The Finnish Patents Act has undergone a comprehensive reform replacing the old Patents Act (550/1967) from the 1967. The reform aims to make the law clearer, simpler, and better suited to the European and International regulatory framework and commitments. As a result, the procedures will become more streamlined and cost-efficient.
While the new Patents Act was originally expected to enter into force on 1 January 2027, the Parliament has decided to postpone the entry into force with up to six months so that the parallel reforms of the Act on Utility Model Rights and the Act on Defence Inventions may enter into force at the same time.
Key Amendments
- The reform introduces less strict language requirements. Not only national patent applications, but also supplementary protection certificate (SPC) applications can be filed in English. For applications filed in English, claim translations will be required in only one of the national languages, i.e. Finnish or Swedish and for national applications filed in Finnish or Swedish, no translation to the other national language will be required.
- In addition, oppositions and responses in opposition proceedings can be filed in English. However, the proceedings will be based on the original language of the patent documents.
- In the future it will not be mandatory to appoint representatives, unless the applicant or patentee is domiciled outside the European Economic Area (EEA). In such cases, it is sufficient that the representative is domiciled within the EEA.
- Under the new act it will be possible for inventors to waive the right to be publicly designated as the inventor, keeping their information confidential in line with the corresponding provisions under the European Patent Convention.
- The due date for filing divisional patent applications will be tied to the date of grant. This reform will remove some unnecessary steps, which will reduce costs and bring the procedure closer to the corresponding provisions under the European Patent Convention.
- The reform also aims to make the administrative patent appeal proceedings more efficient, by restricting the possibility to present new patent claims during appeal proceedings.
- A very welcome reform is the introduction of the possibility for patentees to request partial invalidation by submitting new, limited claims in proceedings before the market court. The partial invalidation will replace the current court limitation proceedings, which will bring clarity and efficiency to the proceedings.
- Another novelty to be introduced to the Patents Act is the possibility for the court to impose patent infringement injunctions subject to a fine. The more detailed provisions are included in the Act on Conditional Fines (1113/1990).
Patents will continue to be significant tool for companies wishing to protect their technology, research and product development, and leverage their competitive advantage.
The aim of the reform has not been to change the core of the patent system itself. The overall structure and the language used has been modernized, with the aim of making it more predictable and reducing uncertainties for both domestic and international applicants. However, the much will remain the same when the new Patents Act enters into force in 2027.
A key question is what kind of a role national Finnish patents will play in the future in the patent portfolios of domestic and international patentees, especially when the transition period will end and all traditional European patents will fall under the jurisdiction of the Unified Patent Court (UPC). Depending on geographic market, competitors and litigation preferences, Finnish patents and courts may still be a viable option. It is clear that some of the amendments are aimed to make national Finnish patents and dispute resolution a more attractive option for such patentees.
HH Partners acts as a strategic partner for our clients in all matters concerning patents and other intellectual property rights. We also offer expert consultancy when planning your IP protection strategy or navigating broader IPR issues related to your business operations. For more information, please contact the Head of our IPR Team, Pamela Lönnqvist.
