under the fifth paragraph of Section 
22 may be appealed from by the applicant who made the request. 
25. Appeals under Section 24 shall be heard by the Board of Appeals of the 
National Board of Patents and Registration of Finland. Separate provisions 
shall apply to the appeal procedure and the proceedings in the Board of 
Appeals. 
26. A patent shall be granted once the application has been approved and 
approval has become final. Once a patent has been granted, it shall be 
announced and letters patent shall be issued. If the description or the claims 
have heen amended after having been printed under the third paragraph of 
Section 21, printed copies of the documents, including the names of the 
applicant and the inventor, shall be made available at the Patent Authority in 
their final form. 
Where an application which has been made available to the public is 
dismissed or rejected, the decision shall be announced once it has become 
final. 
27. Granted patents shall be recorded in the Patent Register kept by the Patent 
Authority. 
Chapter 3 
International Patent Application 
28. "An international application" shall mean an application made under the 
Patent Cooperation Treaty. 
International applications shall be filed with a patent authority or an 
international organization (receiving Office) authorized under the Patent 
Cooperation Treaty and its Regulations to receive such applications. The 
receiving Office in Finland shall be the National Board of Patents and 
Registration of Finland, as laid down by Government decree. Applicants filing 
an international applica tion in Finland shall pay the prescribed fee. 
Sections 29 to 38 apply to international applications in which Finland is 
deSignated. IP/N/lIFINlPl1 
Page 11 
29. An international application to which a receiving Office has assigned an 
international filing date shall have the same effect in Finland as a Finnish 
application filed on the same date. The.second sentence in the second 
paragraph of Section 2 shall apply only to an international application that has 
been pursued under Section 31. 
30. An international application shall be deemed withdrawn as far as the 
designation of Finland is concerned in the cases referred to in Article 24(1)(i) 
and (ii) of the Patent Cooperation Treaty. 
31. Where an applicant wishes to pursue an international application in 
Finland, he shall file vvith the Patent Authority a translation in Finnish or 
S\vedish of the international application \vithin 20 months of the 
international filing date or, \vhere priority is claimed, of the priority date, to 
the extent prescribed by the Government, or a copy of the application where it 
is written in Finnish or Swedish. The applicant shall pay the prescribed fee to 
the Patent Authority \vithin the same period. 
Where an applicant has requested that the international application be the 
subject of an international preliminary examination, and if within 19 months 
of the date referred to in the first paragraph of this Section he had stated his 
intention under the Patent Cooperation Treaty and its Regulations to use the 
results of the international preliminary examination in applying for a patent 
for Finland, he shall comply \vith the requirements of the first paragraph 
within 30 months of that date. 
If the applicant has paid the prescribed fee within the time limit laid down in 
the first or second paragraph, the required translation or a copy of the 
application may be filed \vithin a further period of two months, provided the 
prescribed additional fee is paid within that same period. 
If the applicant does not satisfy the requirements of this Section, the 
application shall be deemed \vithdrawn as far as Finland is concerned. 
32. Where an applicant withdraws his request for international preliminary 
examination or his statement of his intention to use the results of such 
examination in applying for a patent in Finland, the international application 
shall be deemed withdrawn as far as Finland is concerned. The application 
shall not be deemed withdrawn, however, if 'Yvithdrawal is made prior to the 
expiration of the time limit laid down in the first paragraph of Section 31 and if 
the applicant also pursues the application within the time limit laid down in 
the first or third paragraph of Section 31. 
33. Where an international application has been pursued under Section 31, 
Chapter 2 shall apply in respect of the application and examination unless 
otherwise/provi.ded in this Section or in Sections 34 to 37. However, the 
application may be taken up for examination prior to expiration of the period IP IN/lIFINlP/1 
Page 12 
laid do\vn in the first and second paragraphs of Section 31 only if so requested 
by the applicant. 
The applicant shall not be required to appoint a representative domiciled in 
Finland under Section 12 until examination of the application begins. 
The second and third paragraphs of Section 22 shall take effect even before the 
application has been pursued, once the applicant has 'complied \vith the 
requirement under Section 31 to file a translation of the application or, if the 
application is in Finnish or Swedish, once the applicant has filed a copy of the 
application with the Patent Authority. 
For the purposes of Sections 48, 56 and 60, the international application is 
deemed to have become available to the public once the applicant has fulfilled 
the obligations under the third paragraph. 
Where the application satisfies the requirements as to form and contents laid 
do\vn by the Patent Cooperation Treaty and its Regulations, it shall be accepted 
in tha t respect. 
34. An international application shall not be accepted for laying open to public 
inspection nor be rejected before expiration of the time limit laid down by the 
Government, unless the applicant agr~es to an earlier ruling on the 
application. 
35. An international application may not, without the consent of the applicant, 
be laid open to public inspection or be made public by the Patent Authority, in 
printed form or another similar manner, prior to its publication by the 
International Bureau of the World Intellectual Property Organization or prior 
to the expiration of a period of 20 months after the international filing date or, 
\vhere priority is claimed, after the priority date. 
36. Where part of an international application has not been the subject of an 
international search or an international preliminary examination on the 
grounds that the application is held to include independent inventions and 
the applicant has not paid the additional fee laid down by the Patent 
Cooperation Treaty within the prescribed period, the Patent Authority shall 
ascertain whether the decision not to conduct a search or an examination was 
correct. Where the Patent Authority considers that the decision was correct, 
that part of the application that has not been the subject of a search or an 
examination shall be deemed withdrawn at the Patent Authority unless the 
applicant pays the prescribed fee within two months of the date on which he 
receives notification of the Patent Authority's decision. Where the Patent 
Authority considers the decision to have been incorrect, it shall proceed with 
examination of the application in its entirety. 
