WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/FIN/P/14 
16 February 2012 
 (12-0888) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND 
  The present document reproduces the text
1 of the Patents Act, as notified by Finland on 
10 February 2011 under Article 63.2 of th e Agreement (see document IP/N/1/FIN/3). 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
FINLANDE 
  Le présent document contient le texte
1 de la Loi sur les brevets, notifiée par la Finlande le 
10 février 2011 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/FIN/3). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio  
 
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
FINLANDIA 
 
 En el presente documento se reproduce el texto
1 de la Ley de Patentes, notificada por 
Finlandia el 10 de febrero de 2011 en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el 
documento IP/N/1/FIN/3). 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
   IP/N/1/FIN/P/14 
 Page 3 
 
 
   
    
 
    
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS 
AND REGULATIONS 
(in English) 
   
Unofficial translations 
 
 
  
PATENTS (Including plant variety protection and utility model protection 
and related legal instruments) 
 
   
   IP/N/1/FIN/P/14 
 Page 5 
 
 
  PATENTS ACT  
 (Unofficial translation) 
 
No. 550 of December 15, 1967, as amended by Ac ts 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, No. 1695/95 of 22 December 1995, No. 243/97 of 21 March 1997, No. 650/00 of 30 June 2000, No. 990/04 of 19 November 2004, No. 896/05 of 18 November 2005, 
295/06 of 21 April 2006 and 684/2006 of 21 July 2006. 
 
Chapter 1 
General Provisions 
 
Section 1  (30.6.2000/650)  
Anyone who has, in any field of technology, made  an invention which is susceptible of industrial 
application, or his or her successor in title, is entitle d, on application, to a patent and thereby to the 
exclusive right to exploit the invention commercia lly, in accordance with this Act.(18.11.2005/896) 
 The following, 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.  
 
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 compos itions, for use in any of these methods.   
 Patents shall not be granted for plant or animal vari eties. Inventions which concern plants or animals 
shall nevertheless be patentable if the technical feasibility of the invention is not confined to a 
particular plant or animal variety. The concept of  plant variety within the meaning of this Act is 
defined by Article 5 of Council Regulation (EC) No 2100/94 on Community plant variety rights.  
 Patents shall not be granted for essentially biologia l processes for the production of plants or animals. 
For the purposes of this Act a pro cess for the production of plants or animals shall be considered 
essentially biological if it consists entirely of na tural phenomena such as crossing or selection. What 
is said above shall be without prejudice to th e patentability of inventions which concern a 
microbiological or other technical process or a product obtained by means of such a process. For the purposes of this Act 'microbiological process' means any process involving or performed upon or 
resulting in microbiological material.  
 
Inventions shall be patentable even if they c oncern a product consisting of or containing biological 
material or a process by means of which biolog ical material is produced, processed or used. 
Biological material which is isolated from its natural environment or produced by means of a 
technical process may be the subject of an invention even if it previously occurred in nature. For the 
purposes of this Act 'biological material' means a ny material containing genetic information and 
capable of reproducing itself or being reproduced in a biological system.   IP/N/1/FIN/P/14 
Page 6  
 
  Section 1 a  (30.6.2000/650)  
The human body, at the various stages of its forma tion and development, and the simple discovery of 
one of its elements, including the sequence or partia l sequence of a gene, cannot  constitute patentable 
inventions.  
An element isolated from the human body or otherw ise produced by means of a technical process, 
including the sequence or partial sequence of a gene , may, without prejudice to the provisions of 
subsection (1), where the requirements for patentability  are fulfilled, constitute a patentable invention, 
even if the structure of that element is identical to that of a natural element.  
 
Section 1 b  (30.6.2000/650) 
Patents shall not be granted for inventions the comm ercial exploitation of which would be contrary to 
ordre public or morality.  The commercial exploitation of an invention may not be  considered to be contrary to ordre public or 
morality merely because it is prohibited by law or regulation.  
 For the purposes of subsection (1), the following i nventions, in particular, shall be considered 
unpatentable:   1) processes for cloning human beings;  
2) processes for modifying the germ line genetic identity of human beings;  
3) uses of human embryos for industrial or commercial purposes;  4) processes for modifying the genetic identity of animals which are likely to cause them suffering 
without any substantial medical benefit to man or animal, and also animals resulting from such 
processes.  
 
Section 2  (6.6.1980/407)  
Patents may only be granted for inventions which are new in relation to what was known before the 
date of filing of the patent app lication and which also differ essentia lly from them. (18.11.2005/896)  
 Everything made available to the public in writing, in lectures, by public use or otherwise is 
considered as known. Also, the contents of a patent a pplication filed in this country before said filing 
date are considered as known if that applica tion becomes available to the public pursuant to 
Section 22. Similarly, the contents of a utility model application filed in this country before the filing 
date of the patent application are deemed to have become known if the utility model application 
becomes available to the public pursuant to Secti on 18 of the Act on Utility Model Rights (800/1991). 
The condition in subsection (1) that the invention must differ essentially from what was known before 
the filing date of the patent application, does not, ho wever, apply in respect of the contents of such 
patent or utility model a pplications. (18.11.2005/896) 
 Applications referred to in Chapter 3 shall, for th e purposes of subsection (2), in certain cases have the 
same effect as patent applications filed in th is country, pursuant to provisions laid down in 
Sections 29 and 38. 
 The provision in subsection (1) above, 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 Section l (3), 
provided that the use of the substance or composition is not known for such method. 
 
Patents may be granted, however, for inventions ma de 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  IP/N/1/FIN/P/14 
 Page 7 
 
 
  (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 N ovember 22, 1928 (Finnish Treaty Series 36/37). 
 Section 3  (6.6.1980/407)  
The exclusive right conferred by a patent shall impl y, with the exceptions stated below, that no one 
may exploit an invention, without the proprietor's consent, 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 offeri ng such process for use in this country if he knows 
or if it is evident from the circumstances that the use of the process is prohibited without the consent 
of the proprietor 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 proprietor the exclusive right to prevent any person not having his consent from supplying or offering to supply any pe rson 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 ev ident from the circumstance s, 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 subsection of  this section. For the purposes of this subsection, 
any person using the invention in a manner referred to  in subsection (3), item (1), (2) or (4), 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 patented product that has been put on the market within the European Economic Area by 
the proprietor of the patent or with his consent; (18.12.1992/1409)  (3) use in experiments relati ng to the invention as such;  
(4) examinations or experiments or measures arisi ng from practical demands which are needed for an 
application to obtain a marketing authorisation for a medicinal product and which relate to the 
invention concerning that medicinal product (21.4.2006/295); or (5) preparation in a pharmacy of a medicine prescribed by a physician in individual cases or treatment given with the aid of a medicine so prepared. 
 
Section 3 a  (30.6.2000/650)  
The protection conferred by a patent on a biological  material possessing specific characteristics as a 
result of the invention shall extend to any biological  material derived from th at biological material 
through propagation or multiplication in an iden tical or divergent form and possessing those same 
characteristics. 
 
The protection conferred by a patent on a process th at enables a biological material to be produced 
possessing specific characteristics as a result of the invention shall extend to biological material 
directly obtained through that pr ocess and to any other biological material derived from the directly 
obtained biological material through propagation or mu ltiplication in an identical or divergent form 
and possessing those same characteristics.  
 The protection conferred by a patent on a product co ntaining or consisting of genetic information shall 
extend to all material, save as provided in subsec tion (1) of Section 1 a, in which the product is 
incorporated and in which the genetic informa tion is contained and pe rforms its function.  IP/N/1/FIN/P/14 
Page 8  
 
  The protection referred to above shall not extend to  biological material obtained from the propagation 
or multiplication of biological material placed on the market in the territory of the European 
Economic Area by the holder of the patent or w ith his consent, where the multiplication or 
propagation necessarily results from the application for which the biological material was marketed, provided that the material obtained is not subseque ntly used for other propagation or multiplication.  
 
Section 3 b  (30.6.2000/650) 
By way of derogation from the provisions of Section 3 a, subsections (1) to (3), the sale or other form of commercialisation of plant propagating material to a farmer by the holder of the patent or with his 
consent for agricultural use implies authorisation for the farmer to use the product of his harvest for 
propragation or multiplication by him on his own farm , the extent and conditions of this derogation 
corresponding to those under Article 14 of Counc il Regulation (EC) No 2100/94 on Community plant 
variety rights.  By way of derogation from the provisions of Section 3 a, subsections (1) to (3), the sale or any other 
form of commercialisation of breeding stock or othe r animal reproductive material to a farmer by the 
holder of the patent or with his consent implies authorisation for the farmer to use the protected livestock for an agricultural purpose. This includes making the animal or anim al reproductive material 
available for the purposes of pursuing his agricultural activity but not sale within the framework or for 
the purpose of a commercial reproduction activity.   
More specific regulations concerning the contents and implementation of th e derogation provided for 
in subsection 2 may be decreed by the Government where necessary.   
Section 4  
Any person who, at the time the patent applica tion 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 a pplicant 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 explo itation of the inventio n in this country. 
 
