WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/FIN/P/19 
20 February 2012 
 (12-0941) 
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 Decree on Utility Model Rights, as notified 
by Finland on 10 February 2011 under 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 du Décret sur les droits de modèle d'utilité, notifié 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 del Decreto sobre Derechos de Modelos de 
Utilidad, notificado por Finlandia el 10 de febrero de 2011 en virtud del párrafo 2 del artículo 63 del 
Acuerdo (véase el documento IP/N/1/FIN/3). 
                                                      
1 In English only./En anglais seulement./En inglés solamente.  IP/N/1/FIN/P/19 
 Page 3 
 
 
   
    
 
    
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS 
AND REGULATIONS 
(in English) 
   
Unofficial translations 
 
 
  
PATENTS (Including plant variety protection and utility model protection 
and related legal instruments) 
   IP/N/1/FIN/P/19 
 Page 5 
 
 
  DECREE ON UTILITY MODEL RIGHTS 
 (Unofficial translation) 
 
No. 1419 of December 5, 1991, as amended by D ecrees No. 1701 of December 22, 1995 and No. 119 
of February 26, 1996. An updated translation includi ng the latest amendments shall be submitted at a 
later stage.  
Utility Model Applications and Record of Applications 
 
Section 1 
 
A utility model application consists of an a pplication document and accompanying documents. 
 The provisions in this Decree concerning utility mode l applications shall only apply, unless otherwise 
specified, to:  
 (1) Finnish utility model applications;   (2) international utility model applications pursued  in Finland under Section 45d of the Act on Utility 
Model Rights or accepted for examination under S ection 38 of the Patents Act (No 550/67); and 
 
(3) European patent applications converted into national utility model applications.  
 
Section 2 
 The application document shall be signed by the applicant or his representative and shall state: 
 1) the name, domicile and address of the applicant and,  if the applicant has appointed a representative, 
the name, domicile and address of the representative;  2) the name and address of the inventor; 
 
3) a concise and factual title for the invention to which the utility model application relates;  4) a statement as to whether priority under Secti on 5 of the Act on Utility Model Rights (800 /91) is 
claimed; 
 
5) where registration of a utility model is applied for by several persons jointly, a statement as to 
whether one of such persons is entitled to receive  communications from the Registering Authority on 
behalf of all applicants;   6) a statement as to whether the applicant requests fo r an examination under Section 12 of the Act on 
Utility Model Rights; 
 7) a statement as to whether the applicant request s a postponement of the registration of the utility 
model under Section 18 of the Act on Utility Model Rights;  
8) where the application includes the deposit of a culture of a microorganism, a statement 
corresponding to the statement under Section 17b of the Patents Decree; and   9) a list of the documents accompanying the application document.  IP/N/1/FIN/P/19 
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  Section 3 
 
The following documents shall accompany the application document:  1) a description of the invention together with a pict ure or pictures to illustrate the invention, and one 
or more claims; 
 2) if the applicant has appointed a representativ e, a power of attorney for the representative; 
 3) if the invention has been made by someone ot her than the applicant, a deed establishing the 
applicant's title to the invention 
 4) a receipt for the payment of the registration fee;  5) where an examination under Section 12 of the Act on Utility Model Rights has been requested, a 
receipt for the payment of the examination fee. 
 
Section 4 
 
If the document is not written in one of the languages laid down by the first paragraph of Section 7 of 
the Act on Utility Model Rights, the applicant sha ll also submit to the Registering Authority a 
translation of the document into Finnish or Swedish.  For a document other than a description or claim, 
the Registering Authority may waive the requirement for a translation or may accept a translation into 
a language other than Finnish or Swedish.  
Section 5 
 
Where a utility model application is made by conver ting from a patent application, the applicant shall 
in connection with the application state the date on which the patent application forming the basis of 
the application was made or is deemed to have b een made, and the number of the patent application. 
The documents required, however excluding the description, claim, and copies of pictures, are 
transferred ex officio from the patent applicati on to a utility model application of this kind. 
 
A request for the postponement of registration under Section 18 of the Act on Utility Model Rights 
shall be filed in connection with the filing of  the utility model application. A request filed 
subsequently shall not be granted.   Section 5a 
 
The provisions of Sections 52r and 52s of the Pa tents Decree shall mutatis mutandis apply to the 
conversion of a European patent application into a national utility model app lication under Section 8a 
of the Act on Utility Model Rights. The provisions of  the second paragraph of Section 7 of the Act on 
Utility Model Rights shall mutatis mutandis apply to the application fee. 
 