The applicant may appeal against a decision taken under the first paragraph in IP IN/lIFINIP 11 
Page 13 
those cases \vhere the Patent Authority has found that the application includes 
independent inventions. The first and second paragraphs of Section 25 shall 
apply mutatis nZlltandis. 
vVhere the appeal authority upholds the decision of the Patent Authority, the 
time limit for payment of the fee referred to in the second sentence of the first 
paragraph above shall be computed as from the da te on \vhich the decision of 
the appeal authority becomes final. 
37. Where a part of an international application has not been the subject of an 
international preliminary examination because the applicant has restricted the 
claims after being invited by the International Preliminary Examining 
Authority either to restrict his claims or to pay an additional fee, that part of 
the application not examined shall be deemed withdra\vn before the Patent 
Authority unless the applicant pays the prescribed fee within two months of 
the date he received the corresponding notification from the Patent Authority. 
38. Where a receiving Office has refused to accord an international filing date 
to an international application or has stated that the application is deemed 
withdrawn or that designation of Finland is deemed withdrawn, the Patent 
Authority shall review the decision if the applicant so requests. The same shall 
apply to any decision by the International Bureau to the effect that an 
application is deemed withdrawn. 
A request for review under the first paragraph shall be filed with the 
International Bureau vvithin the time limit laid down by the Government. 
Within that same time limit, the applicant shall file with the Patent Authority 
a translation of the application, to the extent prescribed by the Government, 
and shall pay the prescribed application fee. 
Where the Patent Authority finds that the decision by the receiving Office or 
by the International Bureau was incorrect, it shall examine the application as 
provided in Chapter 2. If the receiving Office has not accorded an international 
filing date, the application shall be deemed to have been filed on the date that 
the Patent Authority considers shou.Id have been accorded as the international, 
filing date. Where the application satisfies the requirements as to form and 
contents laid down by the Patent Cooperation Treaty and its Regulations, it 
shall be accepted in tha t respect. 
The second sentence of the second paragraph of Section 2 shall apply to 
applications accepted for examination under the third paragraph of this 
Section if the application is made available to the public under Section 22. 
Chapter 4 
The Scope and Term of a Patent 
39. The scope of protection conferred by a patent shall be determined by the IP/N/lIFINIP 11 
Page 14 
claims. The description may serve as guidance for interpreting the claims. 
40. A granted patent nlay be maintained for 20 years from the date on which 
the application was filed. 
A prescribed annual fee shall be payable for the patent in respect of each fee 
year beginning after the grant. If a patent is granted before annual fees for the 
application have become due under Section 41, the owner of the patent shall 
also be required to pay annual fees for the fee years beginning prior to the grant 
of the patent, at the time the annual fee for the patent becomes due for the first 
tinle. 
Chapter 5 
Annual Fees 
41. The annual fee shall be payable on the last day of the calendar month 
during which the fee year begins. The annual fees for the first two years, 
however, shall not become payable until t~e fee for the third fee year is due. 
Annual fees may not be paid earlier than six months before the due date. 
For a later application under Section 11, the annual fees for fee years which 
have begun before the filing date of the later application, or which begin 
within two months of that date, shall tn no event become due before two 
months have elapsed since such date. The annual fees for an international 
application in respect of fee years which have begun before the date on which 
the application was pursued under Section 31 or was taken up for processing 
under Section 38 or which begin within two months of such date shall in no 
event become due before two months have elapsed follo\ving the date on 
which the application \vas pursued or otherwise prosecuted. 
Annual fees, together with prescribed additional fees, shall be payable within 
the six months follo\ving the due date. 
42. Where the applicant or owner of the patent is the inventor and if he 
experiences serious difficulty in paying the annual fees, the Patent Authority 
may grant him respite in respect of payment if he makes a corresponding 
request no later than the date on which annual fees become due for the first 
time. Respite may be granted for up to three years at a time, but at most up to 
the third year that has elapsed following grant of the patent. 
A request for prolongation of respite must be made before the existing respite 
has expired. 
If the request for respite or prolongation of respite is refused, any fee paid 
within two months of refusal shall be deemed to have been paid on time. 
The annual fees for which respite of payment has been granted under the firsf IPINIl/FIN IPII 
Page 15 
paragraph may be paid together with the additional fee prescribed in the third 
paragraph of Section 41 within the six months following the date up to which 
respite was granted. 
Chapter 6 
Assignment, Licences and Compulsory licences 
43. vVhere the o\vner of the patent has granted another person the right to 
exploit the invention commercially (a licence), the licensee shall not be 
entitled to assign his right to a further party, except as otherwise agreed. 
44. The transfer of patents and the grant of licences shall be recorded, on 
request, in the Patent Register. The same shall apply if a patent has been given 
as securi ty. 
On proof that a licence or a mortgage recorded in the Register is no longer in 
force, the entry of that licence shall be deleted from the Register. 
The first and second paragraphs shall apply mutatis mutandis to compulsory 
licences and to rights under the second paragraph of Section 53. 
The person last recorded in the Register as the patentee shall be deemed the 
owner for the purposes of law suits an.d for other matters concerning the 
patent. 
