PCT Applicant's Guide Finland EQE - Valid as from 31 Oct 2023

GENERAL INFO
RO
ISA
SISA
IPEA
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).

List of abbreviations used in this document:

Office: Finnish Patent and Registration Office (PRH)

PA: Patents Act

PD: Patents Decree

List of currencies used in this document:

CHF (Swiss franc), EUR (Euro), USD (US dollar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Article 64(2)(a)(ii), Rule 23bis.2(b), Rule 23bis.2(e)
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Finland

Two-letter code:

Name of Office:

Finnish Patent and Registration Office (PRH)

Location:

Sörnäisten rantatie 13 C
Helsinki
Finland

Mailing address:

FI-00091 PRH
Finland

Telephone:

(358) (0)29 509 50 00

E-mail:

registry@prh.fi

Website:

http://www.prh.fi/

Facsimile:

(358) (0)29 509 53 28

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

No, only upon invitation

Does the Office send notifications via e-mail in respect of international applications?

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Yes, the Office is prepared to allow applicants to make international and national applications filed in electronic form available to the WIPO DAS

For further details on how to request this Office to make applications available to DAS, refer to http://www.prh.fi/fi/patentit/patentointi_ulkomailla/etuoikeus/das.html

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

EP,

FI,

Does national legislation restrict the filing of international applications with foreign Offices?

Act on Inventions of Importance to the Defence of the Country (551/1967), Section 2

Yes

Filing restrictions apply to:

Applications by residents

Competent designated (or elected) Office(s) for this State:

National protection: FI

European patent: EP

Types of protection available via the PCT:

National:

Patents

Utility models (a utility model may be sought instead of or in addition to a national patent)

European:

Patents

Availability under the national law for an international-type search (PCT Article 15):

Section 9 of the Finnish Patent Law and

Section 5 of the Patent Decree

Provisional protection after international publication:

Where the designation is made for the purposes of a national patent:

After international publication, the furnishing of a translation into Finnish or Swedish or, if the international application was filed in Finnish or Swedish, a copy of the international application as filed or, if the application or translation was filed in English a translation of the claims into Finnish or Swedish, gives the applicant provisional protection in the sense that he, upon grant of the patent, is entitled to damages. These are limited to what is judged reasonable under the circumstances and the protection is limited to what is claimed in both the application and the patent. Refer to Sections 33, 58 and 60 of the Patent Law.

Where the designation is made for the purposes of a European patent:

Compensation reasonable in the circumstances, on condition that any national requirements relating to the translation into Finnish (or into Swedish if the applicant’s own language is Swedish) of the claims of the application have been met, and upon grant of the patent. Protection is limited to what is claimed in both the application and the patent.

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

For a European patent

Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Finland

Language in which international applications may be filed:

If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3). If the language in which the international application is filed is not a language of publication and no translation is required for the purposes of international search (PCT Rule 12.3(a)), the applicant will have to furnish a translation of the application into English (PCT Rule 12.4(a)).

English,

Finnish,

Swedish

Language accepted for language-dependent free text in the sequence listing:

English,

Finnish,

Swedish,

or English and another filing language

Language in which the request may be filed:

English

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Yes, the Office accepts XML and PDF files filed using ePCT-Filing or EPO Online Filing

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”)

Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.

For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 22 September 2022, pages 256 et seq.

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies the “due care” criterion to such requests

Competent International Searching Authority:

EP,

FI,

Competent International Preliminary Examining Authority:

EP,

FI,

Fees payable to the receiving Office:

Transmittal fee:

135 EUR

International filing fee:

1,378 EUR

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee per sheet in excess of 30:

16 EUR

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

207 EUR

Electronic filing (the request, description, claims and abstract in character coded format):

311 EUR

Search fee:

Refer to
Annex D(EP)
Annex D(FI)
Annex D(SE)

Fee for priority document (PCT Rule 17.1(b)):

— for transmittal:

15 EUR

— for a patent:

per document, plus 70 EUR

— or for a utility model:

per document, plus 50 EUR

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

450 EUR

Is an agent required by the receiving Office?