Section 6 
 
The Registering Authority shall enter on the utility  model application the a pplication number and the 
date on which it was received at  the Registering Authority. 
 
Section 7 
 
The Registering Authority shall keep a record of ut ility model applications received. The application 
is entered in the record on payment of the registra tion fee. The record shall be accessible to the public.  IP/N/1/FIN/P/19 
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The following particulars shall be  recorded for each application: 
 1) the date on which the application was received and the application number; 
 
2) the classes according to the International Pate nt Classification assigned to the application; 
 3) the name, domicile and address of the applicant;  4) where the applicant has appointed a represen tative, the name, domicile and address of the 
representative; 
 5) the name and address of the inventor;  6) the title of the invention; 
 
7) where the application results from conversion of a previously filed patent application, the date on 
which the patent application was filed or is deemed to have been filed; 
 8) if the priority of an earlier application is clai med, the country where the earlier application given as 
the basis for the priority was filed, the filing date and serial number of that application; 
 
9) a statement as to whether the application is a Finni sh application or an international application or a 
European patent application converted  into a utility model application; 
 10) if the application is an international applicati on, the international filing date and the date on which 
he application was pursued under Section 45d of the Act on Utitily Model Rights or was filed under 
Section 38 of the Patents Act, and th e international application number; 
 10a) if the application has been converted from a European patent application into a national 
application, the filing date in accordance with the European Patent Conventio n and the date on which 
the application was filed with the Patent Author ity for conversion, and the serial number of the 
European patent application; 
 11) if the application results from division, the serial number in the record of applications and the filing date of the original application;  
12) if a new application results from the division, the serial number in the record of applications of the 
new application;   13) if the application file has been made availabl e to the public under Section 18 of the Act on Utility 
Model Rights, the date on which it became available;  
14) a statement as to whether an examination unde r Section 12 of the Act on Utility Model Rights has 
been requested for the application;  15) the documents filed and fees paid in respect of the application;   
16) decisions taken in respect of the application. 
 IP/N/1/FIN/P/19 
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  Section 8 
 
Where notice is given to the Registering Authority that an invention for which a utility model right has been sought has been assigned to another pers on, the latter person shall be recorded as the 
applicant in the record of applications only  if proof of the assignment is furnished. 
 
Priority 
 
Section 9 
 To enjoy priority under Section 5 of the Act on Utility  Model Rights, the applicant must claim priority 
in the application filed in Finland and therein st ate where and when the application given as a basis 
for the priority was filed and, as soon as possible, its serial number. If the application is made through 
conversion under Section 8 of the Act on Utility M odel Rights, the claim to priority shall apply 
without a separate request also to the new application resulting from conversion. 
 
Section 10 
 
The Registering Authority may through official ac tion request the applicant to prove the claimed 
priority by submitting the authority within the pr escribed time limit a certificate issued by the 
authority with which the application for which priority  is claimed was filed, stating the filing date of 
the priority application and the applicant's name an d also a copy of the application certified by that 
same authority. The copy shall be filed in the form prescribed by the Registering Authority. 
 
Section 11 
 Priority may only be based on the first appli cation in which the invention was disclosed.  
 If the person who filed the first app lication or his successor in title h as filed a subsequent application 
with the same authority, relating to the same inve ntion, the subsequent application may be cited as a 
basis for priority, provided that at the time of fili ng of the later application the earlier application was 
withdrawn, dismissed, or rejected without having become available to the public and without there 
being any rights subsisting, and had not served as a basis for priority. Where priority has been 
obtained on the basis of the subsequent application, the prior application may no longer serve as a basis for claiming priority.  
Section 12 
 
An application may claim priority deriving from seve ral earlier applications even where they have 
been filed in different countries.  
Claim  
 
Section 13 
 
The claim shall contain:  1) the title of the invention; 
 
2) a statement identifying the art in relation to whic h the invention is new (prior art), where necessary; 
and  3) a statement of the new and characteristic features of the invention.  IP/N/1/FIN/P/19 
 Page 9 
 
 
   
A utility model application may incorporate more than  one claim. If an application includes more than 
one claim, they shall be arranged and numbered consecutively.  Each claim may relate to one invention only. 
 