If a person acting in good faith has requested the Patent Authority to record in 
the Register that a patent has been assigned to him or that he has obtained a 
licence under a patent or a mortgage in a patent, prior assignment of the patent 
or rights therein shall not be enforceable against him if the other party has not 
previously requested registration as the assignee or holder of rights in the 
patent. 
45. Where three years have elapsed since the grant of the patent and four years 
have elapsed from the filing of the application, and if the invention is not 
worked or brought into use to a reasonable extent in Finland, any person who 
wishes to work the invention in Finland may obtain a compulsory licence to 
do so unless legitimate grounds for failing to work the invention may be 
shown. 
Subject to reciprocity, the Government may direct that, for the purposes of the 
first paragraph of this Section, the working of .an invention in a foreign State 
shall be deemed equivalent to working in this country. 
46. The owner of a patent for an invention whose exploitation is dependent on 
a patent h~ld by another person may obtain a compulsory licence to exploit the 
invention protected by such patent if deemed reasonable in view of the 
importance of the first-mentioned invention or for other special reasons. IPINIl/FIN IP 11 
Page 16 
The owner of a patent in respect of which a compulsory licence is granted 
under the first paragraph of this Section may obtain a compulsory licence to 
exploit the other invention unless there are special reasons to the contrary. 
47. In the event of considerable public interest, a person \vho \vishes to exploit 
commercially an invention for vvhich another person holds a patent may 
obtain a compulsory licence to do so. 
48. Any person \vho \vas commercially exploiting in this country an invention 
which is the subject of a patent application, at the time the application 
documents \vere made available under Section 22, shall, if the application 
results in a patent, be entitled to a compulsory licence for such exploitation, 
provided there are special reasons for this and also provided that he had no 
knowledge of the application and could not reasonably have obtained such 
knowledge. Such a right shall also be enjoyed, under corresponding 
conditions, by any person who has made substantial preparations for 
commercial exploitation of the invention in this country. Compulsory licences 
may also relate to the period of time preceding the grant of the patent. 
49. A compulsory licence may only be granted to a person deemed to be in a 
position to exploit the invention in an acceptable manner and in accordance 
with the terms of the licence who, before filing a claim for a compulsory 
licence, has made a verifiable effort to obtain, on reasonable commercial terms, 
a licence to the patented invention. A compulsory licence shall not prevent 
the owner of the patent from exploiting the invention himself or from 
granting licences under the patent. A compulsory licence may only be 
transferred to a third patty together with the enterprise in which it is explOited 
or was intended to be exploited. 
50. Compulsory licences shall be granted by a court of law, vvhich shall also 
decide the extent to which the invention may be exploited and shall determine 
the remunera tion to be paid and any other conditions under the licence. In the 
event of a substantial change in the circumstances, the court may, on request, 
revoke the licence or lay down new conditions. 
Chapter 7 
Termination of the Patent 
51. If the annual fee under Sections 40, 41 and 42 is not paid, the patent shall 
lapse as from the start of the fee year for which the fee has not been paid. 
52. The court shall declare a patent invalid, in a relevant action: 
(1) if it has been granted despite the fact that the requirements of Sections 1 or 2 
were not s_a tisfied; 
(2) if it concerns an invention the description of which is not sufficiently clear 
or, clue to changed circumstances, is no longer sufficiently clear to enable a person skilled in the art to carry out the invention; IP IN/lIFIN /P1l 
Page 17 
(3) if it contains subject matter not included in the application as filed; or 
(4) if it was granted despite the fact that the scope of protection "vas extended 
after the application had been approved for laying open to public inspection. 
A patent may not be declared invalid on the grounds that the O~Nner of the 
patent was entitled to a part of it only. 
Legal proceedings may also be instituted, with the exception laid do\vn in the 
fourth paragraph of this Section, by any person who suffers prejudice on 
account of the patent or by a public authority appointed by the Government for 
reasons of public interest. 
Proceedings instituted on the grounds that a patent has been granted to a 
person other than the person entitled to it under the provisions of Section 1 
may only be instituted by the person claiming entitlement to the patent. Such 
proceedings shall be brought within one year after the entitled person gained 
knowledge of the grant of the patent and of any other circumstances on which 
the proceedings are founded. Proceedings may not be instituted more than 
three years after the grant of the patent where the owner of the patent acted in 
good faith at the time the patent was granted or assigned to him. 
53. Where a patent has been granted to a person other than the person entitled 
to the patent under Section 1 and where proceedings are instituted by that 
entitled party, the court shall transfer the patent to that party. The fourth 
paragraph of Section 52 shall apply with respect to the time limit vvithin which 
proceedings shall be instituted. 
Where the person deprived of the patent had, in good faith, begun commercial 
exploitation of the invention in this country or had made substantial 
preparations for exploitation, he shall be entitled, against reasonable 
remuneration and on other reasonable terms, to continue the exploitation 
already begun or to commence the intended exploitation, provided that its 
general nature is maintained. Subject to the same conditions, a holder of a 
licence recorded in the Patent Register shall have the same rights. 
Rights under the second paragraph of this Section may only be transferred to 
third parties together with the enterprise in which they are exploited or in 
which exploitation was planned. 
54. Where the owner of a patent surrenders his patent in writing to the Patent 
Authority, that Authority shall declare the patent to be terminated. 
Where a patent is distrained upon for a debt or litigation is pending on the 
transfer of ?l patent, the patent may not be declared terminated while the 
distraint is" effective or until a final decision is given in the proceedings. The 
same shall apply if a mortgage right has been recorded in the Patent Register. IP/N/lIFINIP/l 
Page 18 
55. Where a patent has lapsed, been declared terminated, been declared invalid 
by a final court decision or been transferred, the Patent Authority shall publish 
a notice of tha t fact. 
