ACT ON THE RIGHT IN EMPLOYEE INVENTIONS , 29.12.1967/656   
 
 
Section 1  
 
The provisions of this Act apply to inventions patentable in Finland and made by a person 
employed by another, that is, by an employee. This Act shall apply correspondingly to 
persons employed in the public service.  
 
If the employer claims a right in an e mployee’s invention which restricts the employee’s 
right to apply for or obtain a patent for the invention, such an invention shall in that respect 
be held to be patentable in Finland, unless the employer gives probable reasons for obstacles 
to the grant o f a patent. (526/1988)  
The provisions of the Act on the Right in Inventions Made at Higher Education Institutions 
(369/2006) shall apply to inventions made by persons employed by Finnish higher education 
institutions (HEI)  in this capacity  and to inventio ns made at Finnish higher education 
institutions by persons holding a research post f unded by the Academy of Finland in this 
capacity. (369/2006)  
This Act is not applicable to a person who is in military service under the Conscription Act. 
(526/1988)  
 
For the purposes of this Act, a consolidated corporation means a consolidated corporation, a 
municipality and a joint municipal board under section 6 of Chapter 1 of the Accounting Act 
(1336/1997) as well as enterprises subject to its authority in the manner referred to in section 
5 and section 6(2) of Chapter 1 of the Accounting Act. (1078/2000)  
 
Section 2 (526/1988)  
 
The provisions of this Act shall be applied insofar as nothing else has been agreed upon or 
can be considered to appear from the employment c ontract or from other circumstances. 
However, contractual terms incompatible with section 3, section 6(2), section 7(1) and (3), 
section 7a, section 8(2) or section 9 are void.  
 
Section 3  
 
An employee shall have the same right in his inventions as other inventors, unless otherwise 
provided in this Act or any other Act.  
 
Section 4 (1078/2000)  
 
If an invention has ensued from an employee’s activity in the performance of his duties or 
essentially as a result of using his experiences gained in the enterprise  or institution of his 
employer or in an enterprise or an institution belonging to the same consolidated 
corporation, the employer may acquire the right in the invention, in whole or in part, if the 
use of the invention falls within the field of activity o f the employer’s enterprise or of an 
enterprise belonging to the same consolidated corporation. If the invention is the result of a 
task assigned to him more specifically, the employer may acquire the right even if the use of the invention is not within th e field of activity of the employer’s enterprise or of an 
enterprise belonging to the same consolidated corporation. 2  
If an invention the use of which falls within the field of activity of the employer’s enterprise 
or of an enterprise belonging to the sa me consolidated corporation but which has been 
conceived in connection with the employment other than those referred to in the first 
subsection, the employer is entitled to acquire the right to use the invention.  
 
Should the employer wish to acquire a more comprehensive right in an invention referred to 
in the second subsection than that provided for therein or should he wish to acquire the right 
in an invention which has been conceived without any connection to the  employment but the 
use of which falls within the field of activity of the employer’s enterprise or of an enterprise 
belonging to the same consolidated corporation, the employer shall have priority to acquire 
such a right by agreement with the employee.  
 
Section 5 (526/1988)  
 
An employee who makes an invention referred to in section 4 shall notify the employer of it 
in writing without delay and at the same time shall communicate such particulars of the 
invention as to enable the employer to understand it.  At the employer’s request the employee 
shall also inform the employer of what he considers to be the connection between the 
employment and the conception of the invention.  
 
If the employee, before being bound to the obligation referred to in subsection 1  above, has 
become aware of the field of activity of an enterprise belonging to the same consolidated 
corporation with the employer, which essentially differs from the employer’s field of 
activity, the employee’s notification obligation shall also apply to  inventions made in the 
field of activity of the afore -mentioned enterprise. (1078/2000)  
 
Section 6  
 
An employer who wishes to acquire the right in an invention in accordance with section 4(1) 
or (2) shall, no later than within four months from his recei pt of the notification provided for 
in section 5, notify the employee in writing that he will claim a specified right in the 
invention. The employer shall also exercise the priority given to him under section 4(3) 
within the same period of time.  
During the four months following the receipt of the notification under section 5, the 
employee may not dispose of an invention referred to in section 4 without his employer’s 
permission in writing or make any disclosure which would render the invention pub lic or 
would enable it to be used for the benefit of another person. After the notification has been 
made in accordance with section 5, the employee may, however, apply for a patent for the 
invention in Finland. In this case he may not file the application  with the patent authority 
before one month has elapsed from the day he notified the employer in writing of his 
intention to apply for a patent for the invention. (1078/2000)  
 
Section 7  
 
Where an employer acquires the right in an invention made by an emp loyee by virtue of 
section 4 or on other grounds, the employee is entitled to reasonable compensation from the 
employer even if it was agreed otherwise before the invention was made.   
When determining the amount of the compensation, particular attention s hall be paid to the 
value of the invention, the scope of the right which the employer acquires, as well as to the 
terms and conditions of the employment contract of the employee and the contribution 
which other circumstances connected with the employment h ad to the conception of the 
invention.  
 
Where an action for compensation has not been instituted within ten years from the 
employer’s notification of claiming the right in the invention, the right of action shall lapse. 
If a patent for the invention has b een applied for, the action may, however, always be 
instituted within one year from the grant of the patent. (526/1988)  
  
Section 7a (526/1988)  
 
The employer shall be obligated to provide the employee with information necessary for the 
determination of t he compensation for the invention, specifically the information on the 
filing and grant of the patents for the invention, as well as on the production quantities and 
selling prices of the products conforming to the invention, or of the products manufacture d 
by a process conforming to the invention.  
 
