A patent gives exclusive right to an invention

From the point at which a patent is granted, it provides the owner of an invention with exclusive rights of a certain duration to the professional exploitation of the invention. A patent can be obtained for an invention which is industrially applicable, novel and distinctive from the prior art.

A patent confers national rights, valid only in the country in which such protection was applied for and obtained. Since no 'global patent' exists, patents must be applied for in each country separately.

A patent is intended for the protection of intellectual property. As such, it can form part of an enterprise's business strategy, providing protection from, and a lead over, competitors. Competitors are thereby often forced to seek parallel solutions in order to enter the same markets. Patents can also be sold or licensed i.e. rights of use to the invention can be granted.

On condition that they are not exploited commercially or professionally, products based on the invention can be made by any party for its own use, regardless of the patent. Professional exploitation is regarded as the manufacture, sale, use, import and possession of the product and the use of the patented process. Thus, a patent is, as it were, a right to exclude others, and the patent holder must monitor infringements itself.

A patent and utility model can be applied for together. A utility model covers the early stages, when proof of registration is required quickly to prevent patent infringements. Furthermore, a patent application can be converted into a utility model application if it transpires that the invention lacks the inventiveness required for a patent.

How to obtain a patent?

Patent applications must be made in writing to the National Board of Patents and Registration. They must include a specification of the invention accompanied by any drawings required, a patent claim and a summary. The specification must be sufficiently clear to enable a professional to use the invention on its basis.

The patent application as a whole is disclosed 18 months from the date of application. However, the name of the invention and those of the applicant and inventor become public knowledge as soon as the application is filed.

Always apply for a patent prior to disclosing your invention, for example in trade fairs, articles, presentations and research reports. Disclosure means that an unlimited number of people have had the possibility to examine the invention. While granting patents usually takes years, they enter into force retrospectively, as of the application date.

Foreign patents must be applied for separately

Subject to the payment of annual renewal fees, in Finland a patent remains in force for 20 years from the application date. Since patents cover only the state in which they were granted, one obtained in Finland only provides protection in Finland. To obtain patent protection for your invention abroad, you must apply for patents in each country concerned. Abroad, it is worth using the priority system, according to which foreign patent applications must be filed within 12 months from the date of the initial application.

In general, a patent is required in countries in which you wish to exploit your invention or where competitive activities are likely. Foreign patents can be applied for directly, from each country's patent office, or through the international (PCT) or European (EPC) patent application systems.

Help with patent enquiries

A patent application or granted patent as such is not sufficient to lead to the invention's exploitation. An invention is not generally a completed product during the application phase. Furthermore, since an application requires time and money, you should consult a patent agent when drawing up your application.

Further details: 

• ELY Centre Innovation Advisors
• University innovation Managers
• Consultant engineers at the National Board for Patents and Registration, tel. +358 (0)9 6939 5858, email: neuvonta.patentti@prh.fi  
• Patent agents from private patent offices.

For more on patents see National Board of Patents and Registration and:
http://fi.espacenet.com/ (only in finnish and in swedish)
http://www.delphion.com/