WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/FIN/P/5 
9 February 2007 
 (07-0603) 
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 Patents Act 15.12.1967/550, as 
amended up to 2005/896 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 de la Loi 15.12.1967/550 sur les brevets, 
modifiée jusqu'en 2005 (2005/896) inclusivement, notif iée 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 de la Ley de Patentes 
Nº 15.12.1967/550 y sus modificaciones hasta 2005 (2005/896) inclusive, notificado por Finlandia en virtud de lo dispuesto en el párrafo 2 del artícul o 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/5 
Page 2  
 
   
Patents Act 15.12.1967/550 (Unofficial translation) 
 
(Amendments up to 2005/896 included) 
 
 
Chapter 1 
General Provisions 
 Section 1  (30.6.2000/650) 
 Anyone who has, in any field of technology, made an inven tion which is susceptible of 
industrial application, or his or her successor in title, is entitl ed, on application, to a patent 
and thereby to the exclusive right to exploit the invention commercially, in accordance with 
this Act.(18.11.2005/896)  The following, as such, shall not be regarded as inventions: 
 (1) discoveries, scientific theo ries 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 therap eutic treatment or diagnostic me thods, 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 compositions, for use in any of these methods.  Patents shall not be granted for plant or animal varieties. Inventions which concern plants or 
animals shall nevertheless be pate ntable if the technical feasibility of the invention is not 
confined to a particular plant or animal va riety. 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 biological processes fo r the production of plants or 
animals. For the purposes of this Act a process for the production of plants or animals shall 
be considered essentially biological if it cons ists entirely of natural phenomena such as 
crossing or selection. What is said above shall be withou t prejudice to the patentability of 
inventions which concern a mi crobiological 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 concern a product consis ting of or containing 
biological material or a process by means of which biological material  is produced, processed  IP/N/1/FIN/P/5 
 Page 3 
 
 
  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 'bio logical material' means any material containing 
genetic information and capable of reproducing itself or being reproduced in a biological 
system.  Section 1 a  (30.6.2000/650) 
 The human body, at the various stages of its formation and development, and the simple 
discovery of one of its elements, including the sequence or partial sequ ence of a gene, cannot 
constitute patentable inventions.  An element isolated from the human body or otherwise produced by means of a technical 
process, including the sequence or partial seque nce of a gene, may, wit hout prejudice to the 
provisions of paragraph 1, where the requirements for patentability are fulfilled, constitute a patentable invention, even if th e 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 th e commercial 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 paragraph 1 the following inve ntions, in particular, shall be considered 
unpatentable:  1) processes for cloning human beings;  2) processes for modifying the germ lin e 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 th e patent application and which al so differ essentially from them. 
(18.11.2005/896)  Everything made available to th e public in writing, in  lectures, by public use or otherwise is 
considered as known. Also, the cont ents of a patent application filed in this country before 
said filing date are considered as known if th at application becomes available to the public IP/N/1/FIN/P/5 
Page 4  
 
  pursuant to section 22. Similarly, the contents of a utility model application filed in this 
country before the filing date of the patent ap plication are deemed to have become known if 
the utility model application b ecomes available to the public pur suant to section 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 th e filing date of the patent application, does 
not, however, apply in respect of the contents of  such patent or utili ty model applications. 
(18.11.2005/896)  Applications referred to in Chapter 3 shall,  for the purposes of the second paragraph, in 
certain cases have the same eff ect as patent applica tions filed in this country, pursuant to 
provisions laid down in Sections 29 and 38.  The provision in the first paragraph, 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 the third paragraph of Section l, provided that th e use of the substance or composition is not 
known for such method.  Patents may be granted, however, for inventions  made available to th e public within the six 
months preceding the filing da te of the application if disclosure was the result of: 
 (1) an evident abuse in relation to the applicant or his predecessor in title; or 
 (2) the fact that the applicant or his predecesso r in title had displayed the invention at an 
official, or officially recognized, internati onal exhibition falling with in the terms of the 
Convention on International Exhibitions si gned at Paris on November 22, 1928 (Finnish 
Treaty Series 36/37).  Section 3  (6.6.1980/407) 
 The exclusive right conferred by a patent shall im ply, with the exceptions stated below, that 
no one may exploit an invention, wit hout 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 of fering such process for us e in this country if 
he knows or if it is evident from the circumstan ces 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 pers on not entitled to exploit the 
invention with the means of work ing the invention in this country in relation to an essential 
element of the invention where such other pe rson knows, or where it is evident from the 
circumstances, that the means are suitable and intended for working the invention. This 
provision shall not apply where the means are st aple commercial products, except where such  IP/N/1/FIN/P/5 
 Page 5 
 
 
  other person attempts to induce the receiver to commit any of th e acts referred to in the first 
paragraph of this Section. For the purposes of this paragraph, any person using the invention 
in a manner referred to in the th ird paragraph, item (1), (2) or (4), shall not be regarded as 
entitled to explo it 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) preparation in a pharmacy of a medicine pr escribed 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 sha ll extend to any biological material derived from 
that biological material through propagation or multiplication in an identical or divergent 
form and possessing those same characteristics.  The protection conferred by a pate nt on a process that enables a biological material to be 
produced possessing specific characteristics as a result of the invention shall extend to 
biological material directly obt ained through that process and to  any other biological material 
derived from the directly obtained biological material through propagation or multiplication 
in an identical or divergent form a nd possessing those same  characteristics. 
 The protection conferred by a patent on a pr oduct containing or consisting of genetic 
information shall extend to all material, save as provided in paragraph 1 of Section 1 a, in 
which the product is incorporated and in whic h the genetic information is contained and 
performs its function.  The protection referred to above  shall not extend to biological  material obtained from the 
propagation or multiplication of biological materi al placed on the market in the territory of 
the European Economic Area by the holder of th e patent or with 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 subsequently used for other 
propagation or multiplication. 
 IP/N/1/FIN/P/5 
Page 6  
 
  Section 3 b  (30.6.2000/650) 
 By way of derogation from the provisions of Sec tion 3 a, paragraphs 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 propagation or multiplication by him on his own farm, the extent and conditions of this derogation corres ponding to those under Article 14 of Council 
Regulation (EC) No 2100/94 on Co mmunity plant variety rights. 
 By way of derogation from the provisions of Sec tion 3 a, paragraphs 1 to 3, the sale or any 
other form of commercialisation of breeding stoc k or other 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 
animal reproductive material available for the purposes of pursuing hi s agricultural activity 
but not sale within the framework or for the purpose of a commercial reproduction activity. 
 More specific regulations concerning the co ntents and implementa tion of the derogation 
provided for in paragraph 2 may be decr eed by the Government where necessary. 
 