The employee shall be obligated to provide the employer with the necessary information on 
the invention and its utilisation.  
 
Section 8  
 
Where an application for a patent is filed during the six months following the termination of 
the employment for an invention to which section 4 should be applied if it had been 
conceived during the course of employment, the invention shall be deemed to ha ve been 
made during the period of employment unless the inventor can give probable reasons why 
the invention had been made after the employment had terminated.  
 
Any agreement between an employer and an employee that limits the employee’s right to 
dispose of an invention made more than one year after the termination of the employment 
shall be void.  
 
Section 9  
 
Notwithstanding any provision in a court judgment or contract concerning compensation 
under section 7, the court may order otherwise if this is req uired by a substantial change in 
circumstances. An employee shall not, however, be obligated to refund a compensation 
already paid.  
 
The provisions of the Act on legal acts under the law of property (228/1929) shall apply to 
the adjustment of an unreasona ble condition in a contract concerning the right in an 
employee invention. (961/1982)  
 
Section 10 (526/1988)  
 Anyone who by virtue of this Act learns about an invention, a trade or professional secret or 
the financial status of another person shall not w ithout authorisation disclose to any outside 
third party this information.  
 
 
Section 11 (526/1988)  
 
An Employee Invention Committee shall be instituted to give opinions on matters concerning 
the application of this Act  or the Act on the Right in Inventio ns Made at Higher Education 
Institutions ; the Commi ttee shall consist of a chairperson  and eight members.  (370/2006)  
The chairman and two members shall be appointed by the Government for a fixed term, 
from among persons who are considered not to represent either employer or employee 
interests. The chairman and one of the two members referred to, who shall at the same time 
act as vice -chairman, shall have the qualifications of a judge and be familiar with the work 
of a judge. The other member shall have a de gree in engineering and be familiar with patent 
issues.  
The other members, who shall possess practical working experience and be familiar with 
invention activities and  of whom  three  shall  represent  the employers  and three  the employees,  
shall  be appointed  by the Government for a term of three years at a time at the proposal of the 
respective organisations.  (370/2006)  
Each member of the Committee shall have an alternate member, appointed by the 
Government, with the qualifications required of a member.  
 
Section 11a (526/1988)  
 
An opinion from the Inventions Committee may be sought by employers and employees as 
well as by a court of law when a dispute over an invention has been brought before it. The 
National Board of Patents and Registration of Finland shal l also have the same right if it is 
handling an application for a patent for the invention. The party concerned shall notify the 
Committee whether he intends to observe the opinion. The notification shall be submitted 
within two months from the end of the month when the party concerned received a copy of 
the opinion. (1078/2000)  
 
The Committee may also function as an arbitration tribunal if the employer and employee 
have so agreed. In this case the provisions of the Arbitration Act shall apply, unless 
otherwise provided in this Act.  
 
The costs ensued from the Committee’s activities shall be paid from public funds. Where the 
Committee functions as an arbitration tribunal, the Ministr y of Trade and Industry shall 
determine the honorarium of the chairman, the members and the secretary.    
 
The Committee shall be entitled to obtain the information necessary for giving the opinion 
from the employer, an enterprise belonging to the same con solidated corporation and from 
the employee. The Committee shall issue its opinion and arbitration award, unless it is in whole or in part against the secrecy obligations provided for in the Act on the Openness of 
Government Activities  
(621/1999). Where a  patent application concerning the employee invention is pending, the 
opinion may not be published before the documents have become available to the public 
under section 22 of the Patents Act (1078/2000)  
 
Further provisions on the Committee may be given b y Government decree.  
 
Section 11b  (370/2006)  
The Employee Invention Committee mentioned in section 11 above may  have a  sub-
committee for matters concerning  inventions made in HEIs. Where applicable, the provisions 
laid down in sections 11 and 11a above co ncerning the duties and operation of the Committee 
also apply to the sub -committee which deals with inventions made at HEIs.  
The sub -committee shall be chaired by the chairper son of the Employee Invention 
Committee. The two independent members of the Employee Invention Committee shall serve 
as the independent members. The other members, who shall possess practical working 
experience and be familiar with invention activities and  of whom  three  shall  represent  the 
employ ers and three  the employees,  shall  be appointed  by the Government for a term of three 
years at a time at the proposal of the respective organisations.  Each member of the sub -
committee shall have a deputy who is appointed by the Government and who shall sat isfy the 
requirements laid down for members.  
The matters taken up for consideration  by the sub-committee shall be decided by the 
chairperson of the Employee Invention Committee together with the independent members.  
Section 12 (102/2013)  
Disputes concerni ng rights which under this Act belong to the employer or the employee 
shall be considered by the Market Court. Where applicable, the provisions concerning 
litigation in patent matters shall be applied.  
A matter shall be considered by the Market Court if th e dispute concerns the right in an  
invention referred to in this Act for which a European patent as referred to in the European 
Patent Conve ntion (Treaty Series 8/1996) has  been applied and if the employee at the time of 
making the invention was primarily working in Finland. If no State can be established where 
the employee was primarily working, the matter shall be considered by the Market Court, if 
the employer at the time of the making of the invention had such an establishment in Finland 
which employed the employee who made the invention. A matter can also be considered by 
the Market Court when the parties to the dispute have made an oral or written agreement that 
the Market Court has jurisdiction in the matter and where such an agreement is permissible 
under the legislation of the State whose legislation applies to the contract of employment.  
 
Section 13  
 
Further provisions on the application of this Act may be given by Government decree.   
Section 14  
 
This Act enters into force on 1 January 1968.  
 
This Act does not apply to inventions made before 1 January 1968.