WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/FIN/I/3 
16 February 2012 
 (12-0886) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND 
  The present document reproduces the text
1 of the Act on the Right in Inventions made at 
Higher Education Institutions, as notified by Finland on 10 February 2011 un der Article 63.2 of the 
Agreement (see document IP/N/1/FIN/3). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
FINLANDE 
  Le présent document contient le texte
1 de la Loi sur le droit aux inventions réalisées dans les 
établissements d'enseignement supérieur, notifiée par la Finlande le 10 février 2011 au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/1/FIN/3).  
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
FINLANDIA 
 
 En el presente documento se reproduce el texto
1 de la Ley relativa al derecho sobre las 
invenciones realizadas en instituciones de enseñ anza superior, notificada por Finlandia el 10 de 
febrero de 2011 en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el 
documento IP/N/1/FIN/3). 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
   IP/N/1/FIN/I/3 
 Page 3 
 
 
   
    
 
    
 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS 
AND REGULATIONS 
(in English) 
   
Unofficial translations 
 
 
  
PATENTS (Including plant variety protection and utility model protection 
and related legal instruments) 
   
    IP/N/1/FIN/I/3 
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  ACT ON THE RIGHT IN INVENTIONS MADE AT HIGHER EDUCATION INSTITUTIONS 
 (Unofficial translation) 
 
Section 1 - Scope of the Act   
 
This Act applies to inventions patentable in Finl and and made by persons employed by Finnish higher 
education institutions (HEI) during employment.   This Act also applies to inventions patentable in Finland and made at Finnish higher education 
institutions by persons holding a research pos t funded by the Academy of Finland.  
 If under this Act the HEI claims a right in the inventio n which will restrict the inventor's right to apply 
for a patent for the invention, the invention will be deemed to be an inventi on patentable in Finland, 
unless the HEI presents probable reasons for obstacles to the grant of a patent.  
 
Section 2 - Purpose of the Act   
 The purpose of this Act is to promote the recogniti on, protection and exploitation of inventions made 
at Finnish HEIs, as appropriate from the inventor's, the HEIs' and society's perspective.   
Section 3 - Definitions   
 For the purposes of this Act, the term:   1) institution of higher education  refers to universities under section 1 of the Universities Act, the 
National Defence College under section 4 of th e Act on the Defence Forces (402/1974), the 
polytechnics under the Polytechnics Act (351/2003), as well as separate departments under the HEIs 
or shared by several HEIs.   2) open research  refers to  
 
a) research performed in employment for the fulf ilment of the research duties of the HEIs, without 
outside funding and without external contract ual partners participating in the research;  
 b) research performed with the funding of an exte rnal party but which does not imply any provisions 
other than those related to the publication of the results; or  
 
c) research which would otherwise meet the crite ria of collaborative research, had the HEI and the 
research co-operation partner not expressly agreed be fore the start of the research that it is open 
research;   3) collaborative research  refers to  
 
a) research constituting chargeable services under the Ac t on Criteria for Charges Payable to the State 
(150/1992); or   b) research other than that referred to in pa ragraph 2 above or subpara graph a) of the present 
paragraph, involving at least one party external to the HEI, either as the party performing part of the 
research, a financier or other participant, and incl uding liabilities related to results or the mode of 
implementation of the research;   IP/N/1/FIN/I/3 
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  4) invention made under other circumstances  refers to an invention under the scope of this Act, made 
during operations other than the research referred to in paragraphs 2 or 3.  
 Section 4 - Right in an invention   
 
The person making an invention covered by the scope of this Act has the same right in the invention 
as any other inventor, unless otherwise provided in this Act or any other Act. The person making an 
invention covered by the scope of this Act has the right to be recognised as the inventor.   Section 5 - Invention disclosure notification   
 
The inventor must inform the HEI without delay af ter having made an invention covered by the scope 
of this Act. The invention disclosure notification must be made in writing, and the inventor must 
specify his/her view on whether the invention was made in open or collaborative research or under 
other circumstances. If there are several inventors of an invention, they must file a joint invention 
disclosure notification.  
  The invention disclosure notification must contain su fficient information about the invention to enable 
the HEI to evaluate the inventi on, as well as information about each of the inventors. Moreover, the 
inventor must at request provide the HEI with other necessary information about the invention.  
 
The HEI must provide the inventor with written notice of the admissible measures under this Act 
without undue delay and no later than within two m onths from the date in which the HEI has received 
the invention disclosure notification with the su fficient information. The invention disclosure 
notification must also specify whether the HEI agrees with the inventor's view on whether the 
invention was made in an open or collaborative rese arch situation or under other circumstances. If the 
invention disclosure notification made by the inventor does not meet the requirements under 
subsections 1 and 2, the HEI must notify the invent or in writing of the deficiency without delay.  
 Section 6 - The HEI's right in the invention in open research   
 The HEI can acquire the rights in the invention ma de in open research if the inventor has not 
published the invention or notified his/her willingness to exploit the invention within six months of 
the invention disclosure notification under section 5(1). The notification regarding the acquisition of the rights must be made in writing, and before the notification is issued, the HEI must enquire of the 
inventor whether he/she intends  to exploit the invention.  
 