The right afforded under subsection (1) above can onl y be transferred to other parties together with 
the business in which it originated or in whic h exploitation was intended to take place.  
 
Section 5  
Notwithstanding the patent, an invention may be expl oited 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 th e 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.   
Section 6  (6.6.1980/407) 
A patent application relating to an invention disclo sed 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 fi led in another state party to the Paris Convention 
for the Protection of Industrial Property (Finnish Treaty Series 36/10 and 43/15) or to the Agreement 
Establishing the World Trade Organization (Finnish  Treaty Series 5/95) shall be deemed, for the 
purposes of subsections (1), (2), (4) and (5) of Secti on 2 and of Section 4, to have been filed at the 
same time as the earlier application, if the appli cant so requests. Such prio rity may also be enjoyed 
under an earlier application for protection filed in a state not party to the above agreements, if the  IP/N/1/FIN/P/14 
 Page 9 
 
 
  corresponding priority deriving from a Finnish applicati on is granted in such state and if the laws of 
such state substantially conform to the above agreements. (18.11.2005/896) 
 The Government, or a patent authority appointed by the Government, shall lay down the manner in 
which priority claims shall be filed and the docum ents to be submitted in support of claims. Where 
such requirements are not satisfied, priority shall not be granted.  
 
Chapter 2 
The Processing of Patent Application and the Opposition Procedure 
(21.3.1997/243)  
Section 7  (6.6.1980/407) 
"Patent Authority" shall mean the Patent Author ity of Finland unless otherwise stated. The Patent 
Authority of Finland is the National Board of Pa tents and Registration of Finland, pursuant to 
provisions laid down separately. 
 
Section 8  
Applications for patents shall be filed in writing with the Patent Au thority or, in the cases referred to 
in Chapter 3, with the patent authority of anothe r country or with an international organization. 
 The application shall contain a description of the in vention, together with drawings where necessary, 
and a precise statement of the s ubject matter for which patent pr otection is sought (one or more 
claims). The fact that the inven tion relates to a chemical compound sh all not mean that a specific use 
must be disclosed in the claim. The description sha ll be sufficiently clear to enable a person skilled in 
the art, with the guidance thereof, to carry out th e invention. An invention relating to a biological 
material or involving the use of biological material  when being carried out shall be regarded, in the 
cases referred to in section 8a, as disclosed with su fficient clarity only if the requirements set out in 
that section are also satisfied. (30.6.2000/650)   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 applicati on. If a patent is applied for by a person other than 
the inventor, the applicant shall be require d to prove his title to the invention.  
 The description, abstract and claims shall be writte n 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 Section 22 (2). 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 f ee. The prescribed renewal fee shall also be paid 
for the application in respect of each year that has begun before a final decision is given on the application. (10.5.1985/387)   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. (10.5.1985/387)  
 Section 8 a  (30.6.2000/650)  
Where an invention concerns biological material or the carrying out thereo f involves the use of a 
biological material which neither is available to the public nor can be described in the application IP/N/1/FIN/P/14 
Page 10  
 
  documents in such a manner as to enable a person skilled in the art to carry out the invention, a 
sample of the biological material shall be deposited no  later than on the date the application was filed. 
The biological material shall be continuously on deposit thereafter so that any person entitled under 
this Act to a sample of the deposited material may have the sample furnished in Finland. The 
Government shall decree where deposits may be made. 
 
If a deposited biological material ceases to be viable  or if samples of the material cannot be furnished 
for other reasons, it may be replaced by a new deposit of the same biological material, as decreed by the Government. Once this has been done, the new de posit shall be deemed to have been made on the 
date of the previous deposit.  
 
Section 8 b  (18.11.2005/896)  
The Patent Authority must accord a filing date for a patent application, if:  (1) the application contains an indication that its elements are intended to be a patent application; 
(2) the application contains indications allowing th e 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 applicati on contain anything that 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 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 corr ect the deficiencies within a time limit laid down by 
the Patent 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 application, 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 applicati on, the date on which all deficiencies have been 
corrected will be taken to be the filing date. 
 
Section 8 c  (18.11.2005/896) 
If an application which has been filed in complian ce with the provisions of section 8b is defective and 
the Patent Authority finds that an element or elem ents of the description or the drawings to which 
reference is made in the description or the patent  claims are missing, the applicant is invited to 
supplement his or her application within the limit laid down by the Patent Authority. If the missing 
elements are furnished within that time limit, the da te on which all deficiencies have been corrected 
will be taken to be the filing date, unless otherw ise specified in subsections (2) and (3).  
 If the subsequently furnished elements referred to  in subsection (1) are cancelled within one month 
from the date of furnishing, the original fili ng date will be taken to be the filing date. 
 
If the missing elements are furnished in compliance w ith the provisions of subsection (1) and priority 
is claimed from an earlier application and the miss ing 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 basi s of priority within the time limit laid down in 
subsection (1). 
  IP/N/1/FIN/P/14 
 Page 11 
 
 
  Section 9  (6.6.1980/407) 
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 Coope ration Treaty done at Washington on June 19, 1970. 
 Section 10 
A patent may not be applied for in respect of two or more inventions that are independent of one 
another in the same application.  
Section 11 
If a patent is applied for in respect of an inventi on disclosed by the applican t in an earlier application 
on which no final decision has been given, the later a pplication 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. 
 Section 12  
An applicant not domiciled in the country shall be required to appoint a representative residing in the 
European Economic Area to represent him in matters  concerning the applica tion. (30.6.2000/650) 
 If it has not been possible to notify the applicant at the address he has furnished of a decision taken in 
respect of a patent application, notification can be  effected by publishing an  announcement in respect 
of the matter in the patent gazette published by th e National Board of Patents and Registration. Such 
notification is deemed to have been effected once the action mentioned above has been taken. 
(21.3.1997/243)   Section 13  (21.3.1997/243)  
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.  Section 14  Repealed 21.3.1997/243 
 
Section 15 
If the applicant fails to satisfy the requirements for th e application or if the Patent Authority has other 
objections to acceptance of the application, the app licant shall be notified thereof by official action 
and be invited to file his response or to correct th e application within the specified period of time. The 
Patent Authority may, however, make such change s to the abstract as it  deems necessary without 
consulting the applicant. (6.6.1980/407) 
 
If the applicant fails to file observations or take st eps 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 if, within  four months of the expiration of the time limit, 
the applicant files observations or takes steps to co rrect the application and, within the same period of 
time, pays the prescribed reinstatement fee.   If the applicant fails to pay the renewal fee under S ections 8, 4l and 42, the application shall be 
dismissed without official notification. Applications  dismissed for such reason may not be reinstated. 
(10.5.1985/387)  
 IP/N/1/FIN/P/14 
Page 12  
 
  Section 16 
 If, after the applicant has filed his observations, there still remains an obstacle to acceptance of the 
application which the applicant has had an opport unity to comment on, the application shall be 
rejected, unless there is reason to issue a furt her official notification to the applicant. 
 Section 17 
If a person other than the applicant claims before th e 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 la w within a period of time to be laid down, failing 
which the claim may be disregarded in the fu rther processing of the patent application. 
 
If proceedings for proper title to an invention in re spect of which a patent has been applied for are 
pending before a court, the patent application may be suspended until a final decision is given by the 
court.   Section 18  
If a person proves to the Patent Authority that he and not the applicant has proper title to the 
invention, the Patent Authority sha ll, if such person so requests, tr ansfer the application to him. The 
transferee shall pay a new application fee.  If a request is made for transfer of a patent applica tion, the application shall not be dismissed, rejected 
or granted until a final decision has been taken on the request.  
 Section 19  (21.3.1997/243) 
If the application satisfies the formal requirement s and no obstacle is found to acceptance of the 
application, the patent authority shall notify th e applicant that the application can be accepted. 
 
