WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/FIN/P/10 
9 February 2007 
 (07-0596) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND
 
  The   present   document   reproduces    the   consolidated   text
1  of  the  Utility Model  
Decree 5.12.1991/1419 as amended up to 1996/119 incl ., notified by Finland under Article 63.2 of the 
Agreement (see document IP/N/1/FIN/2).  
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 actualisé
1 du Décret 5.12.1991/1419 sur les modèles 
d'utilité, modifié jusqu'en 1996 (1996/119) inclusiv ement, notifié par la Finlande au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/1/FIN/2). 
 
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 texto1 refundido del Decreto sobre Modelos de 
Utilidad N° 5.12.1991/1419 y sus modificaciones hasta 1996 (1996/119) inclusive, notificado por 
Finlandia en virtud de lo dispuesto en el párra fo 2 del artículo 63 del Acuerdo (véase el documento 
IP/N/1/FIN/2). 
 
                                                      
1 In English only. The text is available for co nsultation by interested Delegations at the WTO 
Secretariat in Finnish and Swedish./En anglais seulement.  Les délégations intéressées peuvent consulter le texte 
en finnois et suédois au Secrétariat de l'OMC./En inglés solamente.  Las delegaciones interesadas podrán consultar en la Secretaría de la OMC el texto en finlandés y sueco. 
 IP/N/1/FIN/P/10 
Page 2  
 
  Utility Model decree 5.12.1991/1419 (Unofficial translation) 
 
(Amendments up to 1996/119 included) 
 
Utility Model Applications a nd Record of Applications 
 
 
Section 1 
 
A utility model application consists of  an application document and accompanying 
documents.  The provisions in this Decree concerning utility model applic ations shall only apply, unless 
otherwise specified, to:  (1) Finnish utility model applications; 
 (2) international u tility model applications  pursued in Finland unde r Section 45d of the Act 
on Utility Model Rights or accepted for examination under Section 38 of the Patents Act (No 550/67); and  (3) European patent applications converte d into national utilit y model applications. 
 
Section 2 
 
The application document shall be signed by the applicant or his representative and shall 
state:  1) the name, domicile and addr ess of the applicant and, if the applicant has appointed a 
representative, the name, domicile and address of the representative; 
 2) the name and address of the inventor;  3) a concise and factual title for the invention to which the utility model application relates; 
 4) a statement as to whether pr iority under Section 5 of the Act on Utility Model Rights (800 
/91) is claimed;  5) where registration of a utility model is ap plied for by several pers ons jointly, a statement 
as to whether one of such pe rsons is entitled to receive co mmunications from the Registering 
Authority on behalf of all applicants;  6) a statement as to whether the applicant requests for an ex amination under Section 12 of the 
Act on Utility Model Rights;  7) a statement as to whether the applicant reque sts a postponement of the registration of the 
utility model under Section 18 of the Act on Utility Model Rights; 
  IP/N/1/FIN/P/10 
 Page 3 
 
 
  8) where the application include s the deposit of a culture of a microorganism, a statement 
corresponding to the statement under Sect ion 17b of the Patents Decree; and 
 9) a list of the documents accompanying the application document.  
Section 3 
 
The following documents shall acco mpany the application document: 
 1) a description of the invention together with a picture or pictur es to illustrate  the invention, 
and one or more claims;  2) if the applicant has appointed a representati ve, a power of attorney for the representative; 
 3) if the invention has been made by someone other than the applicant, a deed establishing 
the applicant’s title to the invention  4) a receipt for the payment of the registration fee;  5) where an examination under Section 12 of the Act on Utility Model Rights has been requested, a receipt for the paym ent of the examination fee. 
 
Section 4 
 
If the document is not  written in one of th e languages laid down by th e first paragraph of 
Section 7 of the Act on Utility Model Rights, the applicant shall also submit to the Registering Authority a translat ion of the document into Finnish or Swedish. For a document 
other than a description or claim, the Regist ering Authority may waive the requirement for a 
translation or may accept a translation into a language other than Finnish or Swedish. 
 
Section 5 
 
Where a utility model application is made by  converting from a patent application, the 
applicant shall in connection with the appl ication state the date on which the patent 
application forming the basis of the application was made or is deemed to have been made, 
and the number of the patent application. The documents required, however excluding the 
description, claim, and copies  of pictures, are transferred ex officio from the patent 
application to a utility mode l application of this kind. 
 A request for the postponement of registration under Section 18 of the Act on Utility Model 
Rights shall be filed in connection with the f iling of the utility model application. A request 
filed subsequently sh all not be granted. 
 
