ACT ON UTILITY MODEL RIGHTS, 10.5.1991/800  
 
Chapter 1  
General provisions  
Section 1  Anyone who has made an invention, or his successor in title, shall be entitled, on 
application, to a utility model right to his invention, and thereby to the exclusive right to 
exploit the invention commercially, in accordance with the provisions of this Act. 
For the purposes of this Act, "invention" shall mean a technical solution that is commercially 
exploitable.  
The following, as such, shall not be regarded as inventions:  
(1) discoveries, scientific theories and mathematical methods;  
(2) aesthetic creat ions:  
(3) schemes, rules and methods for performing mental acts, playing games or doing business, 
and programs for computers; and  
(4) presentations of information.  
 
Utility model rights shall not be granted for:  
(1) inventions the exploitation of which wou ld be contrary to morality or public policy;  
(2) plant or animal varieties; or  
(3) processes.  
Section 2  An invention must be new in relation to what was known before the filing date of 
the utility model right application and must differ essentially therefr om.  
The prior art shall be held to comprise everything made available to the public by means of a 
written or oral description, by use or in any other way. Additionally, the content of utility 
model right, patent and design applications as filed in this co untry prior to the above -
mentioned filing date, shall be regarded as included in the prior art if such applications are 
made available to the public under section 18 of this Act, section 22 of the Patents Act 
(550/1967) or section 19 of the Registered Desi gns Act (221/1971). However, in such cases, 
the requirement set out in subsection 1, that the invention must differ distinctly from the prior 
art known before the filing date of the application for a utility model right, shall not apply.  
Applications refer ed to in Chapter 8 a shall, for the purposes of the second paragraph, have 
the same legal effect as applications for utility model right filed in this country, pursuant to 
provisions laid down in sections 45b and 45f.  
A utility model may be nevertheless be  registered 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 (Finnish Treaty Series 36/37).  For the purposes o f subsection 2, publication according to Article 93 of the Convention of the 
Grant of European Patents (European Patent Convention) of 5 October 1973 (Finnish Treaty 
Series 8/1996), hereinafter European Patent Convention, shall be equated with the making 
available to the public of application documents, in accordance with section 22 of the Patents 
Act. What is said above also applies to publication according to Article 153(3) of the 
European Patent Convention, where the European Patent Office equates such p ublication 
with publication according to Article 93.  
Section 3  The exclusive right conferred by registration of a utility model shall imply, subject 
to the exceptions stated below, that no one may exploit an invention without the consent of 
the proprietor of the utility model right by making, offering, putting on the market or using a 
product protected by the utility model right, or by importing or possessing such product for 
these purposes.  
The exclusive right shall also confer on its proprietor the exclus ive 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 on the basis of the 
circumstances should have known , 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 per son attempts to induce the receiver to commit any act infringing 
the exclusive right 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), or (3), shall not be regarded as entitled to exploit the invention.  
The exclusive right shall not apply to:  
1) use which is not commercial;  
2) use of a product protected by registration of a utility model right that has been put on the 
market within  the European Economic Area by or with the consent of the proprietor of the 
utility model right; or  
3) use in experiments relating to the invention as such.  
Section 4  The provisions of sections 4 and 5 of the Patents Act regarding commercial use or 
exploit ation of an invention on foreign vessels, aircraft or other means of transport for their 
needs shall apply mutatis mutandis on an invention for the purposes of this Act.  
Section 5  An application for registration of a utility model right relating to an inve ntion 
disclosed no earlier than 12 months before the date of filing an application for a patent or for 
the registration of a utility model filed in Finland, or disclosed 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 Industrial Property (Finnish Treaty Series 5/1921) or the 
Agreement Establishing the World Trade Organization (Finnish Treaty Series 5/1995), shall 
be deemed, for the purposes of section 2(1) and( 2), and 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 -
mentio ned conventions if the corresponding priority deriving from a Finnish application is 
granted in such country and if the laws of said country substantially conform to those 
conventions.  A Government Decree shall lay down the manner in which claims referred to in subsection 1 
shall be filed as well as the documents to be submitted in support of claims.  
Chapter 2  
Applications for Utility Model Rights and Their Processing  
Section 6  Applications for utility model rights, hereinafter referred to as "utility model 
applications", are filed in writing with the Finnish Patent and Registration Office, acting as 
the Registering Authority. In the cases referred to in Chapter 8 a, application s may also be 
filed with the patent authority of another country or with an international organization. The 
Registering Authority keeps a record of filed utility model applications.  
The application shall contain a description of the invention, accompanied by drawings where 
necessary, and a precise statement of the subject matter for which utility model right 
protection is sought (a claim). More specific provisions regarding drawings accompanying 
the application shall be laid down by Government Decree. The d escription shall be 
sufficiently clear to enable a person skilled in the art to carry out the invention with the 
guidance thereof. Where the invention relates to a biological material or involves the use of 
biological material when being carried out, secti on 8a and section 22(6) and (8) of the Patents 
Act shall apply mutatis mutandis.  