No, if the applicant resides in Finland
Yes, if the applicant is a non-resident

Who can act as agent?

Any natural or legal person resident in the European Economic Area

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated on the request form at the time of filing

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated on the request form at the time of filing

Annex D - International Searching Authority

International Searching Authority competent for the following Receiving Offices:

Search fee (PCT Rule 16):

1,713 CHF

1,775 EUR

1,875 USD

This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.

Additional search fee (PCT Rule 40.2):

1,775 EUR

This fee is payable to the International Searching Authority and only in particular circumstances.

Fee for copies of documents cited in the international search report (PCT Rule 44.3):

None

How to obtain copies:

The applicant receives, together with the international search report, a copy of each document cited in the report, free of charge. Designated (elected) Offices also receive a first set of copies, upon request, free of charge

Additional copies are available to applicants and designated (elected) Offices by e-mail at:
pct@prh.fi

Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):

per page 0.60 EUR

Protest fee (PCT Rule 40.2(e)):

None

Late furnishing fee (PCT Rule 13ter.1(c)):

200 EUR

Conditions for refund and amount of refund of the search fee:

Money paid by mistake, without cause, or in excess, will be refunded

Where the international application is withdrawn or is considered withdrawn, under PCT Article 14(1), (3) or (4), before the start of the international search:
refund of 100%

Where the Authority benefits from an earlier national search, international search, supplementary international search or international-type search already carried out by the Authority, a Nordic patent authority or the European Patent Office on an application whose priority is claimed:
refund of 300 EUR

Languages accepted for international search:

English,

Finnish,

Swedish

Does the Authority accept informal comments on earlier search results where an international application claims priority from an earlier application already searched by this Authority?

Yes, The applicant may submit informal comments to overcome objections raised in the search report and written opinion for the priority application. At the PRH this service is called “PCT Direct”. Informal comments should be sent to the receiving Office together with the international application in the form of a separate letter entitled “PCT Direct/informal comments”. PCT Direct submissions are published on PATENTSCOPE.

Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings:

None. Physical media are not accepted. Sequence listings must be filed in electronic form (refer to Annex C)

Subject matter that will not be searched:

The subject matter specified in items (i) to (vi) of PCT Rule 39.1 with the exception of any subject matter searched under the patent grant procedure in accordance with the provisions of Finnish patent law

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing

Annex SISA - International Searching Authority (Supplementary Search)

Fees payable to the International Bureau:

For further details on the payment of fees to the International Bureau, refer to the WIPO website at http://www.wipo.int/pct/en/fees/special.html

Supplementary search fee (PCT Rule 45bis.3):

1,713 CHF

This fee is fixed by the Authority in EUR and will be revised from time to time to reflect currency fluctuations between EUR and CHF

Supplementary search handling fee (PCT Rule 45bis.2):

200 CHF

Late payment fee (PCT Rule 45bis.4(c)):

100 CHF

Fees payable to the Authority:

Fee for copies of documents cited in the supplementary international search report (PCT Rule 45bis.7(c)):

The applicant receives, together with the supplementary international search report, a copy of each document cited in the report, free of charge. Designated (elected) Offices also receive a first set of copies, upon request, free of charge

Additional copies are available, free of charge, to applicants and designated (elected) Offices by e-mail at: pct@prh.fi

Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):

per page 0.60 EUR

Late furnishing fee (PCT Rules 13ter.1(c) and 45bis.5(c)):

200 EUR

Conditions for refund and amount of refund of the supplementary search fee:

Money paid by mistake, without cause, or in excess, will be refunded

The International Bureau shall refund this fee where the supplementary search request has not yet been transmitted to the Authority and the international application is withdrawn or considered withdrawn, or the supplementary search request is withdrawn or considered not to have been submitted (refer to PCT Rule 45bis.3(d)):
refund of 100%

The Authority shall refund this fee where the supplementary search request is considered not to have been submitted before the start of the supplementary international search (refer to PCT Rule 45bis.3(e)):
refund of 100%

Languages accepted for supplementary international search:

English,

Finnish,

Swedish

Subject matter that will not be searched:

Scope of documentation included in the supplementary international search:

In addition to PCT minimum documentation, the Authority shall include at least the documents held in its search collection in:
Danish, Finnish, Norwegian, Swedish

Limitations on supplementary international search:

The Authority has no current limitations on its supplementary international search services.

Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings:

None. Physical media are not accepted. Sequence listings must be filed in electronic form (refer to Annex C)

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing

Annex E - International Preliminary Examining Authority

International Preliminary Examining Authority competent for the following Receiving Offices:

Preliminary examination fee (PCT Rule 58):

600 EUR

This fee is payable to the International Preliminary Examining Authority.

Additional preliminary examination fee (PCT Rule 68.3):

This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.

600 EUR

Handling fee (PCT Rule 57.1):

207 EUR

This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee for copies of documents cited in the international preliminary examination report (PCT Rule 71.2):

None

How to obtain copies:

The applicant receives, together with the international preliminary examination report, a copy of each document cited in the report, free of charge. Elected Offices also receive a first set of copies, upon request, free of charge

Additional copies are available to applicants and elected Offices by e-mail at:
pct@prh.fi

Fee for copies of documents contained in the file of the international application (PCT Rule 94.2):

per page 0.60 EUR

Protest fee (PCT Rule 68.3(e)):

None

Late furnishing fee (PCT Rule 13ter.2):

200 EUR

Conditions for refund and amount of refund of the preliminary examination fee:

Money paid by mistake, without cause, or in excess, will be refunded

In the cases provided for under PCT Rule 58.3:
refund of 100%

If the international application or the demand is withdrawn before the start of the international preliminary examination:
refund of 100%

Languages accepted for international preliminary examination:

English,

Finnish,

Swedish

Subject matter that will not be examined:

The subject matter specified in items (i) to (vi) of PCT Rule 67.1 with the exception of any subject matter which is examined under the patent grant procedure in accordance with Finnish patent law

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form or in the demand form at the time of their filing

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form or in the demand form at the time of their filing

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

Where applicant requests publication earlier than 16 months from the priority date, not later than that request

— any additional indications:

At the time of filing (as part of the application)

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, all significant information on the characteristics of the biological material

Additional information

The applicant may request that, until the publication of the mention of the grant of a patent by the Finnish Patent and Registration Office (PRH) or for 20 years from the date of filing if the application has been finally decided upon without resulting in the grant of a patent by the Finnish Patent and Registration Office (PRH), the furnishing of a sample shall only be effected to an expert in the art. The request to this effect shall be filed by the applicant with the International Bureau before the expiration of 16 months from the priority date (preferably on Form PCT/RO/134). If such a request has been filed by the applicant, any request made by a third party for the furnishing of a sample shall indicate the expert to be used. That expert may be any person entered on a list of recognized experts drawn up by the Finnish Patent and Registration Office (PRH) or any person approved by the applicant in the individual case.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Translation of international application required into (one of) the following language(s): ¹

English,

Finnish,

Swedish

Required contents of the translation for entry into the national phase: ¹

Under PCT Article 22: Description, claims (if amended, as originally filed or as amended, at applicant’s option), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, as originally filed or as amended by the annexes to the international preliminary examination report, at applicant’s option)

Is a copy of the international application required in particular circumstances? ¹

The applicant should only send a copy of the international application if he/she has not received Form PCT/IB/308 and the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2)

National fees:

Must be paid within the time limit applicable under PCT Article 22 or 39(1)