Section 5 a 
 
The provisions of Sections 52r and 52s of the Patents Decree shall mutatis mutandis apply to 
the conversion of a European patent applica tion into a national utility model application 
under Section 8a of the Act on Utility Model Rights. The provi sions of the second paragraph IP/N/1/FIN/P/10 
Page 4  
 
  of Section 7 of the Act on Utility Model Rights shall mutatis mutandis apply to the 
application fee.  
Section 6 
 
The Registering Authority shall enter on the utility model applic ation the application number 
and the date on which it was receiv ed at the Registering Authority. 
 
Section 7 
 
The Registering Authority shall keep a record  of utility model applications received. The 
application is entered in the record on payment of the registration fee.  The record shall be 
accessible to the public.  The following particulars shall be recorded for each application: 
 1) the date on which the application wa s received and the application number; 
 2) the classes according to the International Pate nt Classification assigned to the application; 
 3) the name, domicile and address of the applicant; 
 4) where the applicant has appointed a represen tative, the name, domicile and address of the 
representative;  5) the name and address of the inventor;  6) the title of the invention;  7) where the application results from conversion of a previously  filed patent application, the 
date on which the patent application was f iled or is deemed to have been filed; 
 8) if the priority of an earlier  application is claimed, the count ry where the earlier application 
given as the basis for the priority was filed, the filing date and serial number of that application;  9) a statement as to whether the application is a Finnish application or an international application or a European pate nt application converted into a utility model application; 
 10) if the application is  an international application, the internationa l filing date and the date 
on which he application was pursued under Sect ion 45d of the Act on Utitily Model Rights or 
was filed under Section 38 of th e Patents Act, and the interna tional application number; 10 a) 
if the application has been converted from a European patent applic ation into a national 
application, the filing date in  accordance with the European Patent Convention and the date 
on which the application was filed with the Patent Author ity for conversion, and the serial 
number of the European  patent application; 
  IP/N/1/FIN/P/10 
 Page 5 
 
 
  11) if the application results fr om division, the serial number in the record of applications and 
the filing date of the original application;  12) if a new application results from the di vision, the serial number in the record of 
applications of the new application;  13) if the application file has been made available to the p ublic under Section 18 of the Act 
on Utility Model Rights, the date  on which it became available; 
 14) a statement as to whether an examinati on under Section 12 of th e Act on Utility Model 
Rights has been requested for the application;  15) the documents filed and fees paid  in respect of the application; 
 16) decisions taken in resp ect of the application. 
 
Section 8 
 
Where notice is given to the Registering Authorit y that an invention fo r which a utility model 
right has been sought has been assigned to anot her person, the latter pe rson shall be recorded 
as the applicant in the record of applications only if proof of the assignment is furnished. 
 
Priority 
 
Section 9 
 
To enjoy priority under Section 5 of the Act on Utility Model Rights, the applicant must 
claim priority in the application filed in Finland and therein state where and when the 
application given as a basis for the priority was filed and, as soon as possible, its serial 
number. If the application is made through c onversion under Section 8 of the Act on Utility 
Model Rights, the claim to priority shall appl y without a separate request also to the new 
application resulting from conversion.  
Section 10 
 
The Registering Authority may through official  action request the ap plicant to prove the 
claimed priority by submitting the authority with in the prescribed time limit a certificate 
issued by the authority with which the applicat ion for which priority is claimed was filed, 
stating the filing date of the pr iority application a nd the applicant’s name and also a copy of 
the application certified by that same authority. Th e copy shall be filed in the form prescribed 
by the Registering Authority. 
 
Section 11 
 
Priority may only be based on the first applic ation in which the invention was disclosed. 
 If the person who filed the first application or  his successor in title has filed a subsequent 
application with the same author ity, relating to the same inven tion, the subsequent application IP/N/1/FIN/P/10 
Page 6  
 
  may be cited as a basis for priority, provided that at the time of filing of the later application 
the earlier application was withdrawn, dism issed, or rejected w ithout having become 
available to the public and without there being any rights subsisting, and had not served as a 
basis for priority. Where priority has been  obtained on the basis of the subsequent 
application, the prior applica tion may no longer serve as a basis for claiming priority. 
 