Section 4 
 
Any person who, at the time the patent applicat ion 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 prev ious exploitation is maintained and that the 
exploitation does not constitu te an evident abuse in relation to the applicant or his 
predecessor in title. Such right of exploitation shall also be afforded, subject to the same 
conditions, to any person who has made substa ntial preparations for commercial exploitation 
of the invention in this country.  The right afforded under the first paragraph a bove can only be transferred to other parties 
together with the business in which it originated  or in which exploitati on was intended to take 
place.  
Section 5 
 
Notwithstanding the patent, an invention may be exploited 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 the 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 di sclosed 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  IP/N/1/FIN/P/5 
 Page 7 
 
 
  application for a patent, an inventor's certificat e or utility model protection filed in another 
country party to the Paris Convention for the Pr otection of Industrial Property (Finnish Treaty 
Series 36/10 and 43/15) or the Agreement Establishing the World Trade Organization 
(Finnish Treaty Series 5/95) sh all be deemed, for the purposes of  the first, second and fourth 
paragraphs of Section 2 and of Section 4, to have been filed at  the same time as the earlier 
application if the applicant so requests. Such priority may also be enjoyed under an earlier 
application for protection filed in a country not party to the above agreements if the 
corresponding priority  deriving from a Finnish application is granted in  such country and if 
the laws of such country substantia lly conform to the above agreements. 
(22.12.1995/1695)  The Government, or a patent authority appointed by the G overnment, shall lay down the 
manner in which priority claims shall be file d and the documents 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 Auth ority of Finland unless otherwise stated. The 
Patent Authority of Finland is  the National Board of Patent s and Registrati on of Finland, 
pursuant to provisions laid down separately.  
Section 8 
 
Applications for patents shall be  filed in writing with the Patent Authority or, in the cases 
referred to in Chapter 3, with the patent author ity of another country or  with an international 
organization.  The application shall contain a description of the invention, together with drawings where 
necessary, and a precise statemen t of the subject matter for whic h patent protection is sought 
(one or more claims). The f act that the invention relates to a chemical compound shall not 
mean that a specific use must be disclosed in the claim. The description shall be sufficiently 
clear to enable a person skilled in the art, with the guidance thereof, to carry out the 
invention. An invention relating to a biological material or i nvolving the use of biological 
material when being carried out shall be regarde d, in the cases referred to in Section 8a, as 
disclosed with sufficient clarity only if the re quirements 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 a nd may not be taken into account for any other 
purpose.  The inventor's name shall be stated in the appl ication. If a patent is applied for by a person 
other than the inventor, the applicant shall be required to prove his ti tle to the invention. 
 IP/N/1/FIN/P/5 
Page 8  
 
  The description, abstract and claims shall be written in Finnish or Swedish in compliance 
with the language laws in force. If the abstra ct 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 the second paragraph of Section 22. The applican t shall pay the prescrib ed translation fee. 
Where the applicant is a foreigner, the descripti on shall be written in Fi nnish 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 applicati on fee. 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 thereafte r from the corresponding calendar day. 
(10.5.1985/387)  Section 8 a  (30.6.2000/650) 
 Where an invention concerns bi ological material or the carry ing out thereof involves the use 
of a biological material which neither is available to the pub lic nor can be de scribed in the 
application documents in such a manner as to en able 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 bi ological material shall be co ntinuously on deposit thereafter 
so that any person entitled under this Act to a sample of the de posited 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 sa mples of the material cannot be 
furnished for other reasons, it may be replac ed by a new deposit of the same biological 
material, as decreed by the Government. Once this has been done, th e new deposit 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 fili ng 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 the identity of the applicant to be established 
or allowing the applicant to be contacted by the Authority; and 
 (3) the documents submitted on filing the applica tion contain anything that can be regarded as 
a description or a drawi ng, or the applicati on 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.   IP/N/1/FIN/P/5 
 Page 9 
 
 
  If the applicant has not complied with the pr ovisions of subsection (1) for being accorded a 
filing date for the applic ation, the applicant is in vited to correct the defi ciencies within a time 
limit laid down by the Patent Authority. If the app licant 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 applicati on is deemed not to have been filed. 
 If the applicant, to be accord ed a filing date, has, within the time limit provided in 
subsection (2), corrected all deficiencies cont ained in the application, the date on which all 
deficiencies have been corrected wi ll be taken to be the filing date. 
 Section 8 c  (18.11.2005/896) 
 If an application which has been filed in co mpliance 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 de scription or the patent claims are missing, the 
applicant is invited to supplement his or he r application within th e limit laid down by the 
Patent Authority. If the missing elements are fu rnished within that time limit, the date on 
which all deficiencies have been  corrected will be ta ken to be the filing date, unless otherwise 
specified in subsections (2) and (3).  If the subsequently furnished elements referred to in subsec tion (1) are cancelled within one 
month from the date of furnishi ng, the original filing da te will be taken to be the filing date. 
 If the missing elements are furnished in complia nce with the provisions of subsection (1) and 
priority is claimed from an earlier applicatio n and the missing elements in their entirety 
appear from that application, the date of the initial filing will be taken to be the filing date, if 
the applicant so re quests and submits a copy of  the application given as  the basis of priority 
within the time limit laid down in subsection (1).  Section 9  (6.6.1980/407) 
 If the applicant so requests and pays the pres cribed fee, the Patent Authority shall, under 
conditions laid down by Government decree, arra nge for a novelty search  by the International 
Searching Authority under Ar ticle 15(5) of the Patent Cooperation Treaty done at 
Washington on June 19, 1970.  
Section 10 
 
A patent may not be applied for in respect of tw o 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 i nvention disclosed by the applicant in an earlier 
application on which no final decision has been given, the later appli cation shall, at the 
request of the applicant and on the conditions laid down by th e Government, be deemed to 
have been filed at the time th e documents disclosing the invention were filed with the Patent 
Authority. IP/N/1/FIN/P/5 
Page 10  
 
   
Section 12 
 
An applicant not domiciled in the country sha ll be required to appoint a representative 
residing in the European Economic Area to represent him in matters concerning the 
application. (30.6.2000/650)  If it has not been possible to not ify 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 pa tent gazette published by the 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 appli cation at the time it was filed. 
 Section 14  has been repealed (21.3.1997/243). 
 
Section 15 
 
If the applicant fails to satisfy the requirements for the application or if the Patent Authority 
has other objections to acceptance of the applic ation, the applicant shall be notified thereof by 
official action and be invited to  file his response or to corre ct the application within the 
specified period of time. The Patent Author ity may, however, make such changes to the 
abstract as it deems necessary wit hout consulting the a pplicant. (6.6.1980/407) 
 If the applicant fails to file observations or ta ke steps to correct the application within the 
period of time laid down, the a pplication shall be dismissed. Th e official action shall include 
a notice to that effect.  A dismissed application may be reinstated if, with in four months of the expiration of the time 
limit, the applicant files observati ons or takes steps to correct the application and, within the 
same period of time, pays the prescribed reinstatement fee.  If the applicant fails to pay the renewal fee und er Sections 8, 4l and 42,  the application shall 
be dismissed without official notification. Appl ications dismissed for such reason may not be 
reinstated. (10.5.1985/387)  
Section 16 
 
If, after the applicant has filed his observations, there still remains an obstacle to acceptance of the application which the ap plicant has had an opportunity to comment on, the application 
shall be rejected, unless there is reason to issue a further official notification to the applicant. 
  IP/N/1/FIN/P/5 
 Page 11 
 
 
  Section 17 
 
If a person other than the applicant claims before  the Patent Authority th at 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 law within a period of time to be laid down, failing which the clai m may be disregarded in the fu rther processing of the patent 
application.  If proceedings for proper title to  an invention in respect of wh ich a patent has been applied 
for are pending before a court, the patent appl ication may be suspende d until a final decision 
is given by the court.  
Section 18 
 