The inventor’s name shall be stated in the application. If a utility model right is applied for by 
a person other than the inventor, the applicant shall be required to prove h is title to the 
invention.  
Section 6a  For each application, in the record referred to in section 6(1) above is entered:  
1) the date of filing the application and application number;  
2) the classes of the international patent classification in which the app lication has been 
classified;  
3) the name, domicile and address of the applicant;  
4) if the applicant is represented by an agent, the name, domicile and address of the agent;  
5) the name and address of the inventor;  
(6) the title of the invention;  
7) if th e application has been converted from an earlier patent application, the date on which 
the patent application was filed or is deemed to have been filed;  
8) if the priority of an earlier application is claimed, the country where the earlier application 
given as the basis for the priority was filed, the filing date of that application and its serial 
number;  
9) a statement as to whether the application is a Finnish application, an international 
application, or an application for a European patent which has bee n converted into a national 
utility model application under section 8 or 8a;  
10) if the application is an international application, the international filing date and the date 
on which the application was pursued under section 45 d of this Act or was filed  under 
section 38 of the Patents Act;  
11) if the application has been converted from a European patent application into a national 
application under section 8 or 8a, the filing date in accordance with the European Patent 
Convention and the date on which th e application was filed with the Registering Authority 
for conversion;  12) if the application results from division, the serial number in the record of applications and 
filing date of the original application;  
13) if a new application results from the divi sion of an application, the serial number in the 
record of applications of the new application;  
14) if the application has been made available to the public under section 18, the date on 
which it became available;  
15) if the application is an international  application, the international application number;  
16) if the application has been converted from a European patent application into a national 
application under section 8 or 8 a, the application number of the European patent application ;  
17) a statement  as to whether an examination referred to in section 12 has been requested;  
18) the documents filed and fees paid in respect of the application; and  
19) decisions taken in respect of the application.  
An entry referred to in subsection (1), paragraphs 2, 5,  6, 15, 16 and 18 above is to be kept 
secret until the utility model application which the entry refers to has become available to the 
public under section 18.  
Section 7  The description and claim shall be written in Finnish or Swedish in compliance 
with th e language laws in force. If the claim is written in one only of the two national 
languages, the Registering Authority shall have the claim translated into the other national 
language before the utility model is registered. The applicant shall pay the pres cribed 
translation fee. Where the applicant is a foreigner, the description shall be written in Finnish 
and the claim in Finnish and Swedish. However, all applicants shall be entitled to write the 
description of the invention and the claim in both Finnish and Swedish.  
The applicant shall pay the prescribed registration fee.  
Section 7a  The Registration Authority must accord a filing date for a utility model 
application, if:  
1) the application contains an indication that its elements are intended to be a util ity model 
application;  
2) the application contains indications allowing the identity of the applicant to be established 
or allowing the applicant to be contacted by the Authority; and  
3) the documents submitted on filing the application contain anything th at can be regarded as 
a description or a drawing, or the application contains a reference to an earlier filed patent or 
utility model application and the applicant has submitted information on the filing date of the 
patent or utility model application, the  serial number and the patent or registration authority 
with which the application was filed.  
If the applicant has not complied with the provisions of subsection 1 for being accorded a 
filing date for the application, the applicant is invited to correct th e deficiencies within a time 
limit laid down by the Registration Authority. If the applicant fails to correct the deficiencies 
within that time limit or if the Authority has failed to contact the applicant within two months 
of the receipt of the applicatio n, the application is deemed not to have been filed.  
If the applicant, to be accorded a filing date, has, within the time limit provided in subsection 
2, corrected all deficiencies contained in the application, the date on which all deficiencies 
have been corrected will be taken to be the filing date.  Section 7b  If an application which has been filed in compliance with the provisions of 
section 7a is defective and the Registration Authority finds that an element or elements of the 
description or the drawing s to which reference is made in the description or the claims are 
missing, the applicant is invited to supplement his or her application within the time limit laid 
down by the Registration Authority. If the missing elements are supplied within the set time  
limit, the filing date shall be the date on which all deficiencies have been corrected, unless 
otherwise provided in subsections 2 and 3.  
If the subsequently furnished elements referred to in subsection 1 are cancelled within one 
month from the date of fu rnishing, the original filing date will be taken to be the filing date.  
If the missing elements are furnished in compliance with the provisions of subsection 1 and 
priority is claimed from an earlier application and the missing elements in their entirety 
appear from that application, the date of the initial filing will be taken to be the filing date, if 
the applicant so requests and submits a copy of the application given as the basis of priority 
within the time limit laid down in subsection 1.  