Chapter 8 
Obligation to Provide Information 
56. An applicant \vho invokes his patent application against another person 
before the documents in the application file have become available under 
Section 22 shall be required, on request, to allow such person to have access to 
the documents. If the patent application includes the deposit of a culture of a 
microorganism under Section Ba, such consent shall also include the right to 
obtain a sample of the culture. The second and third sentences of the sixth 
paragraph and the seventh and eighth paragraphs of Section 22 shall apply in 
the event of a person wishing to obtain a sample on the basis of such consent. 
Any person who indicates in addressing himself directly to other persons or in 
announcements or by'markings on goods or their packaging or in any other 
way that a patent has been applied for or granted, without at the same time 
indicating the number of the application or the patent, shall be required, on 
request, to furnish such number without delay. Where it is not explicitly stated 
that a patent has been applied for or granted, but the circumstances are such as 
to create the impression that this is the case, information as to whether a 
patent has been applied for or granted shall be given on request without delay. 
Chapter 9 
Liability, Obligation to Pay Compensation and Court Proceedings 
57. The court may forbid any person who infringes the exclusive right afforded 
by a patent (patent infringement) from continuing or repeating the act. 
Where such person intentionally infringes a patent, he shall, unless the act is 
punishable as an industrial property right offence under Section 2 of Chapter 
49 of the Penal Code, be liable to a fine for aviolation of a patent right. 
Indictment for this offence may only be brought by the Public Prosecutor at the 
request of the injured party. 
57 a. If a patent has been granted for a process for obtaining a product, any 
identical product produced without the consent of the owner of the patent 
shall, in the absence of proof to the contrary, be deemed to have been obtained 
by the patented process. 
In the adduction of proof to the contrary, the legitimate interests of defendants 
in protecting their manufacturing and business secrets shall be taken into 
account. IP 1Nl l/FINIPI 1 
Page 19 
58. Any person \-vho intentionally or negligently infringes a patent shall be 
liable to pay reasonable compensation for the exploitation of the invention 
and damages for other injury caused by the intringement. In the case of slight 
negligence, the compensation may be adjusted accordingly. 
A person found guilty of patent infringement that is neither intentional nor 
negligent shall pay con1pensa tion for the exploitation of the invention if and 
to the extent held reasonable. 
Compensation proceedings for patent infringement shall only refer to 
damages over the five years prior to institution of proceedings. The right to 
compensation for damages suffered prior to that period shall lapse. 
59. At the request of the party injured by patent infringen1ent, the court may 
order, to the extent deemed reasonable for the prevention of further 
infringement, that patented products manufactured without the consent of the 
owner of the patent, or objects whose use would constitute patent 
infringement, shall be altered in a specified manner or be impounded for the 
remainder of the term of the patent or be destroyed or, in the case of patented 
products, be surrendered against payment of their value to the injured party. 
This provision shall not apply to anyone 'Yvho has acquired such objects of 
property or special rights in respect of such objects in good faith and who has 
not himself infringed the patent. 
The objects of property referred to in the first paragraph may be seized if it is 
reasonable to assume that the offence referred to in Section 2 of Chapter 49 of 
the Penal Code or in Section 57 of this Act has been committed. In such case, 
the provisions on seizure in the Coercive Criminal Investigation Means Act 
shall apply. 
Notwithstanding the provisions of the first paragraph, the court may order, on 
request, if there are special reasons for this, that the holders of objects referred 
to in the first paragraph shall be able to dispose of the objects for the remainder 
of the patent term or for a part thereof, against reasonable compensation and 
on reasonable conditions. 
60. Where any person commercially exploits an invention which is the subjec~ 
of a patent application after the application documents have been made 
available under Section 22, the provisions on patent infringement shall apply 
mutatis mutandis if the application results in a patent. However, until it has 
been announced under Section 21 that the application has been laid open to 
public inspection, protection shall extend only to the subject matter disclosed 
both in the claims as vvorded when the application became available to the 
public and in the claims according to the patent. There shall be no liability to 
punishment, and damages arising from exploitation prior to announcement 
of the laying open of the patent application may be assessed only on the basis 
of the second paragraph of Section 58. IP IN/lIFINIP /l 
Page 20 
The third paragraph of Section 58 shall not apply if action for compensation is 
brought ,.vithin one year of the grant of the patent. 
61. Where a patent has been declared invalid in a final decision, no penalty, 
payment of compensation or other measures may be ordered under Sections 
57 to 60 or Section 2 of Chapter 49 of the Penal Code. 
Where the defendant in infringement proceedings claims that the patent is 
invalid, the court may, at the defendant's request, stay proceedings until 
validity has been determined. Where no such action has been brought by the 
defendant the court shall order him, in connection with the stay of 
proceedings, to bring such action within a period of time it shall determine. 
62. Any person who by intention or negligence, other than slight negligence, 
fails to comply with Section 56 shall be sentenced to a fine. 
Any person \yho, in the instances described in Section 56, provides incorrect 
information shall also be sentenced to the same penalty, unless the offence is 
punishable under the Penal Code. 
Indictment for an offence referred to in this Section may be brought by the 
Public Prosecutor only at the request of the injured party. 
63. The o\vner of a patent or any person authorized to exploit an invention 
under licence may bring an action before the court for a declaratory judgment 
to establish \vhether he enjoys protection against other parties on the basis of 
the patent in the event of uncertainty that may be prejudicial to him. 