Patents

Basic fee ²

500 EUR

Basic fee for an electronically filed application ²

400 EUR

Claim fee for each claim in excess of 15 ³

50 EUR

Additional fee for late furnishing of translation or copy ¹

125 EUR

Annual fees for the first three years ⁴

200 EUR

Utility models

Registration fee ²

250 EUR

— for an application filed electronically ²

200 EUR

Additional fee for each claim in excess of five ³

20 EUR

Additional fee for late furnishing of translation or copy ¹

100 EUR

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Name and address of the inventor if they have not been furnished in the “Request” part of the international application ⁵

Statement justifying the applicant’s right to the invention where the applicant is not the inventor or the only inventor ⁵

Appointment of an agent if the applicant is not resident in Finland

Translation of the international application to be furnished in one copy for a patent and one copy for a utility model

If the international application is for both a patent and a utility model, the power of attorney (if any) must be furnished in duplicate

Who can act as agent?

Any natural or legal person resident in the European Economic Area

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies the “due care” criterion to such requests

The procedure in the national Phase

FI.01 FORMS FOR ENTERING THE NATIONAL PHASE

The Office has available special forms for entering the national phase (refer to Annexes FI.II (patents) and FI.III (utility models)). These forms should preferably (but need not) be used.

FI.02 LANGUAGE OF PROCEEDINGS

PD Sec. 3, PA Sec. 8
The description, the claims, any text matter of drawings and the abstract of the international application must be in Finnish, Swedish or English. If the application is in Finnish or Swedish, the claims and the abstract must be translated into the other of the two languages before the application becomes available to the public. If the application is in English, the claims and the abstract must be translated into Finnish or Swedish before the application becomes available to the public. However, the Office may refrain from demanding the translation or accept a translation in a language other than Finnish, Swedish or English of all documents which do not belong to the documents making up the international application. The language of opposition and appeal proceedings is Finnish or Swedish.

FI.03 TRANSLATION (LATE FURNISHING OF)

PA Sec. 31(2)
If the translation of the international application has not been furnished by the applicant within the time limit applicable under PCT Article 22 or 39(l) but the national fee indicated in the Summary has been paid within that time limit, the translation can still be furnished within a further period of two months, provided that the additional fee for late furnishing of the translation, indicated in the Summary, has been paid within those two months.

FI.04 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

FI.05 TRANSLATION (IN CASE OF LACK OF UNITY OF INVENTION)

Where a part of the international application was not subjected to an international search for reason of lack of unity of the invention, a translation is required only of those parts of the international application which were subjected to the international search. However, where the applicant wants to maintain the part which was not searched, a translation of this part must also be furnished (refer to also paragraph FI.08).

FI.06 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex FI.I.

FI.07 POWER OF ATTORNEY

PA Sec. 12, PA Sec. 33
An agent may be appointed either by filing a separate power of attorney (which may be a copy or a facsimile) or by means of the special forms referred to in paragraph FI.01 (refer to Annexes FI.II and FI.III). For time limits, refer to the Summary. For the language, refer to paragraph FI.02.

FI.08 ADDITIONAL FINNISH SEARCH OR EXAMINATION REPORT (IN CASE OF LACK OF UNITY OF INVENTION)

PCT Art. 17(3)(b), PCT Art. 34(3)(c), PA Sec. 36, PA Sec. 37
Where a part of the international application was not subjected to international search or preliminary examination because the international application did not comply with the requirement of unity of invention and the applicant did not pay the additional search or preliminary examination fee to the International Searching or Preliminary Examining Authority, the Office will decide whether the said finding as regards the application translated into Finnish was correct. If this is found to be the case, the Office will invite the applicant to pay an additional fee within two months after mailing of the notification of this decision. The amount of the said fee is indicated in Annex FI.I. Where the applicant does not pay the additional fee, that part of the international application which was not subjected to international search or preliminary examination will be considered withdrawn. For international applications filed on or after 1 November 2011, the international application can be translated into Finnish, Swedish or English.

FI.09 PUBLICATION FEE

PA Sec. 19, PA Sec. 20
A publication fee must be paid within two months from the date on which the applicant was notified that the application could be accepted. The amount of the fee is indicated in Annex FI.I.