If a person proves to the Patent Authority that he and not the a pplicant has proper title to the 
invention, the Patent Authority shall, if such person so requests, transfer the application to 
him. The transferee shall pay a new application fee.  If a request is made for transfer of a patent ap plication, the application shall not be dismissed, 
rejected or granted until a final de cision has been taken on the request. 
 Section 19  (21.3.1997/243) 
 If the application satisfies the formal require ments and no obstacle is found to acceptance of 
the application, the patent aut hority shall notify the applicant that the application can be 
accepted.  Once the notice referred to in the first paragrap h has been given to th e applicant, no request 
may be filed under Section 11, nor may the patent  claims be altered 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 the first paragraph. Failing that, the application shall be 
dismissed.  However, examination may be resumed if, with in four months of the expiration of the 
prescribed time limit, the applicant pays th e printing fee together with the prescribed 
reinstatement fee.  If an application for a patent is  filed by an inventor and if, with in two months of the date on 
which he was given the notice pursuant to the first paragraph, he requ ests 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 th e fee. If the request is rejected, a fee paid 
within two months thereafter shall be deemed to have been paid on time. 
 IP/N/1/FIN/P/5 
Page 12  
 
  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 that 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 the Pa tent Authority. Letters 
patent shall be issued to the proprietor of the patent. 
 Section 21  (21.3.1997/243) 
 From the date on which the patent is granted,  copies 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 Pa tent Authority. 
 
Section 22 
 
The documents concerning a patent shall be available to the public as from the date on which the patent was granted. (21.3.1997/243)  Eighteen months after the filing da te of the application or, if pr iority is claimed, the priority 
date, the documents shall be made available to the public regardless of whether the patent has 
been granted yet. If the application has been dismissed or rejected, the documents shall be 
made available to the public only if the applicant requests reinstatement of his application, 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 
the first and second paragraphs of this Section.  When documents are made available under the s econd and third paragraphs of this Section, 
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 Pa tent Authority may, on request and if good reason 
is given, order that the document shall not be ma de available. If such request is made, the 
document shall not be made available until th e request has been refused 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 mate rial once the documents have become available 
to the public under the first, second or third para graph. Notwithstanding the above provision 
samples will not be issued to any person not allowed by law or other applicable regulations to handle the deposited biological mate rial. It shall also not imply th at samples may 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) 
  IP/N/1/FIN/P/5 
 Page 13 
 
 
  Notwithstanding the provi sion in the first se ntence of the sixth pa ragraph, samples of a 
deposit shall be issued to a spec ial 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 application if a final 
decision not resulting in the grant of a patent has been taken on the a pplication. The 
Government shall lay down the time limits fo r making such request and determine who may 
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 request in writing to the Patent Authority 
and give an undertaking in the terms laid down by the Government  to prevent misuse of the 
sample. Where samples may be issued to a speci al 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 availabl e to the public is dismissed or rejected, the 
decision shall be announced once it has become final.  Section 24  (21.3.1997/243) 
 Any person may file an opposition against a granted 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 a nd specify the grounds on which it is made. 
 Where an opposition to the grant of a patent ha s been filed, the appli cant shall be notified 
thereof and given an opportunity to make obs ervations on the opposition.  A patent proprietor 
not domiciled in Finland shall appoi nt a representative referred to  in Section 12 of the Patents 
Act for opposition proceedings.  The Patent Authority may, where special ci rcumstances warrant, take the opposition into 
account, even if the patent has lapsed or lapses pursuant to Section 51 or is terminated pursuant to Section 54 or even  if the opposition is withdraw n. If the person who filed the 
opposition withdraws it, he may not appeal fr om a final decision taken by the Patent 
Authority.  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 requi rements of Sections 1, 
1 a, 1 b or 2; 
 
(2) if the patent relates to an invention the de scription of which is not  sufficiently clear to 
enable a person skilled in the ar t to carry out the invention; 
 (3) if the patent contains subject matter not included in the application as filed; or 
 (4) if the scope of protection was extended af ter the notice referred to in Section 19, 
paragraph 1, was given. IP/N/1/FIN/P/5 
Page 14  
 
   
The Patent Authority shall reject  the opposition if there is no obs tacle referred to in the first 
paragraph to maintena nce of the patent.  
 If the proprietor of the patent has during oppositi on proceedings amended the patent in such a 
manner that there is no obstacle referred to in the first paragraph to ma intenance of the patent 
as amended, the Patent Authority shall ma intain 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 decisi on taken account of an opposition once the 
decision has become final.  Section 26  (21.3.1997/243) 
 An applicant may appeal against a final decisi on taken by the Patent Authority on a patent 
application if the decision is not in his favour . A patent proprietor or a person who lodged an 
opposition may appeal against a final decision take n by the Patent 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 hi s appeal, where speci al circumstances 
warrant.  A decision rejecting a request fo r reinstatement under the third pa ragraph of Section 15 or the 
third paragraph of Section 19 or a decision gran ting 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. 
 A decision rejecting a request for an order unde r the fifth paragraph of Section 22 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 Finla nd. Separate provisions 
apply to the appealing procedure and the pr ocessing of cases in the Board of Appeal. 
(18.11.2005/896)  Subsection 2  has been repealed (18.11.2005/896). 
 
The provisions of the fifth paragraph of Section 22 concerning pub licity of documents 
relating to patents, apply mutatis mutandis also to documents to be submitted to the Board of 
Appeal and the Supreme Administrative Court. 
 
  IP/N/1/FIN/P/5 
 Page 15 
 
 
  Chapter 3 
International Patent Application (6.6.1980/407) 
 
Section 28  (6.6.1980/407) 
 "An international applic ation" shall mean an application made under the Patent Cooperation 
Treaty.  International applications shall be filed wi th a patent authority or an international 
organization (receiving Office) authorized un der the Patent Cooperation Treaty and its 
Regulations to receive such applications. Th e receiving Office in Finland shall be the 
National Board of Patents and Registration of Finland, as laid down by Government decree. 
Applicants filing an international applicati on 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 Office has assigned an international filing date has the same effect in Finland as a Fi nnish applicatio n filed on the same date. The 
second sentence in section 2(2) applies only to an internationa l application that has been 
pursued under section 31. (18.11.2005/896)  Section 30  (6.6.1980/407) 
 An international application shall be deemed wi thdrawn 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 pur sue an international application in Finland, he shall file with 
the Patent Authority a translation into Finnish  or Swedish of the international application 
within 31 months of the international filing date or, where priority 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 the first 
paragraph, the required translation or a copy of the application may be filed within a further 
period of two months, provided the prescribed ad ditional fee is paid within that same period. 
 