Section 8  A utility model application may also result from conversion of a pending patent 
application or a pending European patent application relating to the same invention into an 
application for a utility model right, which shall be deemed to have been made on the filing 
date of the patent application or European patent application. However, conversion shall not 
be allowed after the expiry of ten years from the day the patent application or European 
patent application is deemed to have been filed. In other respects,  the provisions relating to 
applications for utility models shall also apply in the case of such utility model applications.  
A patent application shall remain pending even if it is converted into a utility model 
application unless the applicant specificall y withdraws the patent application.  
When converting a patent application complying with subsection 1 into a utility model 
application, the applicant must, simultaneously or within the time limit set by the Registration 
Authority, pay the renewal fees that have fallen due. If the renewal fees are not paid within 
said time limit, the application shall be dismissed.  
Section 8 a  If a European patent application under the European Patent Convention is to be 
deemed withdrawn because it has not in due time been re ceived by the European Patent 
Office from the national Registering Authority of the Contracting State of the European 
Patent Convention with which the application was filed, it shall, at the applicant’s request, be 
converted into a utility model applicatio n, provided that:  
1) the request is submitted to the national Registering Authority of the Contracting State of 
the European Patent Convention within three months of the date the European Patent Office 
notified the applicant that the application is deemed  withdrawn;  
2) the request is received by the Registering Authority within 20 months of the filing date of 
the application or, where priority is claimed, from the date of priority; and  
3) the applicant pays the prescribed application fee and submits the translation pursuant to 
section 7 of the utility model application within the prescribed time limit.  
If a European patent application is to be deemed withdrawn because no translation in its 
language of proceedings has been submitted to the European Patent Office within the 
prescribed time limit, it may, at the request of the applicant, be converted into a national utility model application in compliance with the provisions of Article 135 of the European 
Patent Convention. The applicant shall additionally pa y the Registration Authority the 
prescribed registration fee and submit a translation pursuant to section 7 of the utility model 
application within the prescribed time limit.  
If a utility model application within the meaning of paragraphs 1 and 2 satisfies  the 
requirements as to form of the European Patent Convention and its Implementing 
Regulations, it shall be accepted in these respects.  
Section 9  A utility model right may not be applied for in respect of two or more mutually 
independent inventions in the  same application.  
At the applicant’s request, a utility model application may be divided, in which case the new 
application shall be deemed to be filed at the same time as the original application.  
Section 10  An applicant for and a proprietor of a utility  model right not domiciled in Finland 
shall be required to appoint a representative domiciled in the European Economic Area to 
represent him in all matters concerning the application and the registered utility model.  
If it has not been possible to notify t he applicant, proprietor or invalidation requester, at the 
address he has furnished, of a decision taken in respect of a utility model application or 
registered utility model, notification can be effected by publishing an announcement in the 
Utility Model Gazette published by the Finnish Patent and Registration Office. Such 
notification is deemed to have been effected once the above -mentioned action has been taken.  
Section 11  A utility model application may not be amended in such a way that a utility model 
right is claimed for matter not disclosed in the original application.  
Section 12  The Registration Authority shall check that the application complies with section 
1(2-4) and sections 6 to 11.  
The Registering Authority shall classify the application.  
The a pplicant or, after the utility model has been entered into the Register or been made 
available to the public under section 18, anyone may submit a request in writing for an 
examination to assess whether an invention for which utility model registration has  been 
granted or a utility model application filed satisfies the requirements laid down in the first 
paragraph of section 2. The prescribed fee is payable for the examination.  
Section 13  If the applicant fails to satisfy the requirements for the applicatio n, or if the 
authority finds other obstacles to the registration of the utility model, the applicant shall be 
notified thereof by office action and be invited to file his comments or the necessary 
corrections within the specified period of time.  
If the applicant fails to file his comments or to take steps to remove, within the specified 
period of time, the obstacles, the application shall be dismissed. The office action issued 
pursuant to the first paragraph shall include a notice to that effect.  A dismi ssed application may be reinstated if, within two months of the expiration of the time 
limit laid down in the office action, the applicant so requests and files comments or takes 
steps to correct the application and, within the same period of time, pays th e prescribed 
reinstatement fee. An application may be reinstated only once.  
Section 14  If, after the applicant has filed his comments, there still remains an obstacle to the 
registration of the utility model which the applicant has had an opportunity to co mment on, 
the application shall be rejected, unless there is reason to issue a further office action to the 
applicant.  
Section 15  If a person other than the applicant claims title to the invention before the 
Registering Authority, and if the circumstances are held to be uncertain, the Registering 
Authority may invite such other person to institute legal proceedings before a court of law 
within a specified period of time, failing which the claim will not be taken into consideration.  
If proceedings for title to an invention in respect of which utility model protection has been 
applied for are pending before a court, the processing of the utility model application may be 
suspended until a final decision has been given in such proceedings.  