FI.10 ANNUAL FEES

PA Sec. 8(6), PA Sec. 40, PA Sec. 41, PA Sec. 42
Annual fees must be paid for each year following the international filing date. For the due date of annual fees for the first three years, refer to the Summary. Payment of the subsequent annual fees must be made before the expiration of the month containing the anniversary of the international filing date. Payment can still be made, together with a 20% surcharge for late payment, before the expiration of the sixth month after the due date. The amounts of the annual fees are indicated in Annex FI.I. It is to be noted that annual fees can be paid without surcharge within two months (extended to the last day of the month) after performing the acts for entering the national phase.

FI.11 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, PA Sec. 13, PA Sec. 34, PD Sec. 52b, PA Sec. 19, PD Sec. 19, PD Sec. 21, PD Sec. 22, PD Sec. 23, PD Sec. 24
The applicant may make the following modifications before the Office, provided that the scope of the subject matter of the application is not broadened thereby:

(i) within 35 months from the priority date or from the international filing date: corrections of defects and voluntary amendments;

(ii) up to the notice that the application can be accepted: amendments or additions to the description and drawing(s) if they are necessary to comply with general requirements under PCT Articles 5 and 7; amendments or additions to the claims, which, unless the Office allows otherwise, must be made by filing a new document comprising all of the claims in sequence; where additions are made to the claims, the applicant must at the same time file a statement indicating the reference basis for these additions.

FI.12 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51, PA Sec. 38, PA Sec. 72, PD Sec. 52
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged with the Market Court within 60 days from the date of receipt of the decision.

FI.13 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2)
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

FI.14

PA Sec. 71a, PA Sec. 71b, PCT Rule 49.6(a)
Reestablishment of rights may be requested where the applicant, in spite of all due care required by the circumstances, was unable to observe a time limit during the international phase or before the Office, default of which is prejudicial to his rights. A request for reestablishment must be presented in writing within two months after the removal of the cause of the failure to perform the action but not later than one year from the expiration of the time limit which has not been observed. Within the said two months, the omitted action must be completed, the fee for reestablishment of rights (refer to Annex FI.I) must be paid and the request must state the grounds on which it is based and set out the facts on which it relies.

FI.15

PA Sec. 15, PA Sec. 19
Resumption of proceedings concerning the application may be requested from the Office where the applicant missed a time limit which has been fixed for a certain action by the Office. Resumption of proceedings may not be requested where the missed time limit is fixed in the PCT, and the PCT Regulations. A request for resumption of proceedings has the effect that the proceedings for grant will be resumed, provided that, within four months from the expiration of the missed time limit, the said request is presented in writing, the resumption fee (refer to Annex FI.I) is paid and the omitted act has been completed.

FI.16 UTILITY MODEL

PCT Rule 49bis.1, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5
If the applicant wishes to obtain utility model registration on the basis of an international application

— instead of a patent, or

— in addition to a patent,

the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office.

If the international application is for a utility model instead of a patent, the requirements are basically the same as for patents with the following exceptions:

— utility model protection does not cover processes;

— a utility model application does not contain an abstract;

— one copy of the translation of the international application in Finnish or Swedish is required;

— the applicant is not required to pay publication or annual fees. Instead of annual fees, renewal fees have to be paid for utility models;

— a utility model right is in force for four years and the term of protection may be extended for a first time from four years to eight years and for a second time from eight years to ten years. The amounts of the renewal fees are indicated in Annex FI.I.

If the international application is for both a utility model and a patent, the applicant must, within the time limits applicable for entry into the national phase (refer to the Summary), comply with the following requirements:

(i) pay both the registration fee for the utility model and the national fee for the patent application;

(ii) furnish one copy of the translation of the international application into Finnish, Swedish or English for a patent and one copy for a utility model into Finnish or Swedish;

(iii) file a power of attorney (if any) in duplicate

FI.17 CONVERSION

An international application for a patent may be converted into a utility model application after the applicant has complied with the requirements for entry into the national phase for a patent application.

