Patent

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What is a patent?

A patent is a legal right of definite duration to prevent others from exploiting an invention commercially. A patent confers on its owner an exclusive right to an invention and, at the same time, makes information concerning the invention accessible to all by making the invention available to the public.

What can be protected with a patent?

An invention that is new, industrially applicable and differs essentially from what is known previously can be protected with a patent. The invention can be a product, a device, a process or a new use for a product.

Why is it advisable to patent an invention?

An alternative way of protecting an invention would be to keep it secret. This is, however, difficult in practice, and when the invention becomes public at some point, others cannot be excluded from exploiting it and it can no longer be patented either. In other words, through patenting, an inventor reveals his invention to others and reciprocally obtains an exclusive right to exploit his own invention during the period the patent is in force, i.e. a right to exclude others from commercial utilization of the invention. In this manner, it is possible for a patentee to recover investments made, for instance, in research and product development. An invention protected with a patent can be licensed or sold altogether, and additionally, patents often have an impact on the value and image of a company.

How do I apply for a patent?

A patent application containing a full description of the invention and claims directed to the invention and precisely defining the subject matter for which protection is sought, is filed at a national or regional patent office for prosecution. The patent office examines the patentability of the invention defined in the claims, i.e. its novelty, inventive step and industrial applicability, and decides whether to accept or refuse the application with respect to the country or territory in question. The processing of the application often includes one or more Office Actions, in which an examiner states his opinion on the patentability of the invention, and gives the applicant an opportunity of amending claims and filing arguments in support of the patentability of the invention. If the inventive step is not sufficient to grant a patent, the application can be converted, for instance in Finland, into a utility model application.

Why should I employ a patent agent?

The assessment of the patentability of an invention and the preparation of a patent application in such a way as to obtain as broad protection as possible for the invention, and the consideration of various alternatives in view of the most appropriate protection form require special expertise not necessarily possessed by the applicant. Patent attorney is a professional who is able to help inventors and applicants in these matters, and who is also able to take care of the often complicated application procedures with the Finnish patent office and the European patent office and in cooperation with foreign agents elsewhere in the world.

What is meant by priority?

Priority is based on an agreement between states. According to it, within 12 months from filing a first patent application or utility model application relating to an invention, the applicant can file a patent application relating to the same invention in other contracting states. In other words, the applicant has one year to decide whether he wishes to seek protection for the same invention elsewhere in the world.

How long does it take to obtain a patent?

The time of processing a patent application varies at different national and regional patent offices. The processing of a Finnish priority application generally takes from two to five years depending on the field of technology and on possible obstacles, i.e. documents revealed during the prosecution of the application. In other countries, processing time may be considerably longer.

For how long is a patent in force?

In most countries, the patent can be maintained for 20 years from the date of filing an application provided that renewal fees are paid on time. In addition, in several European countries and also outside Europe, it is possible to obtain an extension of a maximum of five years for the patent protection period of drugs and pesticides. In the USA, extensions may exceed five years.

What is an EP patent?

An EP patent is a regional patent based on an agreement made by over 30 European states. An EP patent is applied for by filing a single application that is processed at the EPO in Germany or Holland. After grant of an EP patent, the applicant may decide in which contracting states he wishes to validate the patent. The legal effect of a patent validated in a contracting state corresponds to that of a national patent of said country. An EP patent can also be validated in extension states that are not regular members of the EPC.

What is the PCT system?

The PCT system is based on an agreement that encompasses over 130 states. According to the agreement, an applicant can file an international patent application, i.e. a PCT application, in which he may designate all signatory states. The novelty and inventive step of the invention disclosed in the international application are examined centrally, and the applicant receives an opinion on the patentability of the invention. Within 30 months from the priority date, the applicant must file national and/or regional applications in the states and regions where he wishes to pursue the application further. The advantages of the PCT system include, on the one hand, the central processing of the application and, on the other hand, the postponement of the costs associated with national and regional applications to a time when the patentability and economic value of the invention will be better known.

What is an opposition?

Anyone can file an opposition against a granted Finnish or EP patent within nine months from the date of grant. The opposition addressed to the patent authority must set out the reasons why the granted patent should be revoked. The filing of an opposition may be considered, for example, when a patent interferes with one's own business and it also appears that the patent has been granted on erroneous grounds. A patent attorney can be of help both when preparing an opposition and, on the opposite side, when defending an opposed patent.

What is patent infringement?

The patent owner must himself keep watch over whether anyone infringes his patent. A patent is infringed when someone uses an invention commercially without the patentee's permission. It is not always easy to recognize and prove infringement because it requires careful interpretation of claims. In Finland, the District Court of Helsinki deals with patent infringements and associated invalidation suits.