Once the notice referred to in subsec tion (1) has been given to the applicant, no request may be filed 
under Section 11, nor may the patent claims be al tered in such a way as to extend the scope of 
protection.   The applicant shall pay the prescribed printing fee within two months from the date on which he was 
given the notice pursuant to subsection (1). Failing th at, 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 printing fee together with the prescribed reinstatement fee.  
 If an application for a patent is filed by an inventor  and if, within two months of the date on which he 
was given the notice pursuant to subsection (1), he  requests exemption from payment of the printing 
fee, the Patent Authority may grant said exemption if the applicant is considered to have great 
difficulty in paying the fee. If the request is reject ed, a fee paid within two months thereafter shall be 
deemed to have been paid on time.   Section 20  (21.3.1997/243) 
Once the applicant has done what is required of him under Section 19, the Patent Authority shall 
accept the application, provided th at there is still no obstacle. The acceptance of the application shall 
be announced.  A patent has been granted on the day the acceptance of the application is announced. A granted patent 
shall be recorded in the Patent Register kept by th e Patent Authority. Letters patent shall be issued to 
the proprietor of the patent.    IP/N/1/FIN/P/14 
 Page 13 
 
 
  Section 21  (21.3.1997/243) 
From the date on which the patent is granted, copi es of the printed patent specification containing the 
description, claims and abstract, and giving also the names of the proprietor of the patent and the inventor, shall be obtainable from the Patent Authority.  Section 22  
The documents concerning a patent shall be ava ilable to the public as from the date on which the 
patent was granted. (21.3.1997/243)  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 rega rdless of whether the patent has been granted yet. 
If the application has been dismissed or rejected, th e documents shall be made available to the public 
only if the applicant requests reinstatement of his ap plication, lodges an appeal or submits a request 
under Sections 71a or 71 b. (21.3.1997/243)   
At the request of the applicant, the documents sh all be made available earlier than provided in 
subsections (1) and (2) of this Section.   When documents are made available under subsecti ons (2) and (3) above, an announcement 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 or granted, the Patent Authorit y may, on request and if good reason is given, order 
that the document shall not be made available. If such request is made, the document shall not be 
made available until the request has been re fused by a final decision. (21.3.1997/243) 
  
Where biological material has been deposited under  Section 8a, any person shall have the right to 
obtain a sample of the biological material once the documents have become available to the public 
under subsections (1), (2) or (3). Notwithstanding th e above provision samples will not be issued to 
any person not allowed by law or other applicab le regulations to handle the deposited biological 
material. It shall also not imply that samples ma y 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 material. 
(30.6.2000/650)  
 Notwithstanding the provision in the first sentence of  subsection (6), samples of a deposit shall be 
issued to a special expert only, if the applicant so  requests, until a patent has been granted or during a 
period of 20 years from the filing date of the applicat ion if a final decision not resulting in the grant of 
a patent has been taken on the application. The G overnment shall lay down the time limits for making 
such request and determine who ma y be called as an expert by a person wishing to obtain a sample. 
(21.3.1997/243)   A person wishing to obtain a sample shall submit a requ est in writing to the Patent Authority and give 
an undertaking in the terms laid down by the Gove rnment to prevent misuse of the sample. Where 
samples may be issued to a special expert only, the undertaking must be given by such expert. 
(10.5.1985/387)   Section 23  (21.3.1997/243) 
If an application which has been made available to  the public is dismissed or rejected, the decision 
shall be announced once it has become final. 
 IP/N/1/FIN/P/14 
Page 14  
 
  Section 24  (21.3.1997/243) 
Any person may file an opposition against a grante d patent. The opposition must be submitted to the 
Patent Authority within nine months of the date  of the grant of the patent. The opposition must be 
filed in writing and specify the grounds on which it is made. 
 
Where an opposition to the grant of a patent has been filed, the applicant shall be notified thereof and 
given an opportunity to make observations on th e opposition. A patent pr oprietor not domiciled in 
Finland shall appoint a representative referred to in Section 12 of the Patents Act for opposition 
proceedings.   
The Patent Authority may, where special circ umstances warrant, take the opposition into account, 
even if the patent has lapsed or lapses pursuant to Section 51 or even if the opposition is withdrawn. If 
the person who filed the opposition wi thdraws it, he may not appeal from a final decision taken by the 
Patent Authority. The Patent Authority shall take  into consideration an opposition filed during the 
opposition period, even if the patent has been lim ited by a final decision before the filing of the 
opposition. (18.11.2005/896)  
 Section 25  (30.6.2000/650)  
The Patent Authority shall revoke a patent on account of an opposition: 
 (1) if the patent relates to an invention that does not satisfy the requirements of Sections 1, 1 a, 1 b 
or 2;  
(2) if the patent relates to an i nvention the description of which is not sufficiently clear to enable a 
person skilled in the art to carry out the invention;  (3) if the patent contains subject matter no t included in the application as filed; or  
(4) if the scope of protection was extended after the notice referred to in Section 19 (1), was given.  
 
The Patent Authority shall reject the opposition if th ere is no obstacle referred to in subsection (1) to 
maintenance of the patent.   If the proprietor of the patent has during opposition pr oceedings amended the patent in such a manner 
that there is no obstacle referred to in subsection (1) to maintenance of the patent as amended, the 
Patent Authority shall maintain the patent in the amended form.  
 If the patent is maintained as amended, the Pa tent Authority shall keep the amended patent 
specification available to the public.   
The Patent Authority shall announce a decision ta ken account of an opposition once the decision has 
become final.   Section 26  (21.3.1997/243)  
An applicant may appeal against a final decision take n by the Patent Authority on a patent application 
if the decision is not in his favour. A patent pr oprietor or a person who lodged an opposition may 
appeal against a final decision taken by the Pa tent Authority on account of an opposition if the 
decision is not in his favour. Such appeal may be examined, even if the person who lodged the opposition withdraws his appeal, where special circumstances warrant.  A decision rejecting a request for reinstatement under  Section 15 (3) or Section 19 (3) or a decision 
granting a request for transfer of an application under Section 18 may be appealed against by the 
applicant. A decision rejecting a request for transfer of an application may be appealed against by the 
person who made the request.    IP/N/1/FIN/P/14 
 Page 15 
 
 
  A decision rejecting a request for an order under Sect ion 22 (5) may be appealed against by the person 
who made the request.   Section 27  (21.3.1997/243) 
Appeals from final decisions referred to in section 26 must be lodged with the Board of Appeal of the 
National Board of Patents and Registration of Finl and. Separate provisions apply to the appealing 
procedure and the processing of cases in th e Board of Appeal. (18.11.2005/896) 
 27(2)  repealed (18.11.2005/896) 
 
The provisions of Section 22 (5) concerning publicity of documents relating to patents, apply mutatis 
mutandis also to documents to be submitted to th e Board of Appeal and the Supreme Administrative 
Court.   
Chapter 3 
International Patent Application (6.6.1980/407) 
 Section 28  (6.6.1980/407) 
"An international application" shall mean an a pplication 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 Coopera tion 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. A pplicants filing an international application in 
Finland shall pay the prescribed fee.  
 
Sections 29 to 38 apply to international app lications in which Finland is designated.  
 Section 29  (6.6.1980/407) 
An international application to which a receiving Of fice has assigned an international filing date has 
the same effect in Finland as a Finnish applica tion filed on the same date. The second sentence in 
Section 2(2) applies only to an international a pplication that has been pursued under Section 31. 
(18.11.2005/896)  Section 30  (6.6.1980/407)  
An international application sh all 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 31  (10.5.1985/387) 
Where an applicant wishes to pursu e an international application in Finland, he shall file with the 
Patent Authority a translation into Finnish or Sw edish of the international application within 31 
months of the international filing date or, where prior ity is claimed, of the priority date, to the extent 
prescribed by Government decree, 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 within the same period. 
(19.11.2004/990)  If the applicant has paid the prescribed fee within  the time limit laid down in subsection (1, the 
required translation or a copy of the application ma y be filed within 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 
withdrawn as far as Finland is  concerned. (19.11.2004/990) IP/N/1/FIN/P/14 
Page 16  
 
  Section 32  has been repealed on 1 January 2005 (990/2004) 
 Section 33  (6.6.1980/407) 
Where an international application has been pur sued under Section 31, Chapter 2 shall apply in 
respect of the application and examination unless othe rwise provided in this Se ction or in Sections 34 
to 37. However, the application may be taken up fo r examination prior to expiration of the period laid 
down in Section 3l(1) only if so requested by the applicant. (19.11.2004/990) The obligation under Section 12 of the applicant to have a representative residing in the European 
Economic Area shall not begin until the date when the application may be taken up for prosecution. 
(30.6.2000/650)  
 
Section 22 (2) and (3) shall take effect even be fore the application h as been pursued, once the 
applicant has complied with the requirement under Sec tion 31 to file a translation of the application 
or, if the application is in Finnish or Swedish, onc e the applicant has filed a copy of the application 
with the Patent Authority. (10.5.1985/387)  
 
For the purposes of Sections 48, 56 and 60, the inte rnational application is deemed to have become 
available to the public once the applicant has fulfilled the obligations  under subsection (3). 
(10.5.1985/387)   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 that respect.  
 Section 34  (21.3.1997/243) 
A notice referred to in Section 19 (1) concerning accep tance of an international patent application 
may not be given, nor may such patent application be rejected before expiration of the time limit laid 
down by the Government, unless the applicant agr ees to an earlier ruling on the application. 
 Section 35  (21.3.1997/243) 
An international application may not, without the co nsent of the applicant, be published, in printed 
form or another similar way, nor may a patent be gr anted on an invention that is the subject matter of 
such application by the Patent Authority before its publication by the International Bureau of the 
World Intellectual Property Organization or before the expiration of a period of 20 months after the 
international filing date or, where priority is cl aimed, after the priority date. (18.11.2005/896) 
 