If the applicant does not satisfy the requirement s of this Section, the application shall be 
deemed withdrawn as far as Fi nland is concerned. (19.11.2004/990) 
 Section 32  has been repealed (19.11.2004/990). 
 IP/N/1/FIN/P/5 
Page 16  
 
  Section 33  (6.6.1980/407) 
 Where an international applic ation has been pursued under Section 31, Chapter 2 shall apply 
in respect of the application and examination unl ess otherwise provided in  this Section or in 
Sections 34 to 37. However, the applicati on may be taken up for examination prior to 
expiration of the period la id down in the first paragraph of S ection 3l only if so requested by 
the applicant. (19.11.2004/990)  The obligation under Section 12 of  the applicant to have a re presentative 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)  The second and third paragraphs of Section 22 sh all take effect even before the application 
has been pursued, once the app licant has complied with the requirement under Section 31 to 
file a translation of the application or, if the application is in Finnish or Swedish, once the 
applicant has filed a copy of the applicat ion with the Patent Authority. (10.5.1985/387) 
 For the purposes of Sections 48, 56 and 60, the in ternational application is deemed to have 
become available to the public once the appli cant has fulfilled the obligations under the third 
paragraph. (10.5.1985/387)  Where the application satisfies the requirement s as to form and contents laid down by the 
Patent Cooperation Treaty and its Regulati ons, it shall be accepted in that respect. 
 Section 34  (21.3.1997/243) 
 A notice referred to in the first paragraph of Section 19 concerning acceptance 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 agrees 
to an earlier ruling on the application. 
 Section 35  (21.3.1997/243) 
 An international application may not, without th e consent of the applicant, be published, in 
printed form or another similar way, nor may a patent be grante d on an inventi on that is the 
subject matter of such application by the Pa tent 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 claimed, after 
the priority date. (18.11.2005/896)  
Section 36  (6.6.1980/407) 
 Where a part of an internati onal application has not been th e subject of an international 
search or an inte rnational preliminary examination on the grounds that the application is held 
to include independent inventions and the appl icant has not paid the additional fee laid down 
by the Patent Cooperation Treaty  within the prescribed peri od, 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 application that  IP/N/1/FIN/P/5 
 Page 17 
 
 
  has not been the subject of a search or an ex amination shall be deemed withdrawn before the 
Patent Authority unless the applicant pays the pr escribed fee within two months of the date 
on which he receives notification of the Pate nt Authority's decision. Where the Patent 
Authority considers the decision to  have been incorrect, it shal l proceed with examination of 
the application in its entirety.  The applicant may appeal against a decision ta ken under subsection (1) in the cases where the 
Patent Authority has found that  the application in cludes independent inventions. Section 
27(1) is to apply with the necessary changes. (18.11.2005/896)  Where the appeal authority upholds  the decision of the Patent Authority, the time limit for 
payment of the fee referred to in the second sentence of the first pa ragraph above shall be 
computed as from the date on which the deci sion of the appeal authority becomes final. 
 Section 37  (6.6.1980/407) 
 Where a part of an internati onal application has not been th e subject of an international 
preliminary examination because the applicant has 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 th e application not examined shal l be deemed withdrawn before 
the Patent Authority unless the applicant pays the prescribed fee within two months of the date he received the corresponding notif ication from the Patent Authority. 
 Section 38  (6.6.1980/407) 
 Where a receiving Office has refused to accord an  international filing 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 must 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 the first paragraph shall be filed with the International Bureau 
within the time limit la id down by the Government. Within that same time limit, the applicant 
shall file with the Patent Author ity a translation of the applicati on, to the extent prescribed by 
the Government, and shall pay the pr escribed application fee. (10.5.1985/387) 
 Where the Patent Authority finds that the decision by the receiving Office or by the International Bureau was incorrect, it must examine the application as provided in Chapter 2. If the receiving Office has not accorded an inte rnational filing date, the application is to be 
deemed to have been filed on the date that th e Patent Authority considers should 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 paragrap h of Section 2 shall apply to applications 
accepted for examination under the third paragraph of  this Section if the application is made 
available to the public under Section 22. 
 IP/N/1/FIN/P/5 
Page 18  
 
   
Chapter 4 
The Scope and Term of a Patent 
 
Section 39 
 
The scope of protection confe rred by a patent shall 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 year s from the date on which the application was 
filed.  A prescribed renewal fee shall be payable for th e patent in respect of each fee year beginning 
after the grant. If a patent is granted before renewal fees for the application have become due 
under Section 41, the proprietor of the patent shall also be requi red to pay renewal fees for 
the fee years beginning prior to the grant of the patent, at the time the renewal fee for the patent becomes due for the first time. (10.5.1985/387) 
 
 
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, however, shall not become payable until the fee for the third fee year is due. renewal fe es may not be paid ea rlier than six months 
before the due date.  For a later application under se ction 11, the renewal fees for fee years which have begun 
before the date of receipt of the later appli cation, or which begin within two months of the 
date of receipt, become in no event due until  the last day of the second month following the 
date of receipt. The renewal fees  for an international application in respect of fee years which 
have begun before the date on which the application was pursued under section 31 or was taken up for processing under se ction 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 additiona l 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 may grant him respite in respect of 
payment if he makes a corresponding request no  later than the date on which renewal fees  IP/N/1/FIN/P/5 
 Page 19 
 
 
  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 be fore the existing respite has expired. 
 If the request for respite or pr olongation 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 paymen t has been granted under the first paragraph 
may be paid together with the additional fee prescribed in the third paragraph of Section 41 within the six months following the da te up to which respite was granted. 
 
 
Chapter 6 
Assignment, Licences and Compulsory licences 
 
Section 43 
 
Where the proprietor of the patent has gran ted another person the right to exploit the 
invention commercially (a licence ), the licensee shall not be en titled to assign his right to a 
further party, except as otherwise agreed.  
Section 44 
 
The transfer of patents and the grant of licences shall be reco rded, 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 longer in force, the entry of 
that licence or pledge shall be  deleted from the Register. 
 The first and second paragraphs shall apply mu tatis mutandis to compulsory licences and to 
rights under the second paragraph of Section 53.  The person last recorded in the Register as the patentee shall be deemed the proprietor for the 
purposes of law suits and for othe r matters concerning the patent. 
 If a person acting in good faith has requested the Pate nt Authority to reco rd in the Register 
that a patent has been assigned to him or th at he has obtained a lic ence under a patent or a 
pledge of a patent, prio r assignment of the patent or rights  therein shall not be enforceable 
against him if the other party has not previously requested re gistration as the assignee or 
proprietor of rights in the patent. 
 