Any person who carries on or intends to carry on a commercial activity may, 
subject to the same conditions, bring an action against the owner of the patent 
to obtain a declaratory judgment to determine whether the patent constitutes 
an obstacle to such activity. 
If it is claimed, under an action brought pursuant to the first paragraph of this 
Section, that the patent is invalid, the second paragraph of Section 61 shall 
apply nZlltatis mutandis. 
64. Any person \vho wishes to bring an action for invalidation of a patent, 
transfer of a patent or grant of a compulsory licence shall advise the Patent 
Authority thereof and shall notify all persons recorded in the Patent Register 
as licensees or holders of a mortgage thereof. If a licensee wishes to bring an 
action for infringement or for a declaratory judgment under the first 
paragraph of Section 63, he shall notify the owner of the patent thereof. 
The requirement to notify pursuant to the first paragraph shall be deemed 
satisfied when notification by registered letter has been sent to the addresses recorded in the Patent Register. IP IN/lIFINIP /l 
Page 21 
If it cannot be sho\vn, at the time the action is brought, that advice or 
notification has been effected pursuant to the first paragraph, the plaintiff shall 
be given a time limit to do so. If such time limit is exceeded, the action shall 
not be heard. 
65. The District Court of Helsinki shall be competent to hear proceedings in 
respect of: 
(1) proper title to the invention for \vhich a patent is sought; 
(2) invalidation or transfer of a patent; 
(3) grant of a compulsory licence, determination of new conditions or 
revocation of such licence or rights under the second paragraph of Section 53; 
(4) infringement; 
(5) declaratory judgments pursuant to Section 63; 
or 
(6) assessment of compensation under Section 75. 
In addition to the cases provided in the first paragraph, the District Court of 
Helsinki shall also be competent in matters concerning the right to an 
invention for which a European patent under European Patent Convention 
(Finnish Treaty Series 8/96) has been sought. A prerequisite for hearing such 
case in the District Court of Helsinki is-that the defendant is domiciled in 
Finland or that the plaintiff is domiciled in Finland and the defendant is not 
domiciled in a country which is party to the European Patent Convention. The 
District Court of Helsinki shall also hear the case if the parties have agreed that 
the District Court of Helsinki shall be competent in the case. 
A dispute referred to in the first paragraph may not be heard by the District 
Court of Helsinki if the same dispute between the same parties is pending 
before the court of another country that is party to the European Patent 
Convention. If the competence of such foreign court has been contested, the 
District Court of Helsinki shall postpone the hearing of the case until the 
question of competence has been finally decided by the foreign Court. 
65 a. A final decision taken by a court of a Contracting State of the European 
Patent Convention in a dispute referred to in the second paragraph of Section 
65 is enforceable in Finland. A court decision passed on the applicant for a 
European patent, is not, however, enforceable in Finland, if the writ of 
summons has not been duly served to him or if he has not been afforded a 
sufficient time for preparing himself for the court proceedings. 
66. In proceedings pursuant to Section 65, the District Court shall be assisted by 
two technical experts to be appointed by the Court. The experts shall give their 
views on the matters submitted to them by the Court. Their views shall be 
entered in the record. The experts shall be entitled to question the parties and 
the witnesses. IP/N/lIFIN/P 11 
Page 22 
67. The District Court shall appoint an appropriate number of experts as 
referred to in Section 66 for each calendar year. Before making the 
appointments, the Court shall request the opinion of the State Technical 
Research Center and the Central Chamber of Commerce. Such appointment 
may not be refused \vithout statutory justification. 
Before taking up his appointment, an expert shall be required to take the 
prescribed oath. 
Experts shall be paid a reasonable fee for each case as laid down by the Court 
together \vith compensation for travelling expenses as prescribed by the 
Governmen t. 
68. At the request of the plaintiff, the Court may grant an interlocutory 
injunction on use of the patent or may order that the objects of property 
referred to in Section 59 be provisionally seized for the duration of the 
proceedings. 
Where the Court has granted an injunction or ordered seizure under the first 
paragraph of this Section, the plaintiff may be required to provide such 
security as the Court accepts for any damage or inconvenience that may be 
suffered by the other party due to the action. 
Relief from a decision on injunction or seizure or the lifting of such measures 
during the course of the proceedings may be sought by separate appeal. 
69. In proceedings for invalidation of a patent, the Court shall request the view 
of the Patent Authority. 
In other proceedings concerning patents, the Court may request the view of 
the Patent Authority as required by the circumstances of the case. 
70. Copies of decisions under SectioI). 65 shall be communicated by the court to 
the Patent Authority vvith a statement as to whether the decision has become 
final. 
Chapter 9 a 
Supplementary Protection Certificate for Medicinal Products 
70 a. Council Regulation (EEC) No 1768/92 provides for the creation of a 
supplementary protection certificate for medicinal products. In addition, the 
provisions of this Chapter shall apply in respect of supplementary protection 
certifica tes. 
70 b. ApplIcations tor supplementary protection certificates shall be filed with 
the Natior:tal Board of Patents and Registration of Finland. IP IN/lIFIN /P 11 
Page 23 
70 c. The applicant shall pay the prescribed application fee. The o\vner of the 
certificate shall pay the prescribed annual fee for the supplementary protection 
certificate. 
70 d. Provisions concerning infringement of patent rights apply to infringement 
of rights conferred by a supplementary protection certificate. 
