FINLAND Law and Practice Contributed by: Rainer Hilli, Mikael Segercrantz, Johanna Lilja and Johanna Flythström, Roschier
3.3 Process Patents For process patents, to constitute infringement involves the main parts of the process being used in Finland. 3.4 Scope of Protection for an Intellectual Property Right The courts in Finland recognise literal and equiv- alent infringement. There is a free evaluation of evidence so the prosecution history may be con- sidered by the court. 3.5 Defences Against Infringement Third parties may use various arguments as a defence in an infringement action (in addition to claiming non-infringement), such as: • compulsory licence; • prior use; • patent exhaustion; • FRAND; and • own patent rights. 3.6 Role of Experts Experts may be appointed by the court and are frequently appointed by the parties. The legal judges of the Market Court are always assisted by a technical judge, who has background as a patent agent. In addition, the Market Court may appoint a technical judge who is an expert in the relevant field of the patent-in-suit. The parties regularly appoint their own expert(s), who are usually examined as expert witnesses during the main oral hearing. 3.7 Procedure for Construing the Terms of the Patent’s Claim There is no separate procedure for construing the terms of the patent’s claims.
3.8 Procedure for Third-Party Opinions There is no system by which the court can seek third-party opinions.
4. Revocation/Cancellation 4.1 Reasons and Remedies for Revocation/Cancellation
Revocation actions can be initiated by anyone with an interest in invalidating a patent or utility model right. The threshold for standing to sue has been seen as rather low by Finnish courts. 4.2 Partial Revocation/Cancellation Partial revocation has been regarded as possi- ble by the Market Court, in situations where the partial revocation does not require significant patentability considerations by the court. 4.3 Amendments in Revocation/ Cancellation Proceedings It is possible for the patent-holder to amend/ restrict the patent claims in revocation proceed- ings. The amended claim shall have support in the patent application as filed, and may not expand the scope of the patent claim. 4.4 Revocation/Cancellation and Infringement In most cases, the revocation and infringement are held in parallel such that the decision is announced at the same time in both actions by the court. 5. Trial and Settlement 5.1 Special Procedural Provisions for Intellectual Property Rights There are some special rules for the Market Court’s IP proceedings; however, the rules are
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