Fees for PCT National Phase Patent Application
Fees associated with the Finnish PCT National Phase Entry as well as other patent fees are available in the fee calculator.
The time limit for PCT National Phase Entry in Finland
The time limit for the PCT National Phase Entry in Finland is 31 months from the date of priority. This term may be restored within two months from the date on which the cause of non-compliance ceases but no later than 12 months after the expired 31-month period.
Filing requirements for PCT National Phase patent application in Finland
Patent applications based on PCT can be filed in Finnish, Swedish (only if the native language of the applicant), and English. If the application materials are filed in English, the Finnish translation of the abstract and claims must be provided within 18 months from the date of entering into the Finnish PCT National Phase.
It is also possible to file the PCT National Phase in any language and to submit English, Finnish, or Swedish (only if the native language of the applicant) translation within 2 months from the PCT National Phase Entry provided that the additional fee is paid.
To enter into the PCT National Phase in Finland, it is necessary to submit the translation of the international application as specified before. The inventor’s name must be stated. When the applicant is not the inventor, the applicant must prove his rights to the invention.
An attorney can be appointed either by indicating his/her details in the filing form (signed by the applicant) or by filing a separate Power of Attorney. A copy of the simply signed Power of Attorney is sufficient, but the original one is appreciated.
Analysis of a PCT National Phase patent application in Finland
Finnish patent applications are examined as to compliance with formal and substantive requirements. The substantive examination of the patent application in Finland is conducted automatically, and no specific request needs to be filed.
Novelty grace period for PCT National Phase patent application
Disclosure of the information about the invention within 6 months before the filing or priority date does not disprove the novelty of the invention in Finland in the following cases:
– the disclosure resulted from an evident abuse concerning the applicant or his/her predecessor in title;
– the invention was disclosed at an official or officially recognized international exhibition.
Grant, validity term, and patent maintenance fees in Finland
The official fee for publication must be paid within two months from the notification by the Office. The due date for payment of annual fees is the last day of the month containing the anniversary of the international filing date. Annual fees become due from the first year, however, the fees for the first and second year are payable alongside the fee for the third year, when it becomes due. The annual fee cannot be paid earlier than 6 months before the due date. Late payment is possible within 6 months after the due date, provided that a 20% surcharge is paid.
Duration of the patent registration procedure in Finland
The average time from entering the PCT National Phase up to the grant of a patent in Finland is 2-2.5 years.
Utility Model in Finland
It is possible to enter the PCT National Phase in Finland as a utility model. An invention must be new, industrially applicable, and have an inventive step to be registrable as a utility model. The required level of an inventive step is lower than for patents. The maximum protection term of a utility model in Finland is 10 years from the filing date. The initial term of protection is 4 years from the filing date, renewable for two further periods of 4 and 2 years. Utility model applications are examined as to compliance with formal requirements, unity, and registrability. Novelty search is not conducted, if not specifically requested. The average time from filing up to registration is 3 months.
Representation by a Finnish patent attorney
For foreign patent applicants, it is necessary to perform the PCT National Phase entry in Finland through an attorney having a domicile within the European Economic Area.
1. Online Search databases: Finnish Patents and Utility Models, European Patents (EPO).
2. The PCT application may be nationalized in Finland via European regional phase entry and its further validation in Finland.
If you have any queries related to the PCT National Phase Entry in Finland, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.