Section 16  If a person  proves to the Registering Authority that he has title to the invention 
and not the applicant, the Registering Authority shall, if such person so requests, transfer the 
application to him. At the same time, he shall pay a new application fee.  
The applicati on shall not be dismissed, rejected, granted or withdrawn until a final decision 
has been taken on the request.  
Section 17  If the application satisfies the requirements of section 1(2 -4) and of sections 6 to 
11, the utility model shall be recorded in the U tility Model Register. Public notice shall be 
given of the registration and a certificate of registration shall be issued to the applicant.  
When a utility model application has become public, the Registration Authority shall publish 
it in Finnish and Swedi sh through a claim publication. Such a publication will be issued in 
electronic format. The contents of claim publications are stipulated by Government decree.  
Section 18  The application file shall be available to the public as from the date of registratio n 
or no later than when 15 months have elapsed since the date the application was filed or is 
deemed to have been filed, or, where priority is claimed, from the priority date.  
At the request of the applicant, registration may be postponed for a period of n o more than 15 
months from the date the applications was filed or is deemed to have been filed, or, where 
priority has been claimed, from the priority date. If the application has been dismissed or 
rejected, the file shall become available to the public on ly if the applicant requests for 
reinstatement of the application or appeals against the decision by which the application was 
rejected. A prescribed fee is payable for the postponement of the registration.  
At the applicant’s request, the application file may be made available to the public earlier 
than provided for in the first paragraph.  Chapter 3  
Opportunity to require that the registration be declared invalid  
Section 19  A utility model registration shall be declared wholly or partially invalid in 
response to a request to that effect, provided that:  
1) the registration relates to an invention that does not satisfy the requirements of section 1(2 -
4) and section 2;  
2) the registration relates to an invention the description of which is not sufficiently cl ear to 
enable a person skilled in the art to carry out the invention;  
3) the utility model right concerns a matter which was not included in the original 
application;  
4) when converting a patent application into a utility model application, the requirement s of 
sections 8 or 8a have not been observed; or  
5) the claim was extended after the registration of the utility model right.  
A request that a registration be declared invalid shall not be considered if proceedings are 
pending concerning the transfer of th e registration.  
Section 20  The Registration Authority shall notify the proprietor of the utility model right of 
any invalidation request made under section 19 and give him an opportunity to file comments 
on the request within a specified period of time. If  the proprietor requests limitation of the 
protection established through the registration, he shall submit a reworded claim to the 
Registration Authority within the same specified time period.  
If the proprietor of the utility model right opposes the reque st, the invalidation request shall 
be examined by the Registration Authority. If the proprietor of the utility model right submits 
a reworded claim, the Registration Authority shall examine the invalidation request on the 
basis of the reworded claim.  
If the proprietor of the utility model right does not oppose the invalidation request within a 
specified period of time, the registration of the utility model shall be declared invalid in 
whole.  
Section 21  The Registration Authority must declare the utility mod el registration invalid if 
there are grounds for doing so as stipulated in section 19(1). If the proprietor of the utility 
model right has submitted a reworded claim, this shall be the subject of invalidation 
procedures.  
If there are no grounds for invalid ation as stipulated in section 19(1) as regards the reworded 
claim submitted by the proprietor of the utility model right, the registration shall be held in 
force in accordance with the reworded claim. In such a case, the Registration Authority shall 
publi sh the reworded claim.  
If a registration has been declared invalid, the decision shall be published once it becomes 
final.  Chapter 4  
Appeals  
Section 22  A utility model right applicant or proprietor may seek appeal of a final decision 
concerning registrat ion or declaration of invalidation of the utility model right, if the decision 
is not in his favor. The person requesting a declaration of invalidation of a utility model may 
seek appeal if his request is rejected by the decision.  
Appeal of a decision rejecting a request for reinstatement under the third paragraph of section 
13 or a decision granting a request for transfer of an application under section 16 may be 
sought by the applicant. Appeal of a decision rejecting a request for transfer of an appli cation 
may be sought by the person making the request.  
An applicant or proprietor may seek to appeal against the Registration Authority's final 
decision by which a proposal referred to in section 26a (1 -3) has been rejected or dismissed.  
A proprietor may s eek to appeal against the Registration Authority's final decision as referred 
to in section 33(1), if the decision is not in his favour.  
Section 23  (31.1.2013/105) Appeals from decisions taken by the Registering Authority under 
the present Act must be lodged with the Market Court, as provided in the Act on the Finnish 
Patent and Registration Office (575/1992).  
 
The provisions of the Act on the Judici al Proceedings at the Market Court (100/2013) apply 
to the hearing of appeals referred to in subsection 1 by the Market Court.  
Chapter 5  
Scope and term of protection and restoration of rights  
Section 24  The scope of protection conferred by a utility mod el right shall be determined by 
the claim. The description and illustrations may be used to interpret the claim.  
