Patents Laws in Finland
Here’s a detailed overview of Patent Laws in Finland:
1. Legal Framework
Patents in Finland are governed primarily by the Finnish Patents Act (Act on the Protection of Inventions by Patents, 1967, latest amendments).
Finland is a member of the European Patent Organisation (EPO) and the European Patent Convention (EPC).
Finnish patent law is harmonized with the European Patent Convention and complies with EU directives on intellectual property.
2. Patent Protection
Patents protect inventions that are:
New (novel),
Involve an inventive step (non-obvious),
Industrial applicability (useful in industry or agriculture).
Patent protection lasts for 20 years from the filing date.
Patent rights are territorial; Finnish patents protect inventions within Finland.
3. Patent Application and Grant Process
Applications can be filed with the Finnish Patent and Registration Office (PRH) or via the European Patent Office (EPO) for a European patent validated in Finland.
Applications must include:
A detailed description of the invention,
Claims defining the scope of protection,
Drawings (if necessary),
An abstract.
The PRH conducts formal examination; substantive examination is limited.
European patents undergo substantive examination by the EPO.
After grant, patents are published and rights become enforceable.
4. Rights Conferred
Patent holders have the exclusive right to prevent others from making, using, selling, or importing the invention without consent.
Rights can be licensed, assigned, or used as security.
5. Limitations and Exceptions
Certain subject matters are excluded, such as:
Discoveries, scientific theories, and mathematical methods,
Methods for treatment of the human or animal body,
Plant or animal varieties.
Limited exceptions for experimental use or private use apply.
6. International Treaties
Finland is a party to several international treaties, including:
Paris Convention for the Protection of Industrial Property,
Patent Cooperation Treaty (PCT),
European Patent Convention (EPC),
TRIPS Agreement under the WTO.
These enable Finnish applicants to protect inventions internationally.
7. Enforcement
Patent infringement cases are handled in Finnish civil courts.
Remedies include injunctions, damages, and account of profits.
Courts may invalidate patents that do not meet legal requirements.
Summary
| Aspect | Details |
|---|---|
| Governing Law | Finnish Patents Act, EPC, EU directives |
| Patent Duration | 20 years from filing date |
| Patent Office | Finnish Patent and Registration Office (PRH) |
| Examination | Formal at PRH, substantive at EPO (for European patents) |
| Patentability Criteria | Novelty, inventive step, industrial applicability |
| Exclusions | Discoveries, methods of treatment, plant varieties |
| International Treaties | PCT, EPC, Paris Convention, TRIPS |
| Enforcement | Finnish courts; injunctions, damages, invalidation |
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