Where a utility model application contains several i nventions, they shall be interdependent. In this 
case there shall be a technical connection between all of  the inventions in that they have, in whole or 
in part, the same or similar special technical char acteristic. The term special technical characteristic 
shall mean the technical feature contributed by  each single invention going, in considering the 
invention as a whole, beyond the state of the art. 
 The question whether the inventions share a technical  characteristic shall be determined irrespective 
of whether they are stated in separate patent claims or as alternatives in a single claim.  
 
A claim may not contain any matter irrelevant to the invention disclosed therein or irrelevant to the 
exclusive right claimed by the applicant.  
Description 
 
Section 14 
 
The description may contain only subject matter that  assists in understanding the invention. Where a 
newly-coined word or a technical term that is not generally accepted has to be used, such term shall be 
explained. The designations and units of measureme nt may not depart from those in general use in 
Finland. 
 
Where the invention relates to a product of a microbiological process and a culture of the microorganism shall be deposited under the second paragraph of Section 6 of the Act on Utility 
Model Rights, the applicant shall in his applica tions documents give a ll relevant information 
regarding the characteristics of the microorganism  that are available to him. The Registering 
Authority shall be notified of the deposit. The provisions of Section 17a, the third and fourth 
paragraphs of Section 17b, Sec tion 17c and Sections 25a, 25c a nd 25d concerning the deposit of a 
microorganism, shall apply mutatis mutandis to the de posit of a microorganism that is the subject of a 
utility model application.  
Pictures 
 
Section 15 
 
By a picture is meant a drawing, a photograph or similar. The pictures shall be so accurate as to 
clearly disclose the object for which protection is s ought. The pictures shall be in black and white and 
reproducible. They may not exceed  the size of an A4 sheet. 
 
Amendments to utility model applications 
 
Section 16 
 Claims may not be amended to include subject ma tter not disclosed in the original utility model 
application. Where a claim is amended to add new f eatures, the applicant shall at the same time state 
where those new features are to be found in the basic document. 
 IP/N/1/FIN/P/19 
Page 10  
 
  If more than one invention has b een disclosed in the basic documen ts, the applicant may divide the 
application into more than one application. A new application resulting from division may not 
encompass subject matter that was not discl osed in the original application. 
 Where an application is divided because it contains  more than one mutually  independent invention 
and there is no technical connection between the inventions, the new application shall only be 
considered to have been filed at the same date as the original application if the new application has 
been filed no later than two months after the reduction of the original application. 
 
Utility Model Register  
 
Section 17 
 
A utility model is recorded in the Utility Model Regi ster provided it meets the requirements set in the 
second and third paragraphs of Section 1,  and Sections 6 to 12 of the Act. 
 
The following particulars shall be recorded in the register: 
 1) the serial number in the record of applications of the application, the registration number of the utility model and the classes accordi ng to the International Patent Classification to which the utility 
model is assigned; 
 
2) the name, domicile and address of the proprietor of the utility model; 
 3) where the proprietor of the utility model has a ppointed a representative, the name, domicile and 
address of the representative; 
 
4) the name and address of the inventor;  5) the following dates:  
a) the filing date of the application; 
 
b) if the utility model application results from conversion of a patent application in 
accordance with Section 8 of the Act on Utility M odel Rights, the filing date of the patent 
application;  
c) if the application is an international applica tion, the international filing date and the date on 
which the utility model was pursued in accord ance with Section 45d of the Act on Utility 
Model Rights or on which the application was f iled under Section 38 of the Patents Act, and 
the internation application number;  d) if the application has been converted from a European patent application into a national 
application, the filing date in accordance with  the European Patent Convention and the date 
on which the application was filed with the Pa tent Authority for conversion, and the serial 
number of the European patent application;  e) the date on which the application documents  have been made available to the public; 
 
f) the date of registration of the utility model; 
 6) priority, where claimed, together with an indi cation of the country where the application given as 
the basis for priority was filed, the filing da te of that application and its serial number;  IP/N/1/FIN/P/19 
 Page 11 
 
 
   
7) if the application results from division, the serial number of the parent application;  8) a statement as to whether the application has b een the subject of an examination under Section 12 
of the Act on Utility Model Rights; 
 
9) if the invention relates to a product of a microbi ological process, a statemen t as to whether a culture 
of the microorganism has been deposited; and  10) the title and picture of the invention. 
 