Section 45 
 
Where three years have elapsed since the grant of  the patent and four ye ars have elapsed from 
the filing of the application, and if the inven tion is not worked or brought into use to a 
reasonable extent in Finland, any person who wi shes to work the invention in Finland may 
obtain a compulsory licence to do so unless legitimate grounds for failing to work the 
invention may be shown. (22.12.1995/1695) IP/N/1/FIN/P/5 
Page 20  
 
   
Subject to reciprocity, the Government may decree that, fo r the purposes of the first 
paragraph of this Section, the working of an invention in a foreign State shall be deemed 
equivalent to working in this country.  
Section 46 
 
The proprietor of a patent for an invention whos e exploitation is dependent on a patent held 
by another person may obtain a compulsory licence to exploit the inven tion protected by such 
patent if deemed reasonable in view of the importance of the fi rst-mentioned invention or for 
other special reasons.  The proprietor of a patent in respect of whic h a compulsory licence is  granted under the first 
paragraph of this Section may obtain a compul sory licence to exploi t 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 pl ant variety right wit hout infringing a prior 
patent, he may apply for a compulsory licen ce for non-exclusive use of the invention 
protected by the patent inasmuch as the licence is necessary for the e xploitation of the plant 
variety to be protected, subject to payment of an appropriate royalty. Where such a licence 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 paragr aph 1 above must demonstrate that they have 
applied unsuccessfully to the holder of the patent  to obtain a contract ual licence and that the 
plant variety constitutes signif icant technical progress of c onsiderable economic interest 
compared with the invention claimed in the patent.  Provisions concerning the right of a patent ho lder to obtain a compulsory licence for the 
exploitation of a plant variety protected by plan t 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 person who wishes to exploit commercially an 
invention for which another person holds a pate nt 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 th e application documents were made available 
under Section 22, shall, if the application result s in a patent, be entitled to a compulsory 
licence for such exploitation, pr ovided there are special reasons  for this and also provided 
that he had no knowledge of the application and could not reasonably have obtained such 
knowledge. Such a right shall also be enjoye d, under corresponding conditions, by any person 
who has made substantial prepar ations for commercial exploita tion of the invention in this  IP/N/1/FIN/P/5 
 Page 21 
 
 
  country. 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 pe rson deemed to be in a position to exploit 
the invention in an acceptable manner and in accordance with the te rms of the licence who, 
before filing a claim for a compulsory licence, has made a verifiable effort to obtain, on reasonable commercial terms, a licence to the patented inventi on. A compulsory licence shall 
not prevent the proprietor of the patent from exploiting the inve ntion himself or from granting 
licences under the patent. A compulsory licen ce may only be transferred to a third party 
together 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  law, which shall also decide the extent to 
which the invention may be exploited and sha ll determine the remuneration to be paid and 
any other conditions under the licence. In th e event of a substantial 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 not paid, the patent shall lapse as from the 
start of the fee year for whic h the 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 not satisfy the requi rements of Sections 1, 
1 a, 1 b, or 2;  (2) if the patent relates to an invention the de scription of which is not  sufficiently clear to 
enable a person skilled in the ar t to carry out the invention; 
 (3) if the patent contains subject matter not included in the application as filed; or 
 
(4) if the scope of protection was extended after the notice referred to in the first paragraph of 
Section 19 was given. (30.6.2000/650)  A patent may not be declared invalid on the grounds that the patentee was entitled to a 
specified part of it only.  IP/N/1/FIN/P/5 
Page 22  
 
  Legal proceedings may also be instituted, with the exception laid down in the fourth 
paragraph of this Section, by any person who suffe rs prejudice on account of the patent or by 
a public authority appointed by the Govern ment for reasons of public interest. 
 Proceedings instituted on the ground s that a patent has been gran ted to a person other than the 
person entitled to it under the provisions of Se ction 1 may only be instituted by the person 
claiming entitlement to the patent. Such procee dings shall be brought within one year after 
the entitled person gained knowledge of the grant of th e patent and of any other 
circumstances on which the proceedings are founde d. Proceedings may not be instituted more 
than three years after th e grant of the patent where the prop rietor 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 entit led to the patent under 
Section 1 and where proceedings are instituted by  that entitled party, the court shall transfer 
the patent to that party. The fourth paragraph of Section 52 shall apply with respect to the 
time limit within which proceedings shall be instituted. (6.6.1980/407) 
 Where the person deprived of the patent had, in good faith, begun commercial exploitation of 
the invention in this country or had made substantial preparations  for exploitation, he shall be 
entitled, against reasonable remuneration and on  other reasonable term s, to continue the 
exploitation already begun or  to commence the intended e xploitation, provided that its 
general nature is maintained. Subject to the sa me conditions, a holder of  a licence recorded in 
the Patent Register shall have the same rights.  Rights under the second paragraph of this Sect ion may only be transfe rred to third parties 
together with the business in which they are exploited or in which exploitation was planned. 
 
Section 54 
 
Where the proprietor of a patent surrenders his patent in writing to the Patent Authority, that 
Authority shall declare the patent to be terminated.  Where a patent is in distraint or if a litigation is pending on the transfer of a patent, the patent may not be declared terminated while the distra int is effective or before a final decision is 
given in the proceedings. The sa me shall apply if a pledge has been recorded in the Patent 
Register.  Section 55  (6.6.1980/407) 
 
Where a patent has lapsed or been declared te rminated, or been declared invalid by a final 
court decision or been transfe rred, the Patent Authority shall publish an announcement of that 
fact. 
 
  IP/N/1/FIN/P/5 
 Page 23 
 
 
  Chapter 8 
Obligation to Provide Information 
 
Section 56 
 
An applicant who invokes his pa tent application against anothe r person before the documents 
in the application file have become availabl e under Section 22 shall be required, on request, 
to allow such person to have access to the doc uments. If the patent application includes the 
deposit of a biological material under Section 8a, such consent sh all also include the right to 
obtain a sample of the deposit. The second and th ird sentences of the sixth paragraph and the 
seventh and eighth paragraphs of Section 22 sha ll apply in the event of a person wishing to 
obtain a sample on the basis of  such consent. (30.6.2000/650) 
 Any person who indicates in addressing hi mself directly to ot her persons or in 
announcements or by markings on goods or their p ackaging or in any other way that a patent 
has been applied for or granted, without at  the same time indicat ing the number 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 pate nt has been applied for or granted, but the 
circumstances are such as to create the impressi on that this is the case, information as to 
whether a patent has been applied for or gr anted shall be given on request without delay. 
 
 
Chapter 9 
Liability, Obligation to Pay Comp ensation and Court Proceedings 
 
Section 57 
 
The court may forbid any person who infringe s the exclusive right afforded by a patent 
(patent infringement) from con tinuing or repeating the act. 
 Where such person intentionally infringes a patent , he shall, unless the act is punishable as an 
industrial property right offence unde r 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 proce ss for obtaining a product,  any identical product 
produced without the consent of th e proprietor of the pa tent shall, in the absence of proof to 
the contrary, be deemed to have b een obtained by the patented process. 
 In the adduction of proof to the contrary, the legitimate interests of defendants in protecting their manufacturing and business secr ets shall be take n into account. 
 IP/N/1/FIN/P/5 
Page 24  
 
  Section 58 
 
Any person who intentionally or  negligently infringes a pate nt shall be liable to pay 
reasonable compensation for the exploitation of the invention and dama ges for other injury 
caused by the infringement. In the case of s light 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 invent ion if and to the extent held reasonable. 
 Compensation proceedings for patent infringement  shall 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.  
Section 59 
 
