FINLAND Law and Practice Contributed by: Rainer Hilli, Mikael Segercrantz, Johanna Lilja and Johanna Flythström, Roschier
1. Intellectual Property Rights and Granting Procedure 1.1 Types of Intellectual Property Rights Finland recognises patents and utility models as protection for inventions. In the pharmaceuticals sector, patent protection can be prolonged by supplementary protection certificates (SPCs). 1.2 Grant Procedure National patents can be sought through national applications. Applications are filed with the Finn- ish Patent and Registration Office (PRO). Patent applications are scrutinised and granted by the PRO. Utility model applications are also filed with the PRO and are subject to formal examination before being granted. Patent protection in Finland can also be sought by filing European and unitary patent applica- tions with the European Patent Office (EPO). Such applications must be validated in Finland to be valid there, and are examined and granted by the EPO. Finland is part of the unitary pat- ent system, and thus unitary patents are also applied for, examined and granted as enforce- able in Finland. 1.3 Timeline for Grant Procedure The term from filing a national patent application until granting is two-and-a-half to three years, on average. The term from filing a utility model is three months, on average. 1.4 Term of Each Intellectual Property Right The term for a patent is a maximum of 20 years, and the term for a utility model is a maximum of ten years.
1.5 Rights and Obligations of Owners of Intellectual Property Rights The holder of a patent or a utility model has the right to injunct third parties from using, importing or otherwise commercially utilising a protected invention. The patent or utility model rights are upheld through payment of annual fees. 1.6 Further Protection After Lapse of the Maximum Term When a patent’s term has lapsed for an innova- tion in the pharmaceuticals field, it is possible to prolong the patent’s term for a maximum of five- and-a-half years with an SPC. An SPC comes into force when the basic patent supporting the SPC expires, and can be in force for up to five years. This is the same as the period of time that elapses between the filing date and the grant- ing of the marketing authorisation for the phar- maceutical product, minus five years. The term can be extended for a further six months if the pharmaceutical product’s suitability for children has been tested in a paediatric investigation plan (paediatric extension). 1.7 Third-Party Rights to Participate in Grant Proceedings During the application period, third parties may file observations with the PRO, and such obser- vations are part of the examination. 1.8 Remedies Against Refusal to Grant an Intellectual Property Right If a patent or a utility model is not granted by the PRO, the decision can be appealed by the applicant. 1.9 Consequences of Failure to Pay Annual Fees If the annual fees are not duly paid, the patent or intellectual property (IP) right will lapse.
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