Section 36  (6.6.1980/407)  
Where a part of an international application has not been the subject of an international search or an 
international preliminary examination on the gro unds 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 applica tion that has not been the subject of a search or an 
examination shall be deemed withdrawn before th e 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 cons iders 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 subsection (1) in the cases where the Patent 
Authority has found that the application includes i ndependent inventions. Sec tion 27(1) is to apply 
with the necessary changes. (18.11.2005/896)   IP/N/1/FIN/P/14 
 Page 17 
 
 
  Where the appeal authority upholds the decision of th e Patent Authority, the time limit for payment of 
the fee referred to in the second sentence of subsect ion (1) above shall be computed as from the date 
on which the decision of the appeal authority becomes final.   Section 37  (6.6.1980/407) 
Where a part of an international application has not  been the subject of an international preliminary 
examination because the applicant ha s 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 wi thdrawn before the Patent Authority unless the 
applicant pays the prescribed fee within two m onths of the date he received the corresponding 
notification from the Patent Authority. 
 Section 38  (6.6.1980/407) 
Where a receiving Office has refused  to accord an international f iling date to an international 
application or has stated that the application is to  be deemed withdrawn or that designation of Finland 
is to be deemed withdrawn, the Patent Authority mu st review the decision if the applicant so requests. 
The same applies to any decision by  the International Bureau to the effect that an application is 
deemed withdrawn. (18.11.2005/896)  A request for review under subsection (1) shall be file d with the International Bureau within 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. (10.5.1985/387)   Where the Patent Authority finds that the decisi on by the receiving Office or by the International 
Bureau was incorrect, it must examine the appli cation as provided in Chapter 2. If the receiving 
Office has not accorded an international filing date, the application is to be deemed to have been filed 
on the date that the Patent Authority considers s hould 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 must be accepted in that respect. (18.11.2005/896) 
 The second sentence of the second subsection of Secti on 2 shall apply to applications accepted for 
examination under the third subsection of this Secti on if the application is made available to the 
public under Section 22.   
Chapter 4 
The Scope and Term of a Patent 
 
Section 39 
The scope of protection conferred by a patent sha ll be determined by the claims. The description may 
serve as guidance for interpreting the claims.  Section 40  (6.6.1980/407) 
A granted patent may be maintained for 20 years from the date on which the application was filed. 
 A prescribed renewal fee shall be payable for the pate nt in respect of each fee year beginning after the 
grant. If a patent is granted befo re renewal fees for th e application have become due under Section 41, 
the proprietor of the patent shall also be required to pay renewal fees for the fee years beginning prior 
to the grant of the patent, at the time the renewa l fee for the patent becomes due for the first time. 
(10.5.1985/387)   IP/N/1/FIN/P/14 
Page 18  
 
  Chapter 5 
Renewal fees 
(10.5.1985/387) 
 Section 41  (10.5.1985/387) 
The renewal fee shall be payable on the last day of the calendar month during which the fee year 
begins. The renewal fees for the first two years, ho wever, shall not become payable until the fee for 
the third fee year is due. renewal fees may not be paid earlier than six months before the due date. 
 For a later application under section 11, the rene wal fees for fee years which have begun before the 
date of receipt of the later application, or whic h begin within two months of the date of receipt, 
become in no event due until the last day of th e second month following the date of receipt. The 
renewal fees for an international application in respect of fee year s 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 become in no event due until the last day of 
the month that falls two months after the date on which the application was pursued or otherwise 
prosecuted. (18.11.2005/896)  Renewal fees, together with prescribed additional fees, shall be payable within the six months 
following the due date.   
Section 42  (10.5.1985/387)  
Where the applicant or proprietor of the patent is the inventor and if he experiences serious difficulty 
in paying the renewal fees, the Patent Authority ma y grant him respite in respect of payment if he 
makes a corresponding request no later than the date  on which renewal 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 renewal fees for which respite of payment ha s been granted under subsection 1 may be paid 
together with the additional fee prescribed in Sectio n 41 (3) within the six months following the date 
up to which respite was granted.   
Chapter 6 
Assignment, Licences and Compulsory licences   
Section 43 
Where the proprietor of the patent has granted an other person the right to exploit the invention 
commercially (a licence), the licensee shall not be entitle d to assign his right to a further party, except 
as otherwise agreed. 
 
Section 44  
The transfer of patents and the grant of licences shal l be recorded, on request, in the Patent Register. 
The same shall apply to the pledging of a patent.  
On proof that a licence or a pledge recorded in the Register is no lo nger in force, the entry of that 
licence or pledge shall be deleted from the Register.   Subsections (1) and (2) shall apply mutatis muta ndis to compulsory licences and to rights under 
Section 53 (2).   IP/N/1/FIN/P/14 
 Page 19 
 
 
  The person last recorded in the Register as the patentee shall be deemed the proprietor for the 
purposes of law suits and for other matters concerning the patent.   If a person acting in good faith has requested the Pate nt Authority to record in the Register that a 
patent has been assigned to him or that he has obt ained a licence under a patent or a pledge of 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 th e assignee or proprietor of rights in the patent.  
 
Section 45  
Where three years have elapsed si nce 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 wo rk the invention may be shown. (22.12.1995/1695) 
 Subject to reciprocity, the Government may decree  that, for the purposes of subsection (1) of this 
Section, the working of an invention in a foreign St ate shall be deemed equivalent to working in this 
country.   
Section 46  
The proprietor of a patent for an invention who se exploitation is dependent on a patent held by 
another person may obtain a compulsory licence to e xploit the invention protected by such patent if 
deemed reasonable in view of the importance of th e first-mentioned invention or for other special 
reasons.  The proprietor of a patent in respect of which a compulsory licence is granted under subsection (1) of 
this Section may obtain a compulsory licence to e xploit the other invention unless there are special 
reasons to the contrary. 
 Section 46 a  (30.6.2000/650)  
Where a breeder cannot acquire or exploit a plant variety right without infringing a prior patent, he 
may apply for a compulsory licence for non-exclusive use of the invention protected by the patent inasmuch as the licence is necessary for the exploitation of the plant variety to be protected, subject to 
payment of an appropriate royalty. Where such a li cence is granted, the holder of the patent will be 
entitled to a cross-licence on reasonable terms to use the protected variety. 
 Applicants for the licence referred to in subsection 1 above must demonstrate that they have applied 
unsuccessfully to the holder of the patent to obtain a contractual licence and that the plant variety 
constitutes significant technical progress of consid erable economic interest compared with the 
invention claimed in the patent.   Provisions concerning the right of a patent holder to obtain a compulsory licence for the exploitation of a plant variety protected by plant breeder's right  are laid down by the Act on Plant Breeders' Rights 
(No. 789/1992).  
 
Section 47  
In the event of considerable public interest, a pe rson who wishes to exploit commercially an invention 
for which another person holds a patent may obtain a compulsory licence to do so.  Section 48  
Any person who was commercially exploiting in this country an invention which is the subject of a 
patent application, at the time the application docum ents were made available under Section 22, shall, 
if the application results in a patent, be entitle d to a compulsory licence for such exploitation, 
provided there are special reasons for this and al so provided that he had no knowledge of the IP/N/1/FIN/P/14 
Page 20  
 
  application and could not reasona bly have obtained such knowledge. Such a right shall also be 
enjoyed, under corresponding conditions, by any pe rson who has made substa ntial preparations for 
commercial exploitation of the invention in this c ountry. Compulsory licences may also relate to the 
period of time preceding the grant of the patent.  
Section 49  (22.12.1995/1695)  
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 w ith the terms of the licence who, before filing a 
claim for a compulsory licence, has made a verifi able effort to obtain, on reasonable commercial 
terms, a licence to the patented invention. A compul sory licence shall not prevent the proprietor 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 party toge ther with the business in which it is exploited or 
was intended to be exploited.  
Section 50  
Compulsory licences shall be granted by a court of la w, which 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 substa ntial change in the circumstances, the court may, 
on request, revoke the licence or lay down new conditions.  
Chapter 7 
Termination of the Patent  
Section 51  (10.5.1985/387)  
If the renewal fee under Sections 40, 41 and 42 is no t paid, the patent shall lapse as from the start of 
the fee year for which th e fee has not been paid. 
 