70 e. More specific regulations concerning implementation of the provisions of 
this Chapter and the procedure to be followed in applying for and granting 
supplementary protection certificates may be decreed by the Government. 
Chapter 9 b 
European Patents and Applications for European Patents 
70 f. For the purposes of this Act, a European patent is a patent which has been 
granted by the European Patent Office under the European Patent Convention. 
A European patent application is a patent application filed under said 
Convention. 
A European patent may be granted as having effect in Finland. 
An application for a European patent shall be filed with the European Patent 
Office. Such application may also be filed with the Finnish Patent Authority to 
be transmitted by the Patent Authority to the European Patent Office. However, 
European patent applic~tions relating to inventions referred to in the Act on 
Inventions of Importance to the Defense of the Country (No. 551/67) shall be 
filed with the Finnish Patent Authority. Applications referred to in Article 76 of 
said Convention (European divisional applications) shall always be filed with 
the European Patent Office. 
The provisions of this Chapter shall apply to European pa tents and European 
patent applications designating Finl~nd. 
70 g. A European patent is granted when the European Patent Office has 
announced its decision to allow the patent application. The European patent 
having effect in Finland has the same legal effect as a patent granted by the 
Finnish Patent Authority and is also otherwise subject to the same conditions as 
such patent, unless otherwise provided for in this Chapter. 
70 h. A European patent has effect in this country only if the applicant or patent 
holder has supplied, within the prescribed period, to the Patent Authority a 
translation into Finnish of the documents forming the basis for granting the 
patent, and wit~i:t} the same period has paid the prescribed fee for printing the 
translation, as st'ipulated in more detail by decree. If the applicant's or patent 
holder's own language is Swedish, the translation may, however, be filed in IPINI lIFINIP /1 
Page 24 
Swedish. If the European Patent Office rules that a European patent shall be 
maintained \vith amended wording this shall also apply with respect to the 
amended documents. 
The translation shall be available to anyone, provided that the European Patent 
Office has published the European patent application or has announced its 
decision to grant the patent. 
If a translation has been supplied and the fee paid within the prescribed period 
and if the European Patent Office has announced its decision to allovv the patent 
application or its decision that the European patent shall be maintained with 
amended wording, the Patent Authority shall without delay issue an 
announcement to that effect in Finnish and Swedish. As soon as possible, 
copies of the translation shall be obtainable to the public. The Patent Authority 
shall see to it that the claims of the European patent are, where necessary, 
available both in Finnish and Svvedish. 
70 i. The provisions of the first paragraph of Section 71a correspondingly apply 
to filing of a translation under the first paragraph of Section 70h and payment of 
a fee for printing the translation. If it is decided under the first paragraph of 
Section 71a that the act shall be deemed to have been completed within the 
prescribed time li~it, the Patent Authority shall without delay make an 
announcement to that effect both in Fi"nnish and Swedish. 
If anyone, after the time limit according to the first paragraph of Section 70h has 
expired but before the announcement according to the first paragraph above has 
been published, has begun in good faith to use the invention commercially in 
this country or has made substantial preparations therefor, he shall enjoy the 
right provided in the second and third paragraphs of Section 71c. 
70 j. The provisions of the first paragraph, subparagraph 4, of Section 52, 
concerning extension of scope of patent protection, shall also apply to a 
European patent if the scope of patent protection has been extended after the 
grant of the European patent. 
70 k. If the European Patent Office has revoked a European patent in its entirety 
or in part, this revocation shall have effect as if the patent in this country were: 
declared invalid to the corresponding extent. The Finnish Patent Authority 
shall without delay announce the revocation both in Finnish and Swedish. 
70 1. Prescribed annual fees shall be paid for each fee year beginning after the 
year in which the European Patent Office announced its decision to allow the 
patent application. 
If an annu"al fee fqr a European patent is not paid according to the provisions in 
the first paragraph and in Section 41, Section 51 shall be correspondingly 
applicable~ The first annual fee is not, however, due for payment before two IP/N/lIFINlPll 
Page 25 
months have passed from the date on which the patent was granted. 
70 m. A European patent application which has been accorded a filing date by 
the European Patent Office shall have the same effect in this country as a 
Finnish patent application filed on said date. If the application under the 
European Patent Convention enjoys priority from an earlier date than the filing 
date, such priority shall have effect also in Finland. 
For the purposes of the second paragraph of Section 2, the publication of a 
European patent application pursuant to Article 93 of the European Patent 
Convention shall be equivalent to the application becoming available to the 
public pursuant to Section 22. This shall also apply to publication referred to in 
Article 158(1) of the Convention if said publication is ruled by the European 
Patent Office to be equivalent to publication pursuant to Article 93. 
70 n. If a European patent application has b~en published under Article 93 of the 
European Patent Convention and a translation into Finnish of the patent 
claims as worded when published has been filed with the Patent Authority, the 
Patent Authority shall make the translation available to anyone and make an 
announcement in Finnish and Swedish to this effect. If the applicant's own 
language is Swedish, the translation may, however, be filed in Swedish. The 
Patent Authority shall see to it that the published patent claims are, where 
necessary, available to the public in Finnish and Swedish. 
If anyone uses an invention commercially for which patent protection is sought 
by a European patent application after the announcement pursuant to the first 
paragraph has been ma~e, the provisions concerning patent infringement shall 
apply correspondingly if the application results in a patent for Finland. In such 
case, however, the patent protection shall only extend to that revealed in both 
the patent claims as \vorded when published and the claims according to the 
patent. Punishment shall not be imposed in this case and damages for use taken 
place before the announcement referred to in the first paragraph may only be 
determined pursuant to the second paragraph of Section 58. 