Section 18 
 
The public notice under Section 17 of the Act on Utility  Model Rights concerning the registration of a 
utility model shall give the serial number and the cl assification according to the International Patent 
Classification of the utility model, the title and pictur e or pictures of the invention, where necessary, 
the name of the proprietor of the utility mode l and the serial number of the application, and a 
statement as to whether the application has been th e subject of an examination under Section 12 of the 
said Act.  
Section 19 
 
Any claim made to the Registering Authority to have the registration of a utility model declared 
invalid and any notification made to the Registeri ng Authority by a person that he has taken legal 
action to have a utility model right transferred or to  obtain a compulsory license shall be recorded in 
the register. 
 
The communication of copies of court decisions to the Registering Authority in accordance with 
Section 45 of the Act of Utility Mode l Rights, or decisions taken by the Registering Authority in cases 
referred to in paragraph 1 concerni ng claims to have a utility model declared invalid, shall be recorded 
in the Utility Model Register. Once the decision becomes final, a note shall be made in the register in 
such a way that the main findings of the case are apparent in the register. 
 
Section 20 
 
Entries under Section 28 and 29 of the Act on Utility  Model Rights shall include the name, domicile 
and address of the proprietor of the right and the da te of the transfer or grant of the license or 
pledging. In the case of a license, it shall be stated, on request, whether the right of the proprietor of 
the utility model right to grant a dditional licenses has been limited. 
 Where it is not possible to take an immediate deci sion on the question of recording, an entry shall 
nevertheless be made in the register that a request has been made.  
The provisions of the preceding paragraph 1 shall correspondingly apply to the recording of a 
compulsory license and a right under Section 1 of the Act on Utility Model Rights.  
Section 21 
 Seizure of a utility model right to cover a debt sh all be recorded in the register when reported. 
 Any change reported in respect of a representativ e shall also be recorded in the register. 
 IP/N/1/FIN/P/19 
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  Section 22 
 
If the proprietor of a utility model right, in accordan ce with the first paragraph of Section 33 of the 
Act on Utility Model Rights, states that he waives the registration of his utility model and if a license 
on this model is recorded in the register, the hol der of the license shall be notified thereof and a 
reasonable period of time shall be reserved for hi m to assert his right in the case before the utility 
model is deleted from the register.  
Section 23 
 The renewal of a registration shall be r ecorded in the Utility Model Register.  
 A public notice regarding a renewal shall state the serial number of the utility model, the date on 
which the renewed term of protection begins and th e name and address of the proprietor of the utility 
model right. 
 
Section 24 
 
Once a registration has lapsed, the Registering Au thority shall remove the utility model from the 
register.  
Once the utility model has been removed from the regi ster or the utility model right by a final court 
decision has been assigned to another person, the Registering Authority shall give a public notice 
thereof.  
Examination by the Registering Authority 
 
Section 24a 
 
In examining an invention in accord ance with the third paragraph of Section 12 of the Act on Utility 
Model Rights, the Registering Authority shall consid er all facts that come to its attention. The 
examination at the Registering Authority shall be carried out on the basis of publicly available utility 
model or industrial design applications from Fi nland and of patent specifications, published 
specifications and publicly available internationa l applications from Finland, Norway, Sweden, 
Denmark, the United States of America, the United Kingdom, France, Germany, and the European Patent Office. Other available publications may also  be examined if found necessary. The Registering 
Authority shall notify of the result of the examin ation and issue a statement thereof where such 
statement specifically has been requested for. 
 
Receiving Office for International Applications  
 
Section 24b 
 The National Board of Patents and Registration of Finland shall be the receiving Office for 
international patent applications where the applicant or  one of the applicants is  a national of Finland, a 
natural person domiciled in Finland, a legal entity constituted according to Finnish law or anyone who 
carries on business in Finland.  
The provisions of Sections 46 to 51 and 51a of the Patents Decree shall apply mutatis mutandis to the 
receiving of international utility m odel applications at the Authority. The provisions of Sections 52 
and 52a to 52c shall mutatis mutandis apply to the pursuing of international utility model applications 
designating Finland.   IP/N/1/FIN/P/19 
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  Miscellaneous provisions  
 
Section 25 
 
A utility model application shall be classified acco rding to the International Patent Classification 
system. 
 
Section 26 
 
Public notices in respect of utility models shall be  given in a publication issued by the Registering 
Authority. 
 
Entry into Force 
 
Section 27 
 
This Decree shall enter into  force on January 1, 1992. 
  
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