Section 52  (6.6.1980/407)  
The court shall declare a patent invalid, in a relevant action:  (1) if the patent relates to an invention that does no t satisfy the requirements of Sections 1, 1 a, 1 b, 
or 2;  
(2) if the patent relates to an i nvention the description of which is not sufficiently clear to enable a 
person skilled in the art to carry out the invention;  (3) if the patent contains subject matter no t included in the application as filed; or  
(4) if the scope of protection was extended after the notice referred to in Section 19 (1) was given. 
(30.6.2000/650)  
 
In connection with the invalidation process of a pa tent, the patent holder may request the Court to 
limit the patent in accordance with the amended pate nt claims. The request for limitation shall be 
presented before the case is transferred to the main hearing. If the request for limitation is presented, 
the issue concerning it must be solved separatel y before continuing the invalidation process. The 
limitation must meet the require ments under Section 53b. If the Court approves the request for 
limitation, the patent limited in this manner sha ll make the basis for continuation of the process. A 
decision regarding the request for limitation may on ly be appealed against in connection with the 
Court decision concerning the action. (18.11.2005/896)   A patent may not be declared invalid on the grounds that the patentee was entitl ed to a specified part 
of it only.  
 Legal proceedings may also be instituted, with the exception laid down in subsection (5) of this 
Section, by any person who suffers prejudice on account  of the patent, or, where the common interest  IP/N/1/FIN/P/14 
 Page 21 
 
 
  is considered to require it, by a public authorit y appointed by the Government for reasons of public 
interest. (18.11.2005/896)   Proceedings instituted on the grounds that a patent h as 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 proprietor of the patent acted in good faith  at the time the patent was granted or assigned to 
him.  
 
Section 53  
Where a patent has been granted to a person ot her 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. Section 52 (5) sha ll apply with respect to the time li mit within which proceedings shall 
be instituted. (18.11.2005/896) 
 Where the person deprived of the patent had, in good faith, begun commerc ial exploitation of the 
invention in this country or had made substantial preparations for exploitation, he shall be entitled, 
against reasonable remuneration and on other reasonabl e terms, to continue the exploitation already 
begun or to commence the intended exploitation, pr ovided 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 subsection (2) of this Section may only be  transferred to third parties together with the 
business in which they are exploited or in which exploitation was planned.  
 
Section 53a  (18.11.2005/896)  
The holder of a patent may apply for the limitation of  the patent by filing a written request in respect 
of it to the Patent Authority. The request for limitation must contain:  (1) the name and address of the patent holder; 
(2) the registration number of the patent; 
(3) the limited patent claims, as well as the descrip tion and drawings, if they have been amended; 
(4) if the patent holder has appointed a representative, the name, domicile and address of the representative: and (5) the handling fee. 
 
If the provisions in subsection (1) are not complied w ith, the Patent Authority invites the applicant to 
remedy the deficiencies within a given time limit.  If the invitation is not complied with within the 
time limit given, the request will be rejected. The a pplicant is entitled to appeal from such decision. 
 If the opposition procedure has not been completed,  or an invalidation action under Section 52 is 
pending in Court, the request will not be admitted. Th e handling fee paid by the applicant is in this 
case returned to him or her.  If an opposition is filed against a patent or an acti on is brought for invalidatio n of the patent after a 
request for limitation but before the decision concerni ng the limitation gains legal force, the limitation 
procedure is terminated. 
 Section 53b  (18.11.2005/896)  
The condition for acceptance of a request  to limit a patent before a Patent Authority or a Court is that 
the patent to be limited in accordance with  the request meets the following conditions: IP/N/1/FIN/P/14 
Page 22  
 
  (1) the patent refers to an inve ntion which is presented with sufficient clarity for a person skilled in 
the art to use the invention; (2) the patent does not involve anything that does not appear from the application when it was filed; 
and (3) the scope of protection of the patent has not been extended from the scope of protection of the 
patent granted or from the previously ta ken decision of the scope of protection. 
 Section 53c  (18.11.2005/896)  
If a patent holder has requested from the European Patent Office the limitation of the patent in 
accordance with article 105 a of the European Pate nt Convention (Finnish Treaty Series 8/1996), the 
Patent Authority shall postpone the processing of  the request for limitation under 53a(1) until the 
European Patent Convention has taken a final decision in the matter.  If the patent holder has requested from the European Patent Office the termination of the patent in 
accordance with Article 105 a of the European Patent  Convention, the Patent Authority must postpone 
the handling of the cancellation procedure under Sect ion 54 until the European Patent Convention has 
taken a final decision in the matter.  If the patent has been seized or a dispute is pending on the transfer of the patent, the Patent Authority 
must postpone the handling of the request unde r 53a(1) and the notice under Section 54 until the 
seizure has lapsed or a final decision has been ta ken on the dispute concerning the transfer of the 
patent. 
 Section 53d  (18.11.2005/896)  
If the Patent Authority considers that there is an obstacle to the approval of the request under 53a(1), 
the patent holder must be provided an opportunity to  give his statement in the matter. If the Patent 
Authority, notwithstanding the statement, considers that the request cannot be granted, the statement 
must be refused and the patent remained in for ce in a non-amended form. The patent holder is entitled 
to appeal from the final decision of the Patent Authority, if the decision is against him.   If the Patent Authority considers that there is no obstacle to the grant of a request under 53a(1), the 
patent shall be limited in accordance with the re quest. A public notice in accordance with Section 55 
must be given of the decision to approve the limita tion. The Patent Authority must, from the date of 
giving public notice, keep available to the public the amended patent publication, which contains the 
description of the limited patent, drawings, if any, and the limited patent claims as well as an announcement of the patent holder. The Patent Authority  must see to it that the limited patent claims 
are, where necessary, available in both Finnish and Swedish. The applicant must pay an established 
translation fee. 
 Section 53e  (18.11.2005/896)  
The legally valid decision under 53d(2) concerning th e approval of the limitation taken by the Patent 
Authority and the legally valid decision under 53d(2) to  limit the patent, taken by the Court, will be in 
force as from the filing date of the patent application. 
 
Section 53f  (18.11.2005/893)  
If the patent holder withdraws the request for limitation under section 53a (1), the limitation 
procedure will be discontinued finally starting from the said date. The request for limitation may not 
be cancelled once the final decision to approve the limitation has been taken. 
 
Section 54  
Where the proprietor of a patent surrenders his pa tent in writing to the Patent Authority, that 
Authority shall declare the patent to be terminated in its entirety. The patent will be considered to  IP/N/1/FIN/P/14 
 Page 23 
 
 
  have expired as from the filing date of the patent ap plication. The patent holder is entitled to appeal 
from the final decision taken by the Patent Authority, if the decision is against him.  (18.11.2005/896)  Where a patent is in distraint or if a litigation is pe nding on the transfer of a patent, the patent may not 
be declared terminated while the distraint is eff ective or before a final decision is given in the 
proceedings. The same shall apply if a pledge has been recorded in the Patent Register.  
 Section 55  (18.11.2005/896)  
Where a patent has lapsed, expired or been limited,  or when it has been declared invalid by a final 
court decision, or been transferred, the Patent Au thority shall publish an announcement of that fact. 
 
Chapter 8 
Obligation to Provide Information 
 
Section 56  
An applicant who invokes his patent application ag ainst another person before the documents in the 
application file have become available under Secti on 22 shall be required, on request, to allow such 
person to have access to the documents. If the pate nt application includes the deposit of a biological 
material under Section 8a, such consent shall also in clude the right to obtain a sample of the deposit. 
The second and third sentences of subsection (6) and s ubsections (7) and (8) of Section 22 shall apply 
in the event of a person wishing to obtain a samp le on the basis of such consent. (30.6.2000/650) 
 Any person who indicates in addressing himself direc tly 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 num ber 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 circ umstances 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  
Section 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 a violation of a patent right.   Indictment for this offence may only be brought by the Public Prosecutor at the request of the injured 
party.  
 Section 57a  (22.12.1995/1695) 
If a patent has been granted for a process for obt aining a product, any identical product produced 
without the consent of the proprietor of the patent shall, in the absence of proof to the contrary, be 
deemed to have been obtained by the patented pro cess. In the adduction of proof to the contrary, the 
legitimate interests of defendants in protecting th eir manufacturing and business secrets shall be taken 
into account.  IP/N/1/FIN/P/14 
Page 24  
 
  Section 57b  (21.7.2006/684)  
When hearing an action referred to in Section 57( 1) the court may at the patent holder's request 
prohibit the keeper of a transmitter, server or othe r similar device or other service provider acting as 
an intermediary, under penalty of a fine, from co ntinuing the use alleged to infringe the patent 
(injunction order) unless it can be considered dispr oportionate in view of the rights of the alleged 
infringer of the patent or in view of the ri ghts of the intermediary or patent holder.  
 Before the bringing of an action referred to in S ection 57(1) the court referred to in that subsection 
may, at the patent holder's request, issue an inj unction, if the preconditions for that set out in 
subsection 1 exist and if it is obvious that the rea lisation of the patent holder's rights otherwise would 
be seriously endangered. The court must provide bo th for the party against whom the injunction is 
sought and for the party who is claimed to infri nge the patent an opportunity to be heard. 
Communications to the parties against whom the in junctions have been sough t may be delivered by 
mail or by facsimile or e-mail. Otherwise the pr ovisions of Chapter 8 of the Code of Judicial 
Procedure apply to the processing of the case. 
 