Section 12 
 
An application may claim priority deriving from several earlier applications even where they 
have been filed in different countries.  
Claim 
 Section 13 
 
The claim shall contain:  1) the title of the invention;  2) a statement identifying the art in relation to  which the invention is new (prior art), where 
necessary; and  3) a statement of the new and charac teristic features of the invention. 
 A utility model application may incorporate more than one claim. If an application includes more than one claim, they shall be  arranged and numbered consecutively. 
 Each claim may relate to one invention only.  Where a utility model application contains severa l inventions, they shall be interdependent. In 
this case there shall be a technical connection between all of the inventions in that they have, in whole or in part, the same or similar speci al technical characteristic. The term special 
technical characteristic shall mean the techni cal feature contributed by each single invention 
going, in considering the i nvention as a whole, beyond the state of the art. 
 The question whether the inventions share a t echnical characteristic shall be determined 
irrespective of whether they are stated in separate  patent claims or as alternatives in a single 
claim.  A claim may not contain any matter irrelevant to the invention di sclosed therein or irrelevant 
to the exclusive right claimed by the applicant. 
  IP/N/1/FIN/P/10 
 Page 7 
 
 
  Description 
 Section 14 
 
The description may contain only subject matter that assists in understanding the invention. 
Where a newly-coined word or a technical term that is not gene rally accepted has to be used, 
such term shall be explained. The designations  and units of measur ement may not depart 
from those in general use in Finland.  Where the invention relates to a product of a microbiological process and a culture of the 
microorganism shall be deposited under the s econd paragraph of Section 6 of the Act on 
Utility Model Rights, the applicant shall in hi s applications documents give all relevant 
information regarding the characteristics of the microorganism that are available to him. The Registering Authority shall be no tified of the deposit. The provis ions of Section 17a, the third 
and fourth paragraphs of Section 17b, Secti on 17c and Sections 25a, 25c and 25d concerning 
the deposit of a microorgani sm, shall apply mutatis mutandis to the deposit of a 
microorganism that is the subject of a utility model application.  
Pictures 
 Section 15 
 
By a picture is meant a drawing, a photograph or si milar. The pictures shall be so accurate as 
to clearly disclose the object for which protectio n is sought. The pictures shall be in black and 
white and reproducible. They may no t exceed the size of an A4 sheet. 
 
Amendments to utility model applications 
 Section 16 
 
Claims may not be amended to include subject matter not disclosed in the original utility model application. Where a claim is amended to add new features, the a pplicant shall at the 
same time state where those new features  are to be found in the basic document. 
 If more than one invention has been disclosed in the basic documents, the applicant may divide the application into more than one application. A new application resulting from 
division may not encompass subject matter that wa s not disclosed in the original application. 
 Where an application is divided because it co ntains more than one mutually independent 
invention and there is no tech nical connection between the i nventions, the new application 
shall only be considered to have been filed at the same date as the original application if the 
new application has been filed no later than tw o months after the reduction of the original 
application.  IP/N/1/FIN/P/10 
Page 8  
 
  Utility Model Register 
 Section 17 
 
A utility model is recorded in the Utility Mode l Register provided it meets the requirements 
set in the second and third paragraphs of S ection 1, and Sections 6 to 12 of the Act. 
 The following particulars shall be recorded in the register:  1) the serial number in the reco rd of applications of the ap plication, the registration number 
of the utility model and the cl asses according to the International Patent  Classification to 
which the utility model is assigned;  2) the name, domicile and address of  the proprietor of the utility model; 
 3) where the proprietor of the utility mode l has appointed a representative, the name, 
domicile and address of the representative;  4) the name and address of the inventor;  5) the following dates:  
a) the filing date of the application; 
 
b) if the utility model applic ation results from conversion of a patent application in 
accordance with Section 8 of the Act on Utility Model Right s, the filing date of the 
patent application; 
 
c) if the application is an international app lication, the international filing date and the 
date on which the utility model was pursu ed in accordance with Section 45d of the 
Act on Utility Model Rights or on which the application was filed under Section 38 of 
the Patents Act, and the internation application number; 
 
d) if the application has been converted fr om a European patent application into a 
national application, the filing date in accordance with the European Patent Convention and the date on which the applica tion was filed with the Patent Authority 
for conversion, and the serial number of  the European patent application; 
 
e) the date on which the application docum ents have been made available to the 
public; 
 
f) the date of registration of the utility model; 
 6) priority, where claimed, toge ther with an indication of th e country where the application 
given as the basis for priority was filed, the f iling date of that application and its serial 
number;  7) if the application results from division, the serial num ber of the parent application;  IP/N/1/FIN/P/10 
 Page 9 
 
 
   
8) a statement as to whether the application has been the subject of an examination under 
Section 12 of the Act on Utility Model Rights;  9) if the invention relates to a product of a mi crobiological process, a st atement as to whether 
a culture of the microorganism has been deposited; and  10) the title and pict ure of the invention. 
 