If the HEI fails to make the notification under secti on 5(3) within the given time limit, the HEI is 
deemed to have waived its secondary right in the invention as referred to in this section.  
 Section 7 - The HEI's right in the inventi on in collaborative research  
 
The HEI will have the right to acquire the right in the inventions made in collaborative research within six months from the notification under section 5(1). The notification related to the acquisition 
of the rights must be made in writing.   If the HEI fails to make the notification under secti on 5(3) within the given time limit, the HEI is 
deemed to have waived its rights in the invention as referred to in this section.  
 
When the HEI has acquired the rights in the inven tion under this section, the inventor must, upon the 
demand of the HEI, sign the deed of transfer regarding the invention as well as other necessary documents without delay.    IP/N/1/FIN/I/3 
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  Section 8 - The right of the HEI in the in vention under other circumstances   
 The HEI takes priority in negotiating with the inventor  on the rights in the invention if the invention 
under the scope of this Act has been made in a manner referred to in section 3(4).  
 
If the invention referred to in subsection 1 is necess ary for the operation of the HEI, the HEI has the 
right, in addition to the priority referred to in subs ection 1, to obtain the ri ght to use the invention 
against reasonable compensation.   Section 9 - Compensation  
 
When the HEI has acquired the rights in the inven tion under this Act in a manner referred to in 
sections 6—8, the inventor will ha ve the right to obtain reasonable compensation for the invention. A 
contractual clause through which the inventor wa ives his/her right to reasonable compensation and 
stipulated prior to the conception of the invention, will be void.  
 
When determining the amount of the compensation, the circumstances contributing to the conception 
of the invention, as well as the returns on the i nvention to the HEI, must be taken into account.  
 The HEI must provide the inventor with the n ecessary information for the determination of the 
compensation.  
 
Section 10 - Adjustment and limitation of compensation   
 Notwithstanding any provisions in an agreement, decision or judgement on the compensation under section 9, a court of law can issue a different ruling on the compensation if this is justified by 
materially changed circumstances. However, the in ventor cannot be obliged to refund compensation 
already paid.   The provisions of the Contracts Act (228/1929) appl y regarding the adjustme nt of an unreasonable 
condition in a contract concerning the ri ght in an invention under this Act.  
 
If a claim for compensation has not been instituted within ten years from the HEI's notification of 
claiming the right in the invention, the right to brin g action has been lost. If a patent for the invention 
has been applied for, the action can, however, always  be instituted within one year from the grant of 
the patent.   
Section 11 - Publication of research outcome   
 Unless otherwise agreed, the inventor must not p ublish the research outcome in a manner that would 
jeopardise the protection or other exploitation of th e invention, if the HEI is entitled to acquire the 
rights in the invention under section 7. Before th e expiration of the time limit under section 7(1), the 
inventor must not file a patent application for an invention made in collaborative research or 
otherwise dispose of an invention, unless the HEI in forms the inventor in writing that the HEI will not 
acquire rights in the invention or will give the inve ntor permission to patent  his/ her invention.  
 The HEI must not disclose the information given to it  about the invention until the invention has been 
protected in a sufficient manner and there are no other particular reasons for confidentiality.  
 
Notwithstanding the provisions of subsection 2 a bove, the HEI can disclose information about the 
invention to the parties of the research co-ope ration if the research contracts provide for the 
exploitation, transfer or notification of the results, or to other parties if such disclosure is necessary for 
the exploitation of the invention.  In that case the HEI must ensure  that the dissemination of the IP/N/1/FIN/I/3 
Page 8  
 
  information does not jeopardise the protection, exploitation or the primary scientific publication right 
of the inventor.   Section 12 - Discharging the burden of proof   
 
The HEI must prove it has the right, as referred to in sections 6—8, to acquire the rights in the 
invention.   Notwithstanding the provisions of subsection 1 above , the inventor must clarify the circumstances 
under which the invention was made, if it was made in close connection with a collaborative research 
project. If the invention was made at the earliest after six months from the end of a collaborative 
research project, the invention must be deemed to have been made in open research, unless the HEI presents very cogent reasons according which the i nvention is materially based on a collaborative 
research project.   
If a patent is applied for such invention which,  had the employment continued, would have been 
covered by the scope of this Act, or other measur es are taken for its exploitation within six months 
from the termination of an employment relationship,  the invention is deemed to have been made 
during the period of employment unless the inventor  shows probable reasons demonstrating that the 
invention was made during a period after the employment.   
Section 13 - Solving of disputes   
 The Employee Invention Committee referred to in se ctions 11, 11a and 11b of the Act on the Right in 
Employee Inventions is competent to give opinions on matters related to the scope of this Act.  
 
The Helsinki District Court will be the competent cour t of law for disputes related to the scope of this 
Act. Where applicable, the provisions concerning liti gation in patent matters must be applied.  
 Section 14 - Issue of further provisions   
 Further provisions, common to the HEIs, on filing of the invention disclosure notification, the 
procedures to be followed for the transfer of right s, and payment of compensation may be issued by 
Government Decree.   The HEIs may issue more detailed orders on the app lication of this Act following the order laid down 
in the Acts regulating the HEIs.  
 
Section 15 - Transition period and entry into force   
 This Act will enter into force on January 1 2007. Measures necessary for the implementation of this 
Act may be undertaken before the entry into force of the Act.   
Regarding the inventions made before the entry into  force of this Act, the provisions under legislation 
in force at the moment of the invention will prevail.   This Act will not apply to research contracts alr eady concluded or research projects initiated before 
the entry into force of the Act. This Act also will not apply to inventions subject to contractual 
obligations arising prior to the entry into force of the Act. 
  
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