The court may, on request, issue the injunction re ferred 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 otherw ise. After the injunction is issued, the alleged 
infringer must without delay be pr ovided an opportunity to be heard. When the alleged infringer has 
been heard, the court must decide without delay wh ether to keep the injunction in force or withdraw 
it.  
 An injunction issued under this section must not endang er the right of a third party to send and receive 
messages. Subject to the provisions of Chapter 7, se ction 7, of the Code of Judicial Procedure, the 
injunction comes into force when the plaintiff giv es the bailiff the security referred to in Chapter 7, 
Section 16, of the Execution Act (37/1895). An inju nction issued under subsection (2) or (3) of this 
Section lapses if the action referred to in sec tion 57(1) is not brought within a month from the 
issuance of the injunction.  The party who has demanded the injunction must comp ensate the party against whom the injunction is 
issued as well as the alleged infringer for the dama ge caused by the implementation of the injunction 
and for any other costs resulting from the case if the ac tion referred to in Section 57(1) 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 sub section (4). When an action is brought for 
compensation for damage and costs, the provisions of Chapter 7, Section 12, of the Code of Judicial 
Procedure apply. 
 
Section 58  
Any person who intentionally or negligently infri nges a patent shall be liable to pay reasonable 
compensation for the exploitation of the inventio n and damages for other injury caused by the 
infringement. 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 
compensation for the exploitation of the inventio n if and to the extent held reasonable.  
 Compensation proceedings for patent infringement sh all only refer to damage during the last five 
years prior to institution of proceedings. The right to compensation for damage suffered prior to that 
period shall lapse.    IP/N/1/FIN/P/14 
 Page 25 
 
 
  Section 59  
At the request of the party injured by patent infri ngement, the court may order, to the extent deemed 
reasonable for the prevention of further infringement , that patented products manufactured without the 
consent of the proprietor of the patent, or object s 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 an yone who 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 subsection (1) 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 pr ovisions on seizure in the Coerci ve Criminal Investigation Means 
Act shall apply. (21.4.1995/717)   Notwithstanding the provisions of subsection (1), the court may order, on request, if there are special 
reasons for this, that the holders of objects referred to  in subsection (1) 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.   Section 60  (21.3.1997/243) 
Where any person commercially exploits an inventi on which is the subject 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 a 
patent has been granted under Section 20, protecti on shall extend only to the subject matter disclosed 
both in the claims as worded when the application became available to the public and in the claims 
according to the patent. There shall be no liab ility to punishment, and damages arising from 
exploitation prior to the granting of the patent ma y be assessed only on the basis of Section 58 (2). 
 The provisions of section 58(3) concerning damages do not apply if action for compensation is brought within one year of the period for lodging  an opposition concerning the patent or, if an 
opposition has been lodged, within a year from the da te of a final decision to maintain the patent. 
(18.11.2005/896) 
 
Section 60a  (21.7.2006/684)  
In a dispute that concerns an infringement of a patent  the court may, at the plaintiff's request, order the 
defendant to compensate the plaintiff for the co st occurred to him/her for publishing, by taking 
suitable measures, information concerning the final d ecision in which the defendant is found to have 
infringed the patent right. Such an order may not be  given if the dissemination of the information is 
limited elsewhere in the law. In considering the issu ance and contents of the order, the court must pay 
attention to the general significance of the publi cation of the issue, the kind and scope of the 
infringement, the costs involved in the pub lishing process and other corresponding facts.  
 The court lays down a maximum amount for the r easonable 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 61 
If a patent has been revoked by a final decision or de clared invalid by a final decision, no punishment, 
compensation or other sanction laid down in Secti on 57, 57 a, 57 b, 58-60 or 60 a may be imposed. 
(21.7.2006/684)   IP/N/1/FIN/P/14 
Page 26  
 
  Where the defendant in infringement proceedings clai ms that the patent is invalid, the court may, at 
the defendant's request, stay proceedings until valid ity has been determined. Where no such action has 
been brought by the defendant the court shall order hi m, in connection with the stay of proceedings, to 
bring such action within a period of time it shall determine.   
In a case concerning invalidation of a patent, the cour t may, at its discretion, postpone the taking of a 
decision on a principal claim referred to in Section 1 of Chapter 24 of the Procedural Code if the action has been brought in a competent court befo re the expiry of the time limit for lodging an 
opposition after the grant of the patent or before a final decision has been issued on the opposition. 
(21.3.1997/243)  
 
Section 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 who, in the instances desc ribed in Section 56, provides incorrect information shall also be 
sentenced to the same penalty, unless the o ffence is punishable under the Penal Code.  
 Indictment for an offence referred to in this Sec tion may be brought by the Public Prosecutor only at 
the request of the injured party.   Section 63  
The proprietor 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 whether he enjoys protection against 
other parties on the basis of the patent in the even t 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 proprietor of the patent to obtain a declaratory judgment to 
determine whether the patent constitu tes an obstacle to such activity.  
 If it is claimed, under an action brought pursuant to s ubsection (1) above, that the patent is invalid, the 
second subsection of Section 61 shall apply mutatis mutandis.  
 
Section 64  
Any person who wishes to bring an action for invalidati on of a patent, transfer of a patent or grant of a 
compulsory licence shall advise the Patent Authorit y thereof and shall notify all persons recorded in 
the Patent Register as licensees or pledgees ther eof. If a licensee wishes to bring an action for 
infringement or for a declaratory judgment under Section 63 (1), he shall notify the proprietor of the 
patent thereof.  The requirement to notify pursuant to subsection (1) shall be deemed satisfied when notification by 
registered letter has been sent to the a ddresses recorded in the Patent Register.  
 
If it cannot be shown, at the time the action is br ought, that advice or notification has been effected 
pursuant to subsection (1), the plaintiff shall be gi ven a time limit to do so. If such time limit is 
exceeded, the action shall not be heard.   
Section 65  
The District Court of Helsinki shall be co mpetent to hear proceedings in respect of: 
(22.12.1995/1695)  (1) proper title to the invention for which a patent is sought;   IP/N/1/FIN/P/14 
 Page 27 
 
 
  (2) the invalidation of the patent, limitation of a pa tent in connection with the processing of an action 
concerning the invalidation of the patent or th e transfer of the patent (18.11.2005/896);  
(3) grant of a compulsory licence, determination of  new conditions for or revocation of such licence 
or rights under Section 53 (2);  (4) infringement;  
(5) declaratory judgments pursuant to Section 63; or  
(6) assessment of compensation under Section 75.   In addition to the cases provided in subsection (1), the District Court of Helsinki shall also be 
competent in matters concerning the right to an invention for which a European patent under the 
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 to 
the dispute have agreed that the District Cour t of Helsinki shall be competent in the case. 
(22.12.1995/1695)  
 A dispute referred to in subsection (1) may not be hear d by the District Court of Helsinki if the same 
dispute between the same parties is pending before th e court of another country that is party to the 
European Patent Convention. If the competence of su ch 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 upon by the foreign Court. (22.12.1995/1695)  
 Section 65 a  (22.12.1995/1695)  
A final decision taken by a court of a Contracti ng State of the European Patent Convention in a 
dispute referred to in Section 65 (2) is enforceable in Finland. A court decision passed on the 
applicant for a European patent, is not, however, en forceable 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.  
Section 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.  
Section 67 
The District Court shall appoint an appropriate numbe r of experts as referred to in Section 66 for each 
calendar year. Before making the appointments, the Court shall request the opinion of the Technical 
Research Centre of Finland. Such appointment ma y not be refused without statutory justification. 
(21.3.1997/243)  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 with compensation for travelling expenses as prescribed by the Government.  
 
Section 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.  IP/N/1/FIN/P/14 
Page 28  
 
  Where the Court has granted an injunction or orde red seizure under subsection (1) above, the plaintiff 
may be required to provide such security as the C ourt 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 th e lifting of such measures during the course of the 
proceedings may be sought by separate appeal.  
 
Section 69  
In proceedings for invalidation of a patent, the Cour t 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.   
Section 70  
Copies of decisions under Section 65 shall be communicated by the court to the Patent Authority with a statement as to whether the decision has become final. 
 
Chapter 9 a 
Supplementary Protection Certificates 
(21.3.1997/243) 
 
Section 70 a  (21.3.1997/243)  
Provisions on Supplementary Protection Certifi cates are given in the Council Regulation (EEC) 
No 1768/92 providing for the creation of a supplemen tary protection certificate for medicinal products 
and in the European Parliament and Council Regul ation (EC) No 1610/96 concerning the adoption of 
a supplementary protection certificate for plant protec tion products. In addition, the provisions of this 
Chapter shall apply in respect of supplementary protection certificates. 
 Section 70 b  (28.6.1994/593) 
Applications for supplementary protection certific ates shall be filed with the National Board of 
Patents and Registration of Finland.  
Section 70 c  (28.6.1994/593)  
The applicant shall pay the prescribed application f ee. The proprietor of the certificate shall pay the 
prescribed renewal fee for the supplementary protection certificate.  Section 70 d  (28.6.1994/593)  
Provisions concerning infringement of patent right s apply to infringement of rights conferred by a 
supplementary protection certificate.  Section 70 e  (28.6.1994/593)  
More specific regulations concerning implementati on of the provisions of this Chapter and the 
procedure to be followed in applying for and gr anting supplementary protection certificates may be 
decreed by the Government. 
 
