ACT ON THE RIGHT IN INVENTIONS MADE AT HIGHER EDUCATION 
INSTITUTIONS , 19.5.2006/369  
 
 
Section 1 - Scope of the Act  
 
This Act applies to inventions patentable in Finland and made by persons employed by Finnish 
higher education institutions (HEI) during employment.  
 
This Act also applies to inventions patentable in Finland and made at Finnish higher education 
institution s by persons holding a research post funded by the Academy of Finland.  
 
If under this Act the HEI claims a right in the invention which will restrict the inventor's right to 
apply for a patent for the invention, the invention will be deemed to be an inven tion patentable in 
Finland, unless the HEI presents probable reasons for obstacles to the grant of a patent.  
 
Section 2 - Purpose of the Act  
 
The purpose of this Act is to promote the recognition, protection and exploitation of inventions 
made at Finnish  HEIs, as appropriate from the inventor's, the HEIs' and society's perspective.  
 
Section 3 - Definitions  
 
For the purposes of this Act, the term:  
1)institution of higher education  refers to universities as referred to in the Universities Act 
(558/2009),  the National Defence College referred to in the Act on the National Defence 
College (1121/2008) and polytechnics as referred to in t he Polytechnics Act (351/2003), as 
well as separate departments under the HEIs or shared by several HEIs ; (103/2013)  
2) open research refers to  
a) research performed in employment for the fulfilment of the research duties of the HEIs, 
without outside funding and without external contractual partners participating in the research;  
b) research performed with the funding of an external party but which does not imply any 
provisions other than those related to the publication of the results; or  
c) research which would otherwise meet the criteria of collaborative research, had the HEI and 
the research co -operation partner not expr essly agreed before the start of the research that it is 
open research;  
3) collaborative research refers to  
a) research constituting chargeable services under the Act on Criteria for Charges Payable to the 
State (150/1992); or  
b) research other than that referred to in paragraph 2 above or subparagraph a) of the present 
paragraph, involving at least one party external to the HEI, either as the party performing part of 
the research, a  financier or other participant, and includin g liabilities related to results or the mode of 
implementation of the research;  
4) invention made under other circumstances refers to an invention under the scope of this Act, 
made during operations other than the research referred to in paragraphs 2 or 3.  
 
Section 4 - Right in an invention  
 
The person making an invention covered by the scope of this Act has the same right in  the 
invention as any other inventor, unless otherwise provided in this Act or any other Act. The 
person making an invention covered by the scope of this Act has the right to be recognised as the 
inventor.  
 
Section 5 - Invention disclosure notification  
 
The inventor must inform the HEI without delay after having made an invention covered by the 
scope of this Act. The invention disclosure notification must be made in writing, and the inventor 
must specify his/her view on whether the invention was made in o pen or collaborative research or 
under other circumstances. If there are several inventors of an invention, they must file a joint 
invention disclosure notification.  
  
The invention disclosure notification must contain sufficient information about the inv ention to 
enable the HEI to evaluate the invention, as well as information about each of the inventors. 
Moreover, the inventor must at request provide the HEI with other necessary information about 
the invention.  
 
The HEI must provide the inventor with wr itten notice of the admissible measures under this Act 
without undue delay and no later than within two months from the date in which the HEI has 
received the invention disclosure notification with the sufficient information. The invention 
disclosure notif ication must also specify whether the HEI agrees with the inventor’s view on 
whether the invention was made in an open or collaborative research situation or under other 
circumstances. If the invention disclosure notification made by the inventor does not meet the 
requirements under subsections 1 and 2, the HEI must notify the inventor in writing of the 
deficiency without delay.  
 
Section 6 - The HEI’s right in the invention in open research  
 
The HEI can acquire the rights in the invention made in open res earch if the inventor has not 
published the invention or notified his/her willingness to exploit the invention within six months 
of the invention disclosure notification under section 5(1). The notification regarding the 
acquisition of the rights must be m ade in writing, and before the notification is issued, the HEI 
must enquire of the inventor whether he/she intends to exploit the invention.  
 
If the HEI fails to make the notification under section 5(3) within the given time limit, the HEI is 
deemed to ha ve waived its secondary right in the invention as referred to in this section.  
 
Section 7 - The HEI’s right in the invention in collaborative research  
 
The HEI will have the right to acquire the right in the inventions made in collaborative research 
within six months from the notification under section 5(1). The notification related to the 
acquisition of the rights must be made in writing.  If the HEI fails to make the notification under section 5(3) within the given time limit, the HEI is 
deemed to have waived its rights in the invention as referred to in this section.  
 
When the HEI has acquired the rights in the invention under this section, the inventor must, upon 
the demand of the HEI, sign the deed of transfer regarding the invention as well as other  
necessary documents without delay.  
 