The utility model application is deemed to have been filed on the date the patent application was filed. A patent application shall remain pending even if it is converted into a utility model application unless the applicant specifically withdraws the patent application. The conversion is subject to payment of the prescribed fees indicated in Annex FI.I. Conversion cannot be requested:

— after the expiration of 10 years from the international filing date;

— in respect of a dismissed, rejected or withdrawn patent application or granted patent.

Annexes

Annex FI.I - Fees

Patents

Basic fee

500 EUR

— for an application filed electronically

400 EUR

Additional fee for late furnishing of translation or copy

125 EUR

Claim fee for each claim in excess of 15

50 EUR

Additional fee (refer to paragraph FI.08)

350 EUR

Publication fee

500 EUR

Publication fee when the documents for publication have been filed electronically

400 EUR

Resumption fee

70 EUR

— if the application has been previously resumed

140 EUR

Fee for reestablishment of rights

450 EUR

Annual fees:

— for the first three years

200 EUR

— for the 4^th year

125 EUR

— for the 5^th year

150 EUR

— for the 6^th year

200 EUR

— for the 7^th year

250 EUR

— for the 8^th year

300 EUR

— for the 9^th year

350 EUR

— for the 10^th year

400 EUR

— for the 11^th year

450 EUR

— for the 12^th year

500 EUR

— for the 13^th year

550 EUR

— for the 14^th year

600 EUR

— for the 15^th year

650 EUR

— for the 16^th year

700 EUR

— for the 17^th year

750 EUR

— for the 18^th year

800 EUR

— for the 19^th year

850 EUR

— for the 20^th year

900 EUR

Supplement for late payment

20% of the applicable annual fee

Fee for restoration of the right of priority

450 EUR

Utility models

Registration fee

250 EUR

— for an application filed electronically

200 EUR

Additional fee for late furnishing of translation or copy

100 EUR

Additional fee for each claim in excess of five

20 EUR

Renewal fees:

— for four years

250 EUR

— supplement for late payment

50 EUR

— for two years

200 EUR

— supplement for late payment

50 EUR

Fee for restoration of the right of priority

450 EUR

Fee for reestablishment of rights

450 EUR

How can payment of fees be effected?

The payment of fees must be effected in euro. All payments must indicate the national application number (however, if that number is not yet known, the international application number may be used), the name of the applicant and the category of fee being paid

Payment may be effected:

(i) by credit/debit card at the Office, or

(ii) by transfer to one of the following bank accounts:

Nordea Bank Abp

Account No.
FI9716603000104227

BIC code
NDEAFIHH

Danske Bank A/S, Finland Branch

Account No.
FI3489199710000732

BIC code
DABAFIHH

Applicants must choose a mode of payment guaranteeing that the full amount of the fees due is received by the Office

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex FI.II - National processing request form (patents)

Annex FI.III - National processing request form (utility models)

Notes:
¹ ^a ^b ^c ^d ^eWhere the basic fee has been paid within the time limit applicable under PCT Article 22 or 39(1), the translation or copy may be filed within two months from the expiration of that time limit, provided that the additional fee for late furnishing of the translation or copy has been paid within those two months.
² ^a ^b ^c ^dMust be paid within the time limit applicable under PCT Article 22 or 39(1).
³ ^a ^bIf not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
⁴ ^aThe renewal fees for an international application in respect of fee years which have begun before the date on which the application was pursued under section 31 of the Patents Act or was taken up for processing under section 38 of the same Act or which begin within two months of such date become in no event due until the last day of the month that falls two months after the date on which the application was pursued or otherwise prosecuted.
⁵ ^a ^bThis requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Processing

FI - Finland
Finnish Patent and Registration Office (PRH)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex D - International Searching Authority

Annex SISA - International Searching Authority (Supplementary Search)

Annex E - International Preliminary Examining Authority

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

FI - Finland Finnish Patent and Registration Office (PRH)

Error Information Warning Confirmation

FI - Finland
Finnish Patent and Registration Office (PRH)