Chapter 9 b 
European Patent and Application for European Patent 
(22.12.1995/1695)  
Section 70 f  (22.12.1995/1695)  
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 Conventio n. A European patent application is a patent 
application filed under said Convention.  IP/N/1/FIN/P/14 
 Page 29 
 
 
  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 applications relating to i nventions 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 referre d to in Article 76 of said Convention (European 
divisional applications) shall always be f iled with the European Patent Office.  
 The provisions of this Chapter shall apply to Eur opean patents and European patent applications 
designating Finland.  
 Section 70 g  (22.12.1995/1695)  
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.  Section 70 h  (22.12.1995/1695)  
A European patent has effect in this country only if the applicant or patent proprietor has supplied, 
within the prescribed period, to the Patent Author ity a translation into Finnish of the documents 
forming the basis for granting the patent, and within  the same period has paid the prescribed fee for 
printing the translation, as stipulated in more detail by decree. If the applicant's or patent proprietor's 
own language is Swedish, the translation may, howev er, be filed in Swedish. If the European Patent 
Office rules that a European patent shall be mainta ined with amended wording this shall also apply 
with respect to the amended documents. 
 
The translation shall be available to anyone, provid ed 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 allow 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, av ailable both in Finnish and Swedish.  
 
Section 70 i  (22.12.1995/1695)  
The provisions of Section 71a(1) correspondingly appl y to filing of a translation under Section 70h(1) 
and payment of a fee for printing the translation. If it is decided under Section 71a(1) that the act shall 
be deemed to have been completed within the prescr ibed time limit, the Patent Authority shall without 
delay make an announcement to that effect both in Finnish and Swedish. 
 
If anyone, after the time limit according to Secti on 70h(1) has expired but before the announcement 
according to subsection (1)above has been published,  has in good faith begun to use the invention 
commercially in this country or has made substantia l preparations therefor, he shall enjoy the right 
provided in Section 71c( 2) and (3).   
Section 70 j  (22.12.1995/1695)  
The provisions of Section 52(1)(4), 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.  IP/N/1/FIN/P/14 
Page 30  
 
  Section 70 k  (22.12.1995/1695)  
If the European Patent Office has revoked a European pa tent 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 annou nce the revocation both in Finnish and Swedish. 
 
Section 70 l  (22.12.1995/1695)  
Prescribed renewal 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 a renewal fee for a European patent is not paid  according to the provisions in subsection (1) above 
and Section 41, Section 51 applies correspondingly.  The first renewal fee is not, however, due for 
payment until the last day of the third month following the month the patent was granted. (18.11.2005/896)  Section 70 m  (22.12.1995/1695)  
A European patent application which has been acco rded a filing date by the European Patent Office 
has the same effect in this c ountry as a Finnish patent application filed on the same date. If the 
application under the European Patent Convention en joys priority from a date earlier than the filing 
date, such priority also has effect in Finland. (18.11.2005/896)  For the purposes of Section 2(2), the publication of a European patent application pursuant to 
Article 93 of the European Patent Convention sha ll be equivalent to the application becoming 
available to the public pursuant to Section 22. This  shall also apply to publication referred to in 
Article 153(3) of the Convention, if said publicatio n is ruled by the European Patent Office to be 
equivalent to publication pursuant to Article 93. (18.11.2005/896)  
Section 70 n  (22.12.1995/1695)  
If a European patent application has been pub lished under Article 93 of the European Patent 
Convention and a translation into Finnish of the pa tent claims as worded when published has been 
filed with the Patent Authority, the Patent Author ity 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, av ailable to the public in  Finnish and Swedish. 
 If anyone uses an invention commercially for which pa tent protection is sought by a European patent 
application after the announcemen t under subsection (1) has been made, the provisions concerning 
patent infringement apply correspondingly if the application results in a patent for Finland. In such 
case, however, the patent protection only extends to th at revealed in both the patent claims as worded 
when published and the claims according to the pa tent. Punishment cannot be imposed in this case 
and damages for such use may only be de termined under section 58(2). (18.11.2005/896) 
 The provisions of Section 58 (3) shall not apply if  the action for compensation is brought within one 
year after the period for opposition against the pate nt has expired or, if opposition has been lodged, 
within one year after the decision by the Eur opean Patent Office to maintain the patent.  
 Section 70 o  (22.12.1995/1695) 
If a European patent application or request that such application shall designate Finland has been 
withdrawn, this shall have the same effect as wit hdrawal of a national patent application. The same 
shall apply in respect of a situation where an a pplication under the European Patent Convention shall 
be deemed to have been withdrawn and where processing of the application has not been resumed pursuant to Article 121 of the Convention.   IP/N/1/FIN/P/14 
 Page 31 
 
 
  If a European patent application has been rejected, this shall have the same effect as rejection of a 
national patent application.   Section 70 p  (22.12.1995/1695) 
If the translation referred to in Section 70h or 70n does not coincide with the wording 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.  
 
Section 70 q  (22.12.1995/1695)  
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 pr escribed 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 translati on is available to anyone, the Patent Authority shall 
without delay announce said correction in Finnish an d Swedish 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 th e announcement the corrected translation shall apply 
in place of the original translation.   If anyone, before the corrected translation became va lid, has, in good faith, begun to use the invention 
commercially in this country in a manner which acco rding to the earlier translation did not constitute 
infringement of the right of the applicant or of th e proprietor of the patent, or has made substantial 
preparations therefor, he shall enjoy the ri ght specified in Section 71c (2) and (3).  
 Section 70 r  (22.12.1995/1695)  
If the applicant or the proprietor of a patent h as failed to observe the time limit prescribed in the 
European Patent Convention, but the European Pate nt Office, nevertheless, under Article 122 declares 
that no loss of right has ensued, this sha ll 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 subsecti on (1), began, in good faith, to use the invention 
commercially in this country or made substantial preparations therefor, he shall enjoy the right 
specified in Section 71c (2) and (3).  
 Section 70 s  (22.12.1995/1695) 
If a European patent application which has been file d 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 a pplication, at the request of the applicant, the 
Patent Authority shall take up the application as converted to a national application, provided: 
 (1) that the request is filed with the authority which received the patent application within three 
months from when the applicant was notified by the European Patent Office that the application was 
deemed withdrawn;  
(2) that the request is received by the Finnish Pa tent Authority within 20 months from the date of 
filing of the application or, if priority is claime d, the day from which priority is claimed; and  
(3) the applicant pays, within the prescribed tim e limit, the prescribed application fee and files a 
translation, pursuant to Section 8( 5), of the patent application.  
 IP/N/1/FIN/P/14 
Page 32  
 
  If a European patent application shall be deemed to  be withdrawn because the European Patent Office 
did not receive the translation in the language of th e proceedings within the prescribed time limit, at 
the request of the applicant, the Patent Authority shall take up the application as converted into an 
application for a national patent, in compliance wi th the provisions of Article 135 of the European 
Patent Convention. The applicant shall also pay the prescribed application fee and file the translation 
of the patent application according to Section 8 (5 ) within the prescribed time limit. (18.11.2005/896) 
 If the patent application referred to in subsections (1) and (2) above 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.  
 
Section 70 t  (18.11.2005/896)  
A request made in accordance with  Article 105 a of the European Patent Convention to limit or 
revoke a European patent shall be ma de to the European Patent Office. 
 
Where the European Patent Office has made an announcement of the limitation of the patent, the 
patent holder shall, within a time limit to be laid down by Government decree, file a translation of the 
documents forming the basis for the limitation in the language in which the original patent was 
validated in Finland, and pay the established fee for publication of the translation as more specifically 
decreed by the Government. The Patent Authority sh all without delay make an announcement of this 
in both Finnish and Swedish and keep copies of th e translation available to the public. The Patent 
Authority shall see to that the limited patent claims  of the European patent are, where necessary, 
available in both Finnish and Swedish.  If the patent holder does not comply with the provisions of subsection (2), the patent shall be deemed not to be valid in Finland as from the filing date of the patent application. The patent authority shall 
publish an announcement of the invalidity of the patent. 
 Where the European Patent Office has published an  announcement of the cancellation of the patent, 
the Patent Authority shall publish an announcem ent of the cancellation in the Patent Gazette. 
 A patent limited or cancelled by the European Patent  Office shall in this country enjoy the same legal 
effect as a nationally limited or cancelled patent, unless otherwise provided for in this Chapter. 
 Section 70 u  (18.11.2005/896)  
If a person has in good faith began to commercially ex ploit an invention in this country or taken 
essential measures for that purpose after the decision taken by the Board of Appeal of the European 
Patent Office, but before the publication of the de cision of the enlarged Board of Appeal of the 
European Patent Office, that person may, despite the patent, continue the use while retaining its 
general character.  The right referred to in subsection (1) above may be  transferred to another only together with the 
business where it has been created or wher e the exploitation is meant to occur. 
 