At the request of the party injured by patent infringement, the court may order, to the extent 
deemed reasonable for the prevention of furt her infringement, that patented products 
manufactured without the consent of the proprie tor of the patent, or objects whose use would 
constitute patent infringement , shall be altered in a specifi ed manner or be impounded for the 
remainder of the term of the pa tent or be destroyed or, in th e case of patented products, be 
surrendered against payment of th eir value to the injured party. This provision shall not apply 
to anyone who has acquired such objects of prope rty or special rights in respect of such 
objects in good faith and who has not  himself infringed the patent. 
 The objects of property re ferred to in the first paragraph may be seized if it is reasonable to 
assume that the offence referred to in Sect ion 2 of Chapter 49 of the Penal Code or in 
Section 57 of this Act has been committed. In such case, the provisions on seizure in the Coercive Criminal Investigation Means Act shall apply. (21.4.1995/717) 
 Notwithstanding the provisions of  the first paragraph, the court may order, on request, if there 
are special reasons for this, that  the holders of objects referred to in the first paragraph shall 
be able to dispose of the objects for the remai nder of the patent term or for a part thereof, 
against reasonable compensati on and on reasonable conditions. 
 Section 60  (21.3.1997/243) 
 Where any person commercially exploits an i nvention which is the subject of a patent 
application after the applica tion 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 pate nt has been granted under Sec tion 20, protection 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 clai ms according to the patent. There shall be no 
liability to punishment, and dama ges arising from exploitation pr ior to the granting of the 
patent may be assessed only on the basi s of the second paragraph of Section 58. 
 The provisions of section 58(3) concerning da mages do not apply if action for compensation 
is brought within one year of the period for lodging an opposition concerni ng the patent or, if  IP/N/1/FIN/P/5 
 Page 25 
 
 
  an opposition has been lodged, within a year from the date of a final decision to maintain the 
patent. (18.11.2005/896)  
Section 61 
 
Where a patent has been revoked by a final deci sion or declared invalid in a final court 
decision, no penalty, payment of compensatio n or other measures may be ordered under 
Sections 57 to 60. (21.3.1997/243)  Where the defendant in infringement proceedings claims that the patent  is invalid, the court 
may, at the defendant's request, stay proceedings until validity has been determined. Where no such action has been brought by the defendant the court sh all order him, in connection 
with the stay of proceedings, to bring such act ion within a period of time it shall determine. 
 In a case concerning inva lidation of a patent, the court may, at its discretion, postpone the 
taking of a decision on a principal claim refe rred to in Section 1 of Chapter 24 of the 
Procedural Code if the action has been brought in  a competent court before 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 th an slight negligence, fails to comply with 
Section 56 shall be sentenced to a fine.  Any person who, in the instances described in  Section 56, provides incorrect information 
shall also be sentenced to the same penalty, unless the offence is punishable under the Penal Code.  Indictment for an offence referred to in this  Section 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 author ized to exploit an invention under licence may 
bring an action before the court for a declarat ory judgment to establish whether he enjoys 
protection against other parties on the basis of the patent in the event 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 pa tent to obtain a declaratory 
judgment to determine whether the patent constitutes an obstacle to such activity. 
 If it is claimed, under an action brought pursuant to the first para graph of this Section, that 
the patent is invalid, the s econd paragraph of Section 61 shall apply mutatis mutandis. 
 IP/N/1/FIN/P/5 
Page 26  
 
  Section 64 
 
Any person who wishes to bring an  action for invalidation of a patent, transfer of a patent or 
grant of a compulsory licence shall advise the Patent Authority thereof and shall notify all persons recorded in the Patent Register as licen sees or pledgees thereof. If a licensee wishes 
to bring an action for infringeme nt or for a declaratory judgme nt under the first paragraph of 
Section 63, he shall notify the propr ietor of the patent thereof. 
 The requirement to notify pursuant to the firs t paragraph shall be de emed satisfied when 
notification by registered letter ha s been sent to the addresses r ecorded in the Patent Register. 
 If it cannot be shown, at the time the action is  brought, that advice or notification has been 
effected pursuant to the first paragraph, the plai ntiff shall be given 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 competent to hear proceedings in respect of (22.12.1995/1695):  (1) proper title to the inventi on for which a patent is sought; 
 (2) invalidation or tr ansfer of a patent; 
 (3) grant of a compulsory licence, determinatio n of new conditions for or revocation of such 
licence or rights under the sec ond paragraph of Section 53; 
 (4) infringement;  (5) declaratory judgments pur suant to Section 63; or 
 (6) assessment of compensation under Section 75.  In addition to the cases provided in the first pa ragraph, the District C ourt of Helsinki shall 
also be competent in matters concerning the righ t 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 Eu ropean Patent Conventi on. The District Court 
of Helsinki shall also hear the case if the partie s to the dispute have agreed that the District 
Court of Helsinki shall be competent in the case. (22.12.1995/1695) 
 A dispute referred to in the firs t paragraph may not be heard by th e District Court of Helsinki 
if the same dispute between th e same parties is pending before the court of another country 
that is party to the European Patent Conventi on. If the competence of such foreign court has 
been contested, the District Court of Helsinki shall postpone the hearing of the case until the 
question of competence has been fina lly decided upon by the foreign Court. 
(22.12.1995/1695)  IP/N/1/FIN/P/5 
 Page 27 
 
 
   
Section 65 a  (22.12.1995/1695) 
 A final decision taken by a court of a Contractin g State of the European  Patent Convention in 
a dispute referred to in the second paragraph of Section 65 is enforceable in Finland. A court 
decision passed on the applicant for a European  patent, is not, however, enforceable 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 Distri ct Court shall be assisted by two technical 
experts to be appointed by the Court. The ex perts shall give thei r views on the matters 
submitted to them by the Court. Their views shal l 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 number of expert s as referred to in Section 66 
for each calendar year. Before making the appoint ments, the Court shall request the opinion 
of the Technical Research Centre of Finland.  Such appointment may not be refused without 
statutory justification. (21.3.1997/243)  Before taking up his appointment, an expert sh all be required to take the prescribed oath. 
 Experts shall be paid a reasonabl e 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 prope rty referred to in Section 59 be provisionally 
seized for the durati on of the proceedings. 
 Where the Court has granted an injunction or or dered seizure under the first paragraph of this 
Section, the plaintiff may be re quired to provide such security as the Court accepts for any 
damage or inconvenience that may be su ffered by the other party due to the action. 
 Relief from a decision on injuncti on or seizure or the 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, th e Court shall request the view of the Patent 
Authority.  In other proceedings concerning patents, th e Court may request the view of the Patent 
Authority as required by the circumstances of the case. IP/N/1/FIN/P/5 
Page 28  
 
   
Section 70 
 
Copies of decisions under Section 65 shall be communicated by the court to the Patent 
Authority with a statement as to wh ether 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 Certif icates are given in the Council Regulation 
(EEC) No 1768/92 providing for the creation of a supplementary protection certificate for 
medicinal products and in the European Parlia ment and Council Regulation (EC) No 1610/96 
concerning the adoption of a supplementary protection certificate for plant protection 
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 certifi cates 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 applicati on fee. The proprietor of  the certificate shall 
pay the prescribed renewa l fee for the supplementary protection certificate. 
 Section 70 d  (28.6.1994/593) 
 Provisions concerning infringement  of patent rights apply to in fringement of rights conferred 
by a supplementary protection certificate.  Section 70 e  (28.6.1994/593) 
 More specific regulations concerning implemen tation of the provisions of this Chapter and 
the procedure to be followed in applying for and granting supplementary protection certificates may be decreed by the Government. 
 