The provisions of the third paragraph of Section 58 shall not apply if the action 
for compensation is brought within one year after the period for opposition 
against the patent has expired or, if opposition has been filed, within one year : 
after the decision by the European Patent Office to maintain the patent. 
70 o. If a European patent application or request that such application shall 
designate Finland has been withdrawn, this shall have the same effect as 
withdrawal of a national patent application. The sanl.e shall apply in respect of a 
situation where an application under the European Patent Convention shall be 
deemed to have been withdrawn and where processing of the application has 
not been r~sumed,pursuant to Article 121 of the Convention. 
If a European patent application has been rejected, this shall have the same IP/NIl/FINIP 11 
Page 26 
effect as rejection of a national patent application. 
70 p. If the translation referred to in Section 70h or 70n does not coincide with 
the 'Yvording of the documents in the language of the proceedings before the 
European Patent Office, the patent protection shall only extend to that which is 
evident from both texts. 
In the revocation proceedings referred to in Section 52, the text in the language 
of the proceedings shall be the sole authentic text. 
70 q. If the applicant or the proprietor of a patent files with the Patent Authority 
a correction of the translation referred to in Section 70h and pays the prescribed 
fee for printing the corrected translation, the corrected translation shall apply in 
place of the original translation. Once the correction has been filed and the fee 
paid, and if the original translation is available to anyone, the Patent Authority 
shall without delay announce said correction in Finnish and S\vedish and, as 
soon as possible, make copies of the corrected translation obtainable from the 
Patent Authority. 
If the applicant files a correction of the translation referred to in Section 70n, the 
Patent Authority shall without delay make an announcement of the correction 
in Finnish and Swedish and keep the corrected translation available to anyone. 
After the announcement the corrected translation shall apply in place of the 
original translation. 
If anyone, before the corrected translation became valid, has, in good faith, 
begun to use the invent~on commercially in this country in a manner which 
according to the earlier translation did not constitute infringement of the right 
of the applicant or of the proprietor of the patent, or has made substantial 
preparations therefor, he shall enjoy the right specified in the second and third 
paragraphs of Section 71c. 
70 r. If the applicant or the proprietor of a patent has failed to observe the time 
limit prescribed in the European Pat~nt Convention, but the European Patent 
Office, nevertheless, under Article 122 declares that no loss of right has ensued, 
this shall have the same effect also in Finland. 
If anyone, after the loss of right has ensued but prior to the announcement by 
the European Patent Office of the declaration referred to in the first paragraph, 
began, in good faith, to use the invention commercially in this country or made 
substantial preparations therefor, he shall enjoy the right specified in the second 
and third paragraphs of Section 71c. 
70 s. If a European patent application which has been filed with a national 
patent authority shall be deemed to be withdrawn because the European Patent 
Office did not receive it within the prescribed time limit from the national 
patent authority that received the application, at the request of the applicant, the IP/N/lIFINlPll 
Page 27 
Patent Authority shall take up the application as converted to a national 
applica tion, provided: 
(1) that the request is filed with the authority which received the patent 
application \vithin three months from when the applicant \vas notified by the 
European Patent Office that the application was deemed \vithdra\vn; 
(2) that the request is received by the Finnish Patent Authority \vithin 20 
months from the date of filing of the application or, if priority is claimed, the 
day from which priority is claimed; and 
(3) the applicant pays, within the prescribed time limit, the prescribed 
application fee and files a translation pursuant to the fifth paragraph of Section 
8 of the patent application. 
If an application for a European patent shall be deemed to be withdrawn because 
the European Patent Office did not receive the translation in the language of the 
proceedings within the prescribed time limit, at the request of the applicant, the 
Patent Authority shall take up the application as converted to an application for 
a national patent, in compliance with the provisions of Articles 135 and 136 of 
the European Patent Convention. The applicant shall also pay the prescribed 
application fee and file the translation of the patent application according to the 
fifth paragraph of Section 8 within the prescribed time limit. 
If the patent application referred to in the first and second paragraphs fulfills the 
requirements regarding the form of the application laid down in the European 
Patent Convention and its Implementing Regulations, it shall be accepted in 
this respect. 
Chapter 10 
Special Provisions 
71. The owner of a patent who is not domiciled in Finland shall be required to 
appoint a representative domiciled in the country with authority to receive 
service of writs of indictment or summonses and other documents in 
proceedings and matters concerning the patent, with the exception of writs of 
indictment in penal cases and of summonses to appear personally before a 
court. The name of the representative appointed shall be communicated for 
recording in the Patent Register. 
If the patentee has not appointed a representative pursuant to the first 
paragraph of this Section, documents to be served may be sent to him by 
prepaid registered mail to his address as recorded in the Patent Register. If no 
address is recorded in the Register, summonses and notices may be served by 
announcement in the Official Gazette. Service shall be deemed to have been 
effected wl1en the ,procedure described herein has been completed. 
Subject to reciprocity, the Government may decree that the first and second IP/N/lIFIN/P 11 
Page 28 
paragrap~s of this Section shall not apply to the owner of a pa.tent domiciled in 
a specified foreign country, or to the ovvner of a patent having a representative 
domiciled in such country, provided the name of the representative is 
communicated for recording in the Patent Register of Finland and is 
authorized as prescribed in the first paragraph of this Section. 