Section 25  The term of protection of a utility model registration shall be four years from the 
filing date of the application and may, on reque st, be renewed twice, first for a period of four 
years and then for a period of two years.  
Section 26  The registration renewal fee shall fall due on the last day of the month during 
which the registration term expires. The renewal fee may be paid within si x months from the 
due date. After the expiration of the running registration term, a renewal fee must be paid, 
raised by a prescribed amount. Renewal fees may not be paid earlier than one year before the 
due date.  
Any renewal of registration must be announ ced. 
Section 26a  If an applicant or proprietor of a utility model right has suffered loss of rights 
because he has not taken action before the Registration Authority within the time limit laid 
down in this Act or in the provisions issued under it, but has taken all due care required by the circumstances to observe the time limit, and if that person takes such action within two 
months of the time at which the cause of his non -compliance ceases –and in any event no later 
than one year after expiration of the t ime limit –the Registration Authority must deem the act 
to have been performed within the prescribed time limit. The applicant or proprietor of a 
utility model right must inform the Registration Authority about it in writing within the 
aforementioned time l imit and pay the prescribed fee.  
If the applicant of a utility model right has suffered loss of rights in the observation of the 
time limit under section 5(1) but has filed the application within two months of the end of the 
priority year, the provisions o f subsection 1 will apply only if the request has been made and 
the prescribed fee paid within the same time limit of two months.  
Subsections 1 and 2 of this section also apply to an international patent application which has 
been pursued in the form of a utility model application in Finland, as regards the time limit to 
be observed concerning the receiving Office, the International Searching Authority, the 
International Preliminary Examining Authority or the International Bureau of World 
Intellectual Prope rty Organization (WIPO). Failure to observe this time limit must then be 
remedied at the Registration Authority.  
However, a request filed in accordance with the provisions of subsection 1, 2 or 3 may not be 
refused, nor may its admittance be refused, until  the utility model right applicant or proprietor 
has been given an opportunity to file his comments within the time limit laid down by the 
Registration Authority.  
Section 26b If a request under section 26a (1 –3) is granted and if, as a result, the examinat ion 
of a utility model application that has been dismissed or rejected after becoming available to 
the public is resumed or a lapsed utility model is reinstated, an announcement to that effect 
shall be made.  
Chapter 6  
Assignment, Licences and Compulsory L icences  
Section 27  A utility model right may be transferred.  
 
If another person has obtained the right to exploit the invention commercially (licence), such 
person may transfer his right to a further person only if such has been agreed.  
 
However, if the l icence has been granted to an enterprise, it may be transferred together with 
the enterprise, unless otherwise agreed. In such case the assignor shall remain liable for 
compliance with the licence agreement.  
Section 28  The transfer of a utility model right  or the grant of a licence shall be recorded in 
the Utility Model Register on request and on payment of the prescribed fee,. This shall also 
apply to the pledging of a utility model right. On proof that a licence or a pledge recorded in 
the Register is no longer in force, the entry shall be deleted from the Register.  
The first paragraph of this section shall apply mutatis mutandis to compulsory licences and to 
the right referred to in the first paragraph of section 32.  The person last recorded in the Utilit y Model Register as the proprietor of the utility model 
right shall be deemed the proprietor for the purposes of legal proceedings and for other 
matters concerning the utility model.  
Section 29  If a person acting in good faith has requested the Registering  Authority to record 
in the Register that a utility model right has been transferred to him or that he has obtained a 
licence to a utility model or a pledge in a utility model, an earlier transfer of the utility model 
right or of rights therein shall not b e enforceable against him, if the other party has not 
previously requested registration of his acquisition in the Utility Model Register.  
Section 30  Where two years have elapsed since the registration of the utility model and the 
invention has not been wor ked or brought into use to a reasonable extent in Finland, any 
person who wishes to work the invention in the country may obtain a compulsory licence to 
do so unless there are legitimate grounds for the failure to work.  
The provisions of sections 46 to 50 of the Patent Law relating to compulsory licences to 
exploit inventions protected by patents shall apply mutatis mutandis with respect to utility 
model rights.  
Chapter 7  
Termination of Utility Model Right and Obligation to Furnish Information  
Section 31  Where a utility model has been registered in the name of a person other than the 
person entitled under section 1 and where an action is brought by the person having the right 
to the utility model, the court shall transfer the utility model to the entitled person.  
Such actions shall be brought within one year of the plaintiff’s gaining knowledge of the 
registration and of any other circumstances on which the action is founded. Such action may 
not be brought more than three years after registration of the uti lity model if the proprietor of 
the utility model acted in good faith at the time the utility model was registered or was 
transferred to him.  