  IP/N/1/FIN/P/5 
 Page 29 
 
 
  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 Convention. A European patent 
application is a patent applica tion filed under said Convention. 
 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 Finni sh Patent Authority to be transmitted by the 
Patent Authority to the European Patent Offi ce. However, European patent applications 
relating to inventions referred to in the Act on Inventions of Importance to the Defense of the 
Country (No. 551/67) shall be filed with the Fi nnish Patent Authority. Applications referred 
to in Article 76 of said Convention (European di visional applications) shall always be filed 
with the European Patent Office.  The provisions of this Chapter shall apply to European patents and European patent 
applications designating Finland.  Section 70 g  (22.12.1995/1695) 
 A European patent is granted when the Europe an Patent Office has announced its decision to 
allow the patent application. The European patent havi ng effect in Finlan d 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 Pate nt Authority a translati on into Finnish of the 
documents forming the basis for granting the pate nt, and within the same period has paid the 
prescribed fee for printing the translation, as stipulated in more de tail by decree. If the 
applicant's or patent proprietor's own language  is Swedish, the translation may, however, be 
filed in Swedish. If the European Patent Office rules that a European patent shall be maintained with amended wording this sha ll also apply with respect to the amended 
documents.  
The translation shall be available to anyone, provided that the Europe an Patent Office has 
published the European patent a pplication or has announced its decision to grant the patent. 
 If a translation has been supplied and the fee paid within the prescr ibed period and if the 
European Patent Office has announced its decisi on to allow the patent  application or its 
decision that the European pate nt shall be maintained with amended wording, the Patent 
Authority shall without delay issue an announcem ent to that effect in Finnish and Swedish. 
As soon as possible, copies of  the translation shall be obtai nable to the public. The Patent IP/N/1/FIN/P/5 
Page 30  
 
  Authority shall see to it that the claims of the European patent are, where necessary, available 
both in Finnish and Swedish.  Section 70 i  (22.12.1995/1695) 
 The provisions of the first paragraph of S ection 71a correspondingly apply to filing of a 
translation under the first para graph of Section 70h and paymen t of a fee for printing the 
translation. If it is decided unde r the first paragraph of Secti on 71a that the act shall be 
deemed to have been completed within the pr escribed time limit, the Patent Authority shall 
without delay make an announcement to th at effect both in Finnish and Swedish. 
 If anyone, after the time limit according to the fi rst paragraph of Section 70h has expired but 
before the announcement according to the first paragraph above has been published, has in 
good faith begun to use the invention commercially in this country or has made substantial 
preparations therefor, he shall enjoy the right provided in the second and third paragraphs of 
Section 71c.  Section 70 j  (22.12.1995/1695) 
 The provisions of the first paragraph, subpara graph 4, of Section 52, co ncerning extension of 
scope of patent protection, shall also apply to  a European patent if the scope of patent 
protection has been extended after th e grant of the European patent. 
 Section 70 k  (22.12.1995/1695) 
 If the European Patent Office has revoked a Europ ean patent in its entir ety or in part, this 
revocation shall have effect as if the patent in this country were d eclared invalid to the 
corresponding extent. The Finnish Patent Au thority shall without  delay announce 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 deci sion to allow the patent application. 
 If a renewal fee for a European patent is not paid according to the provisions in subsection (1) 
and section 41, section 51 applie s correspondingly. The first rene wal fee is not, however, due 
for payment until the last day of the third mont h 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 accorded a filing date by the European Patent 
Office has the same effect in this country as a Finnish patent appli cation filed on the same 
date. If the application under the European Pate nt Convention enjoys priority from a date 
earlier than the filing date, such priority also has e ffect in Finland. (18.11.2005/896) 
  IP/N/1/FIN/P/5 
 Page 31 
 
 
  For the purposes of the second paragraph of Section 2, the publication of a European patent 
application pursuant to Article 93 of the European Patent Conve ntion shall be equivalent to 
the application becoming available to the public  pursuant to Section 22. This shall also apply 
to publication referred to in Ar ticle 158(1) of the Convention if  said publication is ruled by 
the European Patent Office to be equivale nt to publication pursuant to Article 93. 
 Section 70 n  (22.12.1995/1695) 
 If a European patent applica tion has been published under Articl e 93 of the European Patent 
Convention and a translation into Finnish of th e patent claims as worded when published has 
been filed with the Patent Authority, the Patent Authority shall make the translation available to anyone and make an announcement in Finnish a nd 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 neces sary, available to the 
public in Finnish and Swedish.  If anyone uses an invention commercially for which patent protection is sought by a European patent application after the announcement under subsect ion (1) has been made, the 
provisions concerning patent infr ingement apply correspondingly if  the applicati on results in 
a patent for Finland. In such case, however, the patent protection only extends to that 
revealed in both the patent claims as worded  when published and the claims according to the 
patent. Punishment cannot be imposed in this  case and damages for such use may only be 
determined under section 58(2). (18.11.2005/896)  The provisions of the third paragraph of S ection 58 shall not apply if the action for 
compensation is brought within one year after the period for opposition against the patent has expired or, if opposition has been lodged, within one year after the decision by the European 
Patent Office to maintain the patent.  Section 70 o  (22.12.1995/1695) 
 If a European patent application or request th at such application shall designate Finland has 
been withdrawn, this shall have the same e ffect as withdrawal of a national patent 
application. The same shall apply in respect of  a situation where an application 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 12 1 of the Convention. 
 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 coin cide with the wording of the 
documents in the language of the proceedings be fore 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. IP/N/1/FIN/P/5 
Page 32  
 
   
Section 70 q  (22.12.1995/1695) 
 If the applicant or the proprietor of a patent f iles with the Patent Authority a correction of the 
translation referred to in Sect ion 70h and pays the prescribed fee for printing the corrected 
translation, the corrected transla tion shall apply in place of the original translation. Once the 
correction has been filed and th e fee paid, and if the original translation is available to 
anyone, the Patent Authority shall without de lay announce said correction in Finnish and 
Swedish and, as soon as possible, make copies of the corrected transl ation obtainable from 
the Patent Authority.  If the applicant files a correction of the translation refe rred to in Section 70n, the Patent 
Authority shall without delay make an annou ncement of the correction in Finnish and 
Swedish and keep the corrected  translation available to an yone. After the announcement the 
corrected translation shall apply in  place of the original translation. 
 If anyone, before the corrected translation b ecame valid, has, in good faith, begun to use the 
invention commercially in this country in a manner which accord ing to the earlier translation 
did not constitute infringement of the right of th e applicant or of the proprietor of the patent, 
or has made substantial preparations therefor, he  shall enjoy the right specified in the second 
and third paragraphs of Section 71c.  Section 70 r  (22.12.1995/1695) 
 If the applicant or the proprietor of a patent has failed to observe the time limit prescribed in the European Patent Conventi on, but the European Patent Office, nevertheless, under 
Article 122 declares that no loss of right has ensued, this shall have the same effect also in 
Finland.  If anyone, after the loss of right has ensued  but prior to the announc ement by the European 
Patent Office of the declaration referred to in  the first paragraph, began, in good faith, to use 
the invention commercially in this  country or made substantial pr eparations therefor, he shall 
enjoy the right specified in the second  and third paragraphs of Section 71c. 
 Section 70 s  (22.12.1995/1695) 
 If a European patent applicati on which has been filed 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 application, at the 
request of the applicant, the Pa tent Authority shall take up the application as converted to a 
national application, provided: 
 (1) that the request is filed w ith the authority which received the patent application within 
three months from when the applicant was notif ied by the European Patent Office that the 
application was deemed withdrawn;   IP/N/1/FIN/P/5 
 Page 33 
 