71 a. If a patent applicant or the ov/ner of a patent, in a case other than the one 
referred to in the second paragraph, has suffered loss of rights because he has 
not taken action before the Patent Authority within the time limit laid down 
in this Act or its Regulations, but has done everything that can be reasonably 
required of him to observe the time limit, and if he takes such action within 
two months of the time at \vhich the cause of his non-compliance ceases-and 
in any event not later than one year after expiration of the time limit-the 
Patent Authority shall declare that the act shall be deemed to have been done 
within the prescribed time limit. If the applicant or the owner of a patent 
wishes to obtain such declaration, he shall advise the Patent Authority in 
writing thereof within the time limits laid down for taking the action and pay 
the prescribed fee. 
The first paragraph shall similarly apply to an applicant or to the owner of a 
patent who has not paid the annual fee within the time limit laid down in the 
third paragraph of Section 41 or the third paragraph of Section 42. In such case, 
however, the annual fee shall be paid and the request submitted vvithin six 
months of expiry of that time limit. 
The first paragraph shall not apply to the time limi t laid down in the first 
paragraph of Section 6. 
The first paragraph of this Section shall also apply to international applications 
which have been pursued in Finland as regards the time limit to be observed 
with respect to the receiving Office, the International Searching Authority, the 
International Preliminary Examining Authority and the International Bureau 
of WIPO. Failure to observe that time limit must then be remedied at the 
Patent Authority. However, this provision shall not concern the time limit 
within which the application has to be filed in order to enjoy the priority of an 
earlier application. 
71 b. Where, in those cases referred to in Sections 31 or 38, a document or a fee 
sent by mail has not been received by the Patent Authority within the 
prescribed time limit, but vvhere the applicant performs the required acti 
within two months of the time at which he realized or should have realized 
that the time limit has been exceeded, but in no event later than one year after 
expiration of the time limit, the Patent Authority shall declare that the act is to 
be deemed to have been done within the prescribed time limit: 
(1) if the ppstal se~vice was interrupted at any time during the 10 days 
preceding the tiihe limit on account of war, revolution, civil disorder, strike, 
natural disaster or other like reason in the locality in which the sender was IP IN I lIFINIP 11 
Page 29 
staying or carrying on business, and the document or fee \vas mailed to the 
Patent Authority within five days of the resumption of the postal service, or 
(2) if the document or fee was mailed to the Patent Authority by registered 
mail not later than five days before the expiration of the time limit, but only if 
it was sent by airmail, where possible, or by other means if the sender could 
reasonably assume that the dispatch should reach the Patent Authority within 
two days of mailing. 
Where the applicant requests a declaration under the first paragraph of this 
Section, he shall advise the Patent Authority in writing to that effect within 
the time limit laid do\vn for taking the action in that paragraph. 
71 c. If a request under Section 71a or 7Ib is granted and if, as a result, the 
examination of a patent application that has been dismissed or rejected after 
becoming available to the public under Section 22 is resumed or a lapsed 
patent is reinstated, a relevant announcement shall be made. 
Any person who in good faith has started commercial exploitation of an 
invention in this country after expiration of the time limit for reinstating a 
dismissed application or after a rejection has become final or a patent has 
lapsed, but before such announcement is made, may nevertheless continue to 
exploit the invention provided he maintains the general nature of the 
exploitation. The right to exploit an invention shall be granted, on the same 
conditions, to anyone who has made substantial preparations for such 
exploitation in this country. 
The right under the second paragraph of this Section may only be transferred 
to another person together with the business in which it originated or in 
which exploitation of the invention was intended. 
72. Appeals from final decisions by the Patent Authority under this Act, other 
than those referred to in Section 24, and appeals from decisions pursuant to 
Sections 42, 71a and 7lb, shall be lodged with the Board of Appeals of the 
National Board of Patents and Registration of Finland. Separate provisions 
shall apply to the appeal procedure and the proceedings in the Board of 
Appeals. 
73. The amounts of the fees to be paid under this Act shall be laid down in 
separate provisions. In that connection it may be decreed that one or more of 
the initial fee years shall be exempt from annual fees. 
74. More specific regulations concerning patent applications, announcements 
in respect of patents, printing of the application documents, the Patent Register 
and the Patent Authority shall be decreed by the Government. 
The Gove;nment may decree that the Patent Authority be entitled to divulge, 
at the request of the authorities of another country, details of the processing of IP/N/lIFIN/P/l 
Page 30 
patent applications in this country and that the authorities of another country 
or an international institution may, at the request of the Patent Authority, 
undertake the examination of patent applications. 
The Government may also decree that an applicant seeking a patent in respect 
of an invention for vvhich an application has been filed in another country or 
vvith an international organization shall disclose information given to him by 
the authorities of such other country or by the international organization 
regarding the examination of his invention as to patentability. No such 
disclosure shall be required, hovvever, for an application under Chapter 3 if it 
has been the subject of an international preliminary examination and the 
report on the patentability of the invention has been received by the Patent 
Authority. 
75. If the country is at vlar or in danger of war, the Government may decree, 
where required by the public interest, that the right to a given invention shall 
be surrendered to the State or to another party designated by the Government. 
Reasonable compensation shall be paid for the right to the invention thus 
surrendered. If no agreement is reached on compensation with the party 
entitled to compensation, the court shall determine the compensation. 
Where a party other than the State has availed itself of the right to an 
invention pursuant to the first paragraph and if such party does not fulfill its 
obligations vvith regard to compensation, the State shall pay the compensation 
without delay on request by the party entitled to compensation. 
76. Special regulations shall apply to inventions of importance for the defense 
of the country. -