Section 32  Where a person dispossessed of a registration in accordance with section 31 had, 
in good faith, begun commercial exploitation of the invention in this country or had made 
substantial preparations therefor, he shall be entitled, against reasonable remunera tion and on 
other reasonable terms, to continue the exploitation or to commence the intended 
exploitation, provided that its general nature is maintained. A licensee recorded in the Utility 
Model Register shall have the same right subject to equivalent con ditions.  
The right referred to in the first paragraph of this section may only be transferred to others 
together with the enterprise in which it is exploited or intended to be exploited.  
Section 33  Where the proprietor of a utility model right notifies in writing that he 
relinquishes his registration, the Registration Authority shall delete the utility model from the 
Register. Such relinquishment of registration shall become effective as of the filing date of 
the utility model application.  Where a utility m odel is seized for debt or is subject to a pledge that has been recorded in the 
Register or if an action for transfer of the registration is pending, the utility model may not be 
deleted from the Register at the proprietor’s request as long as the seizure or pledge is in 
force or until a final decision has been given in the action.  
Section 34  Where a utility model registration has been transferred by final decision of a 
court, the Registering Authority shall publish a notice to that effect.  
Section 35  The p rovisions of section 56 of the Patents Act concerning the obligation to 
furnish information in respect of a patent shall apply mutatis mutandis to a utility model right.  
Chapter 8  
Liability, Payment of Compensation and Court Proceedings  
Section 36  The co urt may forbid any person who infringes the exclusive right conferred by a 
utility model right from continuing or repeating the act.  
Section 36 a  When hearing an action referred to in section 36 the court may at the utility 
model holder’s request prohibit the keeper of a transmitter, server or other similar device or 
other service provider acting as an intermediary, under penalty of a fine, from continuing the 
use alleged to infringe the utility model (injunction order) unless it can be considered 
dispropor tionate in view of the rights of the alleged infringer of the utility model or in view 
of the rights of the intermediary or utility model holder.  
Before the bringing of an action referred to in section 36, the court may, at the utility model 
holder’s reque st, issue an injunction if the preconditions for it set out in subsection 1 exist 
and if it is obvious that the utility model holder’s rights otherwise would be seriously 
endangered. The court must provide both for the party against whom the injunction is sought 
and for the party who is claimed to infringe the utility model right an opportunity to be heard. 
Communications to the party against whom the injunction has been sought may be delivered 
by mail, facsimile or email. (31.1.2013/105)  
The court may, on request, issue the injunction referred to in subsection 2 as an interlocutory 
injunction without hearing the alleged infringer, if the urgency of the case of necessity 
requires that. The injunction remains in force until ordered otherwise. After the injunc tion is 
issued, the alleged infringer must without delay be provided an opportunity to be heard. 
When the alleged infringer has been heard, the court must decide without delay whether to 
keep the injunction in force or withdraw it.  
An injunction issued und er this section must not endanger the right of a third party to send 
and receive messages. The injunction comes into force when the applicant lodges with the 
bailiff security referred to in Chapter 8, section 2, of the Enforcement Code (705/2007). The 
provisions of Chapter 7, section 7, of the Code of Judicial Procedure apply to the possibility 
to be released from lodging security. An injunction issued under subsection 2 or 3 above 
lapses if the action referred to in section 36 is not brought before a court  within a month from 
the issuance of the injunction. (31.1.2013/105)  The party who has demanded the injunction must compensate the party against whom the 
injunction is issued as well as the alleged infringer for the damage caused by the 
implementation of t he injunction and for any other costs resulting from the case, if the action 
referred to in section 36 is rejected or ruled inadmissible, or if the processing of the case is 
removed from the cause list because the plaintiff has abandoned his/her action or failed to 
arrive to the court. The same applies if the injunction is withdrawn under subsection 3 or 
lapses under subsection 4. When an action is brought for compensation for damage and costs, 
the provisions of Chapter 7, section 12, of the Code of Judicia l Procedure apply.  
Section 37  Any person who intentionally or negligently infringes a utility model right shall 
be liable to pay reasonable compensation for the exploitation of the invention, as also 
compensation for other damages caused by the infringemen t. If there is only slight 
negligence, the compensation may be adjusted accordingly.  
A person found guilty of utility model right infringement that is neither intentional nor 
negligent shall pay compensation for the exploitation of the invention if and to the extent held 
reasonable.  
An action for compensation for utility model right infringement may only be brought with 
respect to damages suffered during the five years preceding the institution of the action. If an 
action is not instituted within that perio d, the right to compensation shall be forfeited.  
Section 38  The provisions of section 59 of the Patents Act concerning measures to prevent 
further infringement shall apply mutatis mutandis to utility model rights.  
Section 38 a  In a dispute that concerns an infringement of a utility model the court may, at 
the plaintiff’s request, order the defendant to compensate the plaintiff for the cost occurred to 
him/her for publishing, by taking suitable measures, information concerning t he final 
decision in which the defendant is found to have infringed the utility model right. Such an 
order may not be given if the dissemination of the information is limited elsewhere in the 
law. In considering the issuance and contents of the order, the court must pay attention to the 
general significance of the publication of the issue, the kind and scope of the infringement, 
the costs involved in the publishing process and other corresponding facts.  