Section 8 - The right of the HEI in the invention under other circumstances  
 
The HEI takes priority in negotiating with the inventor on the rights in the invention if the 
invention under the scope of this Act has been made in a manner referred to in section 3(4).  
 
If the invention referred to in subsection 1 is necessary for the o peration of the HEI, the HEI has 
the right, in addition to the priority referred to in subsection 1, to obtain the right to use the 
invention against reasonable compensation.  
 
Section 9 - Compensation  
 
When the HEI has acquired the rights in the inventio n under this Act in a manner referred to in 
sections 6 —8, the inventor will have the right to obtain reasonable compensation for the 
invention. A contractual clause through which the inventor waives his/her right to reasonable 
compensation and stipulated p rior to the conception of the invention, will be void.  
 
When determining the amount of the compensation, the circumstances contributing to the 
conception of the invention, as well as the returns on the invention to the HEI, must be taken into 
account.  
 
The HEI must provide the inventor with the necessary information for the determination of the 
compensation.  
 
Section 10 - Adjustment and limitation of compensation  
 
Notwithstanding any provisions in an agreement, decision or judgement on the compensation 
under section 9, a court of law can issue a different ruling on the compensation if this is justified 
by materially changed circumstances. However, the inventor cannot be obliged to refund 
compensation already paid.  
 
The provisions of the Contracts Act (2 28/1929) apply regarding the adjustment of an 
unreasonable condition in a contract concerning the right in an invention under this Act.  
 
If a claim for compensation has not been instituted within ten years from the HEI’s notification of 
claiming the right  in the invention, the right to bring action has been lost. If a patent for the 
invention has been applied for, the action can, however, always be instituted within one year from 
the grant of the patent.  
 
Section 11 - Publication of research outcome  Unle ss otherwise agreed, the inventor must not publish the research outcome in a manner that 
would jeopardise the protection or other exploitation of the invention, if the HEI is entitled to 
acquire the rights in the invention under section 7. Before the expir ation of the time limit under 
section 7(1), the inventor must not file a patent application for an invention made in collaborative 
research or otherwise dispose of an invention, unless the HEI informs the inventor in writing that 
the HEI will not acquire r ights in the invention or will give the inventor permission to patent his/ 
her invention.  
 
The HEI must not disclose the information given to it about the invention until the invention has 
been protected in a sufficient manner and there are no other parti cular reasons for confidentiality.  
 
Notwithstanding the provisions of subsection 2 above, the HEI can disclose information about the 
invention to the parties of the research co -operation if the research contracts provide for the 
exploitation, transfer or notification of the results, or to ot her parties if such disclosure is 
necessary for the exploitation of the invention. In that case the HEI must ensure that the 
dissemination of the information does not jeopardise the protection, exploitation or the primary 
scientific publication right of th e inventor.  
 
Section 12 - Discharging the burden of proof  
 
The HEI must prove it has the right, as referred to in sections 6 —8, to acquire the rights in the 
invention.  
 
Notwithstanding the provisions of subsection 1 above, the inventor must clarify the circumstances 
under which the invention was made, if it was made in close connection with a collaborative 
research project. If the invention was made at the earliest after six months from the end of a 
collaborative research project, the invention must be deemed to have been made in open research, 
unless the HEI presents very cogent reasons according which the invention is materially based on 
a collaborative research project.   
 
If a patent is applied for such invention which, had the employment continued, would have been 
covered by the scope of this Act, or other measures are taken for its exploitation within six 
months from the termination of an employment relationship, the i nvention is deemed to have 
been made during the period of employment unless the inventor shows probable reasons 
demonstrating that the invention was made during a period after the employment.  
 
Section 13 - Solving of disputes  
 
The Employee Invention Comm ittee referred to in sections 11, 11a and 11b of the Act on the 
Right in Employee Inventions is competent to give opinions on matters related to the scope of 
this Act.  
Disputes within the scope  of application  of this Act  shall be considered by the Market Court . 
Where applicable, the provisions concerning litigatio n in patent matters shall  be applied.  
(103/2013)  
Section 14 - Issue of further provisions  Further provisions, common to the HEIs, on filing of the invention disclosure notification, the 
procedure s to be followed for the transfer of rights, and payment of compensation may be issued 
by Government Decree.  
 
The HEIs may issue more detailed orders on the application of this Act following the order laid 
down in the Acts regulating the HEIs.  
 
Section 1 5 - Transition period and entry into force  
 
This Act will enter into force on January 1 2007. Measures necessary for the implementation of 
this Act may be undertaken before the entry into force of the Act.  
 
Regarding the inventions made before the entry into force of this Act, the provisions under 
legislation in force at the moment of the invention will prevail.  
 
This Act will not apply to research contracts already concluded or research projects initiated 
before the entry into force of the Act. This Act  also will not apply to inventions subject to 
contractual obligations arising prior to the entry into force of the Act.