 
  (2) that the request is received by the Finnish Patent Authority within 20 months from the 
date of filing of the application or, if priority is claimed, the day from which priority is claimed; and  (3) the applicant pays, within th e prescribed time limit, the prescribed application fee and 
files a translation, pursuant to the fifth paragraph of Section 8, of the patent application. 
 If an application for a European patent sh all be deemed to be withdrawn because the 
European Patent Office did not receive the tr anslation in the language of the proceedings 
within the prescribed time limit, at the request of  the applicant, the Patent Authority shall take 
up the application as converted to an application for a national patent, in compliance with the provisions of Articles 135 and 136  of the European Patent C onvention. The applicant shall 
also pay the prescribed application fee and f ile the translation of the patent application 
according to the fifth paragraph of Section 8 within the prescribed time limit.  If the patent application referre d to in the first and second para graphs fulfills the requirements 
regarding the form of the appl ication laid down in the European Patent Convention and its 
Implementing Regulations, it shall be accepted in this respect. 
 
 
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 ot her documents in proceedings and matters 
concerning the patent, with the exception of wr its of indictment in penal cases and of 
summonses to appear personally before a cour t. The name of the representative appointed 
shall be communicated for recording in the Patent Register. (30.6.2000/650) 
 If the proprietor of a patent ha s not appointed a repr esentative pursuant to  the first paragraph 
of this Section, notification can be effected by sending the docume nt 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 an nouncement in the patent gazette. Notification 
shall be deemed to have been effected when the procedure described herein has been completed. (21.3.1997/243)  Subject to reciprocity, the Government may d ecree that the first and second paragraphs of 
this Section shall not apply to the proprietor of a patent domiciled in a specified foreign 
country, or to the proprietor of a patent havi ng a representative domiciled in such country, 
provided the name of the representative is comm unicated for recording in  the Patent Register 
of Finland and is authorized as prescribed  in the first paragraph of this Section. 
 If it has not been possible to notify the pers on who has filed an opposition of a decision 
concerning the opposition at the address he has furnished, notif ication may be effected by IP/N/1/FIN/P/5 
Page 34  
 
  announcement in the patent gazette. Notification sh all be deemed to have 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 propr ietor of a patent, in a case other than the one referred to in 
subsection (2), has suffered loss of rights becau se he or she has not taken action before the 
Patent Authority within the tim e limit laid down in this Act or its Regulations, but has taken 
all due care required by the circumstances to obser ve the time limit, and if that person takes 
such action within two months of the time at which the caus e 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 d eemed to have been done within the prescribed 
time limit. If the applicant or the proprietor of a patent wishes to obtain such declaration, the 
applicant or the proprietor must inform the Pa tent Authority about it in writing within the 
time limits laid down for taking the action, and pay the prescribed fee. (18.11.2005/896) 
 If a patent applicant has suffered loss of righ ts in the observation of the time limit under 
section  6(1), the provisions of subsection (1) will  apply, provided that the request is filed and 
the prescribed fee paid not later than within  two months from the time limit prescribed in 
section 6(1). (18.11.2005/896)  Subsections (1) and (2) of this section also apply to interna tional applications 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 Pa tent Authority. (18.11.2005/896) 
 However, a request filed in accordance with the provisions of subsection 1, 2 or 3 may not be 
refused, nor may its admittance be refused, until the patent 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 with in the prescribed time limit, but where the 
applicant performs the required act within two months of the time at which he realized or 
should have realized that the time limit has been exceeded, but in  no event later than one year 
after expiration of the time limit, the Patent Authority shall declare that the act is to be deemed to have been done w ithin 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, natural disaster or other like reason 
in the locality in which the sender was stayi ng or carrying on business, and the document or 
fee was mailed to the Patent Authority within five days of the resumption of the postal service, or   IP/N/1/FIN/P/5 
 Page 35 
 
 
  (2) if the document or fee was mailed to the Pate nt 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 coul d reasonably assume that  the dispatch should 
reach the Patent Authority w ithin two days of mailing. 
 Where the applicant requests a declaration under the first paragr aph of this Section, he shall 
advise the Patent Authority in writing to that effect within the time limit for taking the action 
laid down in that paragraph.  Section 71 c  (6.6.1980/407) 
 If a request under Section 71a or 71b is granted a nd if, as a result, the ex amination of a patent 
application that has been dismissed or reject ed after becoming available to the public under 
Section 22 is resumed or a lapsed patent is rein stated, 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 dismissed application or after a rejection has 
become final or a patent has lapsed, but befo re such announcement is made, may nevertheless 
continue to exploi t the invention provided he maintains the general nature of the exploitation. 
The right to exploit an inven tion shall be granted, on the sa me conditions, to anyone who has 
made substantial preparations for su ch exploitation in this country. 
 The right under the sec ond paragraph of this Section may only be transferred to another 
person together with the busine ss in which it originated or in which exploitation of the 
invention was intended.  Section 72 (21.3.1997/243) 
 Appeals from final decisions by th e Patent Authority under this Ac t, other than those referred 
to in Section 26, and appeals from decisions pursuant to Sections 42, 71a and 71b, shall be 
lodged with the Board of Appeal of the Na tional Board of Patents and Registration of 
Finland. Separate provisions shall apply to the appeal procedure and the proceedings in the 
Board of Appeal.  Section 73  (13.11.1992/1034) 
 The amounts of the fees to be paid under this Ac t shall be laid down in separate provisions. In 
that connection it may be decreed that one or mo re of the initial fee years shall be exempt 
from renewal fees. 
 
Section 74 
 
More specific provisions concerning patent ap plications, announcements in respect of patent 
matters, printing of the application documents , opposition proceedings, the Patent Register 
and the Patent Authority shall be decreed by the Government. (21.3.1997/243) 
 IP/N/1/FIN/P/5 
Page 36  
 
  The Government may decree that th e Patent Authority be entitled to divulge, at the request of 
the authorities of another countr y, details of the processing of patent applications in this 
country and that the authorities of another country or an inte rnational institution may, at the 
request of the Patent Authority, undertake the examination of patent applications. 
 The Government may also decree that an applican t seeking a patent in respect of an invention 
for which an application has been filed in another country or with an international 
organization shall disclose information given to  him by the authorities of such other country 
or by the international organi zation regarding the examinati on 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 inte rnational preliminary exam ination and the report 
on the patentability of the invention has been received by the Patent Authority. 
(6.6.1980/407)2  
Section 75 
 
If the country is at war or in danger of war,  the Government may d ecree, where required by 
the public interest, that the righ t to a given invention shall be surrendered to the State or to 
another party designated by the Government. R easonable compensation shall be paid for the 
right to the invention thus su rrendered. If no agreement is r eached on compensation with the 
party entitled to compensation, the c ourt shall determine the compensation. 
 Where a party other than the State has availed its elf of the right to an invention pursuant to 
the first paragraph and if such party does not fulfill its  obligations with regard to 
compensation, the State shall pay the compensa tion 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 not included) 
__________