Patent and what can be protected by patents

Patent is a way of protecting the invention so that others may not take advantage of the results of the inventor’s creative activity without permission. A patent application alone is sufficient to provide a temporary protection against unauthorized use. A granted patent or patent application may also be sold or licensed entirely or in part.

A patentable invention is based on an idea or insight that solves some technical problem. The invention may be a product or a device, a process or even a new way of using a known product or device. The invention must be novel and industrially applicable, and it must be essentially different from what has been known before the filing date of the patent application.

Employee’s inventions

In principle, every inventor has the right to his or her invention. If the invention has been made during employment and it is relevant to the employer’s business operations, the employer is entitled to gain possession of the invention entirely or in part against compensation. In Finland, employee’s inventions are regulated by law.

Applying for a patent in Finland

A patent is applied for in writing from the National Board of Patents and Registration of Finland (patent office). The application must contain a description of the invention, i.e. specification. In addition, the novel and unique features of the invention need to be precisely stated in the claims, as well as the subject matter that the exclusive right is applied for.

The claims are the core of the application, since they define the scope of protection of the patent. The description shall be sufficiently clear to enable a person skilled in the art, with the guidance thereof, to carry out the invention. It is advisable to search out professional help when drafting an application. Also examples of the function of the invention as well as drawings illustrating the invention are often attached to the specification.

A patent application can according to the choice of the applicant be drafted in Finnish, Swedish or English. The applicant can request that the whole prosecution process until grant is conducted in English for an application drafted in English and filed on or after 1.11.2011. The claims and the abstract of an application drafted in English must be translated into Finnish or Swedish before the application becomes public. The claims of an application drafted in Finnish or Swedish must accordingly be translated into Swedish or Finnish before the application becomes public. There will thus in the future be patents in force in Finland where the description is in English and only the claims have been translated into Finnish or Swedish.

The patent office examines the patentability of the application, issuing official actions and decisions. After the patent has been granted, a 9-month opposition period begins, during which third parties can file oppositions against the granted patent. In cases where the description of the patent is drafted in English, the proprietor must in response to a request presented during the opposition period, submit a translation of the description into the same language in which the translation of the claims has been submitted. Anyone can present such a request regardless of the fact whether an opposition is filed or not.

The granted patent remains in force for 20 years from the filing date provided that the prescribed annual fees are paid.

Priority

The so-called priority system lends the applicant the possibility of postponing the extending of the patent’s scope of protection abroad for 12 months, starting from the filing day of the first application. The postponement provides time for clarifying the patentability and industrial applicability of the invention before expensive applications are filed abroad. In most countries, the 12-month time limit for utilizing priority is absolute.