Chapter 10 
Special Provisions 
 
Section 71  
The proprietor of a patent who is not domiciled in Finland shall be required to appoint a representative 
residing in the European Economic Area 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 summon ses to appear personally before a court. The name  IP/N/1/FIN/P/14 
 Page 33 
 
 
  of the representative appointed shall be communi cated for recording in the Patent Register. 
(30.6.2000/650)   If the proprietor of a patent has not appointed  a representative pursuant to subsection (1)above, 
notification can be effected by sending the document to be served to him by registered mail to his 
address as recorded in the Patent Register. If no address is recorded in the Register, notification can be 
effected by announcement in the patent gazette. Notif ication shall be deemed to have been effected 
when the procedure described herein ha s been completed. (21.3.1997/243)  
 Subject to reciprocity, the Government may decree that the subsections (1) and (2) above shall not 
apply to the proprietor of a patent domiciled in a sp ecified foreign country, or to the proprietor of a 
patent having a representative domiciled in such c ountry, provided the name of the representative is 
communicated for recording in the Patent Register  of Finland and is authorized as prescribed in 
subsection (1) above.   
If it has not been possible to notify the person who has filed an opposition of a decision concerning 
the opposition at the address he has furnished, notifi cation may be effected by announcement in the 
patent gazette. Notification shall be deemed to ha ve been effected when the procedure described 
herein has been completed. (21.3.1997/243)   Section 71 a  (10.5.1985/387) 
If a patent applicant or the proprietor of a patent , in a case other than the one referred to in 
subsection (2), has suffered loss of rights because he  or she has not taken action before the Patent 
Authority within the time limit laid down in this Act or its Regulations, but has taken all due care 
required by the circumstances to observe the time li mit, and if that person takes such action within 
two months of the time at which the cause of his or her non-compliance ceases – and in any event not 
later than one year after expiration of the time-limit – the Patent Authority must declare that the act is 
to be deemed to have been done within the prescribed time limit. If the applicant or the proprietor of a 
patent wishes to obtain such declaration, the a pplicant or the proprietor must inform the Patent 
Authority about it in writing within the time limi ts laid down for taking the action, and pay the 
prescribed fee. (18.11.2005/896)  
If a patent applicant has suffered loss of rights in the observation of the time  limit under Section 6(1), 
the provisions of subsection (1) w ill apply, provided that the request  is filed and the prescribed fee 
paid not later than within two months from the time limit prescribed in sec tion 6(1). (18. 11.2005/896) 
 Subsections (1) and (2) of this section also apply to international applica tions which have been 
pursued 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 WIPO. Failure to observe that  time limit must then be remedied at the Patent 
Authority. (18.11.2005/896)  However, a request filed in accordance with the prov isions of subsection (1), (2) or (3) may not be 
refused, nor may its admittance be refused, until the pa tent applicant or proprietor has been given an 
opportunity to file his or her comments in the time limit laid down by the Patent Authority. (18.11.2005/896)  Section 71 b  (6.6.1980/407)  
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 prescr ibed time limit, but where the applicant performs 
the required act within two months of the time at wh ich he realized or should have realized that the 
time limit has been exceeded, but in no event later th an one year after expiration of the time limit, the IP/N/1/FIN/P/14 
Page 34  
 
  Patent Authority shall declare that the act is to be deemed to have been done within the prescribed 
time limit:  (1) if the postal service was interrupted at any time during the 10 days preceding the time limit on account of war, revolution, civil disorder, strike, na tural disaster or other like reason in the locality in 
which the sender was staying or carrying on busin ess, and the document or fee was 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 s ubsection (1) above, he shall advise the Patent 
Authority in writing to that effect within the time limit for taking the action laid down in that 
subsection.  
 Section 71 c  (6.6.1980/407)  
If a request under Section 71a or 71b is granted a nd if, as a result, the examination of a patent 
application that has been dismissed or rejected af ter becoming available to the public under Section 22 
is resumed or a lapsed patent is reinstated, an announcement to that effect shall be made. 
 
Any person who in good faith has begun to exploit an invention commercially in this country after 
expiration of the time limit for reinstating a dismisse d application or after a rejection has become final 
or a patent has lapsed, but before such announcemen t is made, may nevertheless continue to exploit 
the invention provided he maintains the general natu re of the exploitation. The right to exploit an 
invention shall be granted, on the same conditions, to anyone who h as made substantial preparations 
for such exploitation in this country.   The right under subsection (2) above may only be tr ansferred to another person together with the 
business in which it originated or in which e xploitation of the inve ntion was intended.  
 
Section 72  ((21.3.1997/243) 
Appeals from final decisions by the Patent Authorit y under this Act, other than those referred to in 
Section 26, and appeals from decisions pursuant to Sections 42, 53a(2), 53d(1), 54(1) and 71a and 71b, shall be lodged with the Board of Appeal  of the National Board of Patents and Registration 
of Finland. Separate provisions apply to the appeal  procedure and the proceedings before the Board of 
Appeal. (18.11.2005/896) 
 Section 73  (13.11.1992/1034) 
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 renewal 
fees. 
 
Section 74  
Further provisions concerning patent applications , announcements in respect of patent matters, 
printing of the application documents, opposition pr oceedings, limitation procedures before the Patent 
Authority, termination procedures, the Patent Regist er and its maintenance, and the Patent Authority 
shall be decreed by the Government. (18.11.2005/896)  
 The Government may decree that the Patent Authority  be entitled to divulge, at the request of the 
authorities of another country, details  of the processing of patent appli cations in this country and that  IP/N/1/FIN/P/14 
 Page 35 
 
 
  the authorities of another country or an internatio nal institution may, at the request of the Patent 
Authority, undertake the examination of patent applications. (18.11.2005/896) 
 The Government may also decree that an applicant seeking a patent in respect of an invention for 
which an application has been filed in another c ountry or with an international organization shall 
disclose information given to him by the authorities of such other country or by the international 
organization regarding the examina tion of his invention as to patentability. No such disclosure shall 
be required, however, for an application under Chapter 3 if it has been the subject of an international 
preliminary examination and the report on the patent ability of the invention h as been received by the 
Patent Authority. (18.11.2005/896) 
 
Section 75 
If the country is at war or in danger of war, the Government may decree, where required by the public 
interest, that the right to a given invention sha ll be surrendered to the State or to another party 
designated by the Government. Reasonable compensati on shall be paid for the right to the invention 
thus surrendered. If no agreement is  reached on compensation with th e party entitled to compensation, 
the court shall determine the compensation.  Where a party other than the State has availed it self of the right to an invention pursuant to 
subsection (1) above and if such party does not fulfi ll its obligations with regard to compensation, the 
State shall pay the compensation without delay on request by the party entitled to compensation.  
 
Section 76  
Special regulations shall apply to inventions of importance to the defense of the country. 
 
Transitional provisions 
 
This Act shall come into force on 1 April 1997. (243/97)  A patent application which has been approved for being laid open for public inspection before the 
entry into force of this Act, sh all be processed and decided on in accordance with the provisions in 
force before the entry into force of this Act. 
 
The provisions of Section 14 of the Patents Act sh all apply to a patent app lication filed before the 
entry into force of this Act.  This Act shall come into force on 15 July 2000.(650/2000) 
 
The provisions of Sections 3 b and 46 a shall apply to  a patent application filed or deemed to have 
been filed before the entry into force of this Act and to a patent granted on the basis of such 
application.  This Act shall come into force on 1 January 2005. (990/2004) 
 
The Act also applies to the pursued internati onal applications for which the 20-month period 
calculated from the date of priority ends on the date of  entry into force of the Act or thereafter and in 
respect of which the applicant has not yet pursued his international application for Finland.  
This Act shall come into force on 6 March 2006 (896/2005) 
 Sections 8b and 8c apply to patent applications filed or deemed to have been filed on or after the entry 
into force of this Act.  IP/N/1/FIN/P/14 
Page 36  
 
  Sections 41(2) and 70 l(2) apply to a renewal fee fa lling due on or after the entry into force of this 
Act.  The provisions of section 60(2) only apply to final decisions taken after the entry into force of this 
Act. 
 
If the six-month time limit for reinstatement of loss of  rights has expired before the entry into force of 
this Act, the provisions of section 71a(2) effective at th e entry into force of this Act continue to apply. 
 Section 71a(2) applies to patent applications that are pending at the entry into force of this Act, unless 
the time limit for reinstatement of loss of rights already has expired. 
 Act 684/2006 comes into force on 1 September 2006.  Sections 57 b and 61 of this Act also apply to dis putes that have been pending before the entry into 
force of this Act. In so far as section 61 deals with  applying section 60 a, the section is nevertheless 
applied in the manner laid down in subsection 3 concerning the application of section 60 a. 
 The provisions applicable at the en try into force of this Act apply to disputes pending before the entry 
into force of this Act, instead of the provisions of section 60 a of this Act.   
 
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