The court lays down a maximum amount for the reasonabl e publishing cost to be paid by the 
defendant. The plaintiff is not entitled to the compensation, if information about the decision 
has not been published within a period laid down by the court counted from the date when the 
final decision was issued.  
Section 39  Any person who infringes an exclusive right in a utility model right intentionally, 
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 violation of a u tility model right.  
Indictment for an offence referred to in the first paragraph may be brought by the Public 
Prosecutor only if so requested by the injured party.  
Section 40 Any person who intentionally or by negligence, other than slight negligence, fail s 
to comply with an obligation under section 35, shall be liable to a fine for failure to comply 
with the obligation to furnish information relating to a utility model.  Any person who provides false information in a case referred to in the said section sha ll also 
be liable to the same penalty, unless the act is punishable under the Penal Code.  
Indictment for an offence referred to in the present section may be brought by the Public 
Prosecutor only if so requested by the injured party.  
Section 41  Where a utility model registration has been declared invalid by a final decision, 
no penalty, payment of compensation or other sanction may be ordered under section 2 of 
Chapter 49 of the Penal Code or sections 36 to 39 of this Act.  
Subsection 2 repealed 1 September 2013 (105/2013)  
Section 42  Repealed 1 September 2013 (105/2013)  
Section 43  (31.1.2013/105) Disputes and application cases under this Act are heard by the 
Market Court.  
 
The provisions of the Act on the Judicial Proceedings at the Market Court a pply to the 
hearing of disputes and application cases by the Market Court.  
Section 44  (31.1.2013/105) Charges of an intellectual property offence, as referred to in 
Chapter 49, section 2, of the Criminal Code of Finland, which breaches a utility model rig ht; 
and charges of violation of a utility model, as referred to in section 39(1) of this Act, and of 
an offence referred to in section 40 of this Act, are heard by the Helsinki District Court.  
 
Claims for compensation under section 37, or claims referred t o in section 38 pursuant to 
section 59 of the Patents Act, arising from an offence referred to in the charge, may be heard 
in connection with a charge referred to in subsection 1 above, notwithstanding the provisions 
of section 43.  
 
The court remains compe tent to examine a claim referred to in subsection 2 even if the 
circumstances on which its competence is based change after the claim is being made.  
Section 44 a  (31.1.2013/105) The provisions of Chapter 4, section 22, of the Act on the 
Judicial Proceedin gs at the Market Court, on the right of the Market Court to request a 
statement, apply to the right of the court hearing a case referred to in section 44 above, to 
request a statement from the Registering Authority.  
Section 44 b  (31.1.2013/105) When heari ng a case referred to in section 44, the District 
Court may be assisted by a maximum of two expert members referred to in  chapter 17,  
section 10(2) of the Court Act ( 673/2016 ).  
 
The experts must give their statement in writing on the matters submitted to  them by the 
District Court. The experts are entitled to question the parties and the witnesses. The District 
Court must reserve the parties an opportunity to state their views on the expert’s statement 
before decision in the case.  
 
The provisions of Chapt er 17, section 22 of the Court Act  apply to the entitlement of the 
experts to a fee.  Section 44 c  (31.1.2013/105) The provisions of Chapter 4, section 23, of the Act on the 
Judicial Proceedings at the Market Court, on the obligation of the Market Court to  notify of 
its decisions, apply to the obligation of the court hearing a case referred to in section 44 
above, to notify the Registering Authority of a decision.  
Section 45  Repealed 1 September 2013 (105/2013)  
Chapter 8 a  
International Applications  
Section 45 a  In this Act "an international application" shall mean an application relating to a 
utility model filed under the Patent Cooperation Treaty (Finnish Treaty Series 58/80).  
International applications shall be filed with a registering 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 Finnish 
Patent and Registration Office, as laid down by Governme nt decree. Applicants filing an 
international utility model application in Finland shall pay the prescribed fees.  
Unless otherwise provided in sections 45b to 45d or 45f, the provisions of Chapter 3 of the 
Patents Act in respect of the processing of intern ational patent applications shall mutatis 
mutandis apply to the processing of international utility model applications designating 
Finland.  
Section 45b  An international utility model application to which a receiving office has 
assigned an international fil ing date shall have the same effect in this country as a Finnish 
utility model application filed on the same date. The second sentence in section 2(2) shall 
only apply to an international application that has been pursued under section 45d.  
Section 45c  An international utility model 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.  
Section 45d  If an applicant wishes to pursue an inte rnational utility model application in 
Finland, he shall file with the Patent Authority a translation in Finnish or Swedish of the 
international application within 31 months of the international filing date or, where priority is 
claimed, of the priority da te, or a copy of the application where it is written in Finnish or 
Swedish. The applicant shall pay the prescribed registration fee to the Registration Authority 
within the same period.  