Section 18 
 
The public notice under Section 17 of the Act on Utility Model Rights concerning the 
registration of a utility model shall give the serial number a nd the classification according to 
the International Patent Classification of the utili ty model, the title and picture or pictures of 
the invention, where necessary, the name of the proprietor of the utilit y model and the serial 
number of the application, and a statement as to  whether the applicati on has been the subject 
of an examination under Section 12 of the said Act.  
Section 19 
 
Any claim made to the Registering Authority to have the registration of a utility model 
declared invalid and any notification made to the Registering Authorit y by a person that he 
has taken legal action to have a utility model right transferre d or to obtain a compulsory 
license shall be recorded in the register.  The communication of copies of court decisions to the Register ing Authority in accordance 
with Section 45 of the Act of Utility Model Rights, or decisions taken by the Registering Authority in cases referred to in paragraph 1 concerning clai ms to have a utility model 
declared invalid, shall be recorded in the Ut ility Model Register. Once the decision becomes 
final, a note shall be made in the register in su ch a way that the main findings of the case are 
apparent in the register.  
Section 20 
 
Entries under Section 28 and 29 of the Act on Utility Model Rights shall include the name, 
domicile and address of the proprie tor of the right and the date of the transfer or grant of the 
license or pledging. In the case of  a license, it shall be stated, on request, whether the right of 
the proprietor of the utility model right to  grant additional licen ses has been limited. 
 Where it is not possible to take  an immediate decision on the quest ion of recording, an entry 
shall nevertheless be made in the regi ster that a request has been made. 
 The provisions of the preceding paragraph 1 shal l correspondingly apply to  the recording of a 
compulsory license and a right under Secti on 1 of the Act on Utility Model Rights. 
 
Section 21 
 
Seizure of a utility model right to  cover a debt shall be recorded  in the register when reported. IP/N/1/FIN/P/10 
Page 10  
 
  Any change reported in respect of a representati ve shall also be recorded in the register. 
 
Section 22 
 
If the proprietor of a utility model right, in accordance with the first paragraph of Section 33 
of the Act on Utility Model Rights, states that he waives the registration of his utility model and if a license on this model is  recorded in the register, the holder of the license shall be 
notified thereof and a reasonable period of time sha ll be reserved for him to  assert his right in 
the case before the utility model is deleted from the register. 
 
Section 23 
 
The renewal of a registration shall be r ecorded in the Utility Model Register. 
 A public notice regarding a renewal shall state the serial number of the utility model, the date 
on which the renewed term of prot ection begins and the name and address of the proprietor of 
the utility model right.  
Section 24 
 
Once a registration has lapsed, the Registering Au thority shall remove the utility model from 
the register.  Once the utility model has been removed from the register or the utility model right by a final 
court decision has been assigned to another pe rson, the Registering Au thority shall give a 
public notice thereof.  
Examination by the Registering Authority 
 Section 24 a 
 
In examining an invention in accordance with th e third paragraph of Section 12 of the Act on 
Utility Model Rights, the Registering Authority shall consider all facts that come to its 
attention. The examination at the Registering Au thority shall be carried out on the basis of 
publicly available utility  model or industrial design applica tions from Finland and of patent 
specifications, published specifications and publicly  available international applications from 
Finland, Norway, Sweden, Denmark, the United  States of America,  the United Kingdom, 
France, Germany, and the European Patent Offi ce. Other available publi cations may also be 
examined if found necessary. The Registering Au thority shall notify of the result of the 
examination and issue a statement thereof wh ere such statement specifically has been 
requested for.  
 
Receiving Office for International Applications 
 Section 24 b 
 
The National Board of Patents a nd Registration of Finl and shall be the r eceiving Office for 
international patent applications where the applic ant or one of the applic ants is a national of  IP/N/1/FIN/P/10 
 Page 11 
 
 
  Finland, a natural person domiciled in Finland, a legal entity constitute d according to Finnish 
law or anyone who carries on business in Finland.  The provisions of Sections 46 to 51 and 51a of the Patents Decree shall apply mutatis 
mutandis to the receiving of international util ity model applications at the Authority. The 
provisions of Sections 52 and 52a to 52c sh all mutatis mutandis apply to the pursuing of 
international utility model a pplications designating Finland. 
 
Miscellaneous provisions 
 Section 25 
 
A utility model application shall be classifi ed according to the International Patent 
Classification system.  
Section 26 
 
Public notices in respect of utility models shall be given in a publication issued by the 
Registering Authority.  
Entry into Force 
 Section 27 
 
This Decree shall enter in to force on January 1, 1992. 
 
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