If the applicant has paid the prescribed registration fee within the t ime limit laid down in 
subsection 1, the required translation or a copy of the application may be filed within a 
further period of two months, provided the prescribed additional fee is paid within that same 
period.  
If the application, in cases referred to in subsection 1, does not satisfy the requirements of this 
Act, the applicant may within a period of two months from the time limits referred to in 
subsection 1 render the application so as to comply with the requirements as to the form and content of the Implementing Regulations of the Patent Cooperation Treaty. If the applicant 
does not satisfy the requirements of this section, the application shall be deemed withdrawn 
as far as Finland is concerned.  
Section 45e   
Section 45e has been repealed by the Act o f 7 November 2008.  
Section 45f  Where an international application has been pursued under section 45d, the 
provisions of Chapters 2 and 5 shall apply in respect of the application and examination, 
unless otherwise provided in this section or in sections 34 to 38 of the Patents Act. However, 
the application may be taken up for examination prior to the expiration of the period laid 
down in section 45d(1), only if so requested by the applicant.  
The obligation under section 10 of the applicant to have a represen tative domiciled in the 
European Economic Area does not begin until the date when the application may be taken up 
for examination.  
When 18 months have elapsed since the filing date of the application or, if priority is claimed, 
from the priority date, and the applicant has satisfied his obligation under section 45d to 
submit a translation or, where the application has been written in Finnish or Swedish, the 
applicant has submitted a copy of the application to the Registration Authority, the 
application docu ments shall be made available to the public even before the applicant has 
pursued the application.  
Chapter 9  
Special Provisions  
Section 46  Separate provisions shall apply to the amounts of fees to be paid under the present 
Act. 
Section 47  Further provisions on utility model applications, the Utility Model Register and 
the Registration Authority will be issued by Government Decree. Detailed technical 
regulations concerning utility model applications may be issued by the Registration 
Authori ty. Such regulations may concern the utility model application and its processing, 
registration, amendments and time limits and other comparable technical issues.  
Section 48  The provisions of section 75 of the Patents Act concerning the obligation to 
surre nder rights in an invention in certain cases and the compensation to be paid therefor 
shall apply mutatis mutandis to utility model rights.  
Separate provisions shall apply in respect of inventions of importance to the defence of the 
country.  Chapter 10  
Entry into Force and Transitional Provisions  
Section 49  This Act shall enter into force on a date to be decreed by the Government.  
Applications filed prior to the entry into force of this Act may not serve as a basis for a 
priority claim under section 5.  
Patent applications filed or deemed to have been filed prior to the entry into force of this Act 
may not be converted into applications for utility models under section 8.  
 
Act 686/2006 comes into force on 1 September 2006.  
Section 36 a of this Act also ap plies to disputes that have been pending before the entry into 
force of this Act.  
The provisions applicable at the entry into force of this Act apply to disputes pending before 
the entry into force of this Act, instead of the provisions of section 38 a of this Act.  
Act 700/2008 comes into force on 1 December 2008  
1. This Act enters into force on 1 December 2008.  
2. The provisions of this Act apply to utility model applications pending at the time of the 
entry into force of this Act, to utility model rights registered on the basis of the applications, 
and to utility model rights registered before the entry into force of this Act, unless otherwise 
provided in subsections 3 –5.  
3. The provisions of section 7a and 7b of this Act apply to utility model applicatio ns filed or 
deemed to have been filed on the day of entry into force of this Act or thereafter.  
4. The provisions of section 17(2) of this Act apply to utility model applications filed on the 
day of entry into force of this Act or thereafter.  
5. The provis ions of section 26(1) of this Act apply to such renewal fees as fall due for 
payment on or after the day on which the Act entered into force.  
6. Measures necessary for the implementation of this Act may be undertaken before the Act’s 
entry into force.  
Act 744/2011 comes into force on 1 November 2011  
1. This Act will enter into force on a date to be defined by government decree.  
2. The provisions of section 6 a of this Act concerning the record of applications apply to 
utility model applications filed or de emed to have been filed on the day of entry into force of 
this Act or thereafter.  
3. Measures necessary for the implementation of this Act may be undertaken before the Act’s 
entry into force.  
Act 105/2013 comes into force on 1 September 2013  
 
Appeals from  decisions taken by the Registering Authority before the entry into force of this 
Act, are lodged in accordance with the provisions of law in force at the time of the entry into force of this Act.  
 
Disputes or application or criminal cases which have been brought before a District Court 
before the entry into force of this Act, are heard in accordance with the provisions of law in 
force at the time of the entry into force of this Act.  
 
Measures necessary for the implementation of this Act may be undertaken before the Act’s 
entry into force.