Processing of Patent Applications

Following formal review of the patent application, the Finnish Patent and Registration Office will examine the novelty and inventiveness of the invention. This is primarily carried out by searching for so-called prior art, that is, earlier decisions corresponding to the invention, in patent publications and other publications in the relevant field. In case earlier inventions which do not materially diverge from the patent application are discovered, the applicant will be sent a letter (office action). Thereafter, the applicant will have the opportunity to amend the patent claims within the granted deadline, in order to enable granting of the patent.

If the patent can be granted, it will be done by mentioning the patent in the Patent Gazette and issuing of the patent publication. A time period of nine months commences upon publication, during which it is possible to lodge oppositions to have the patent revoked. An opposition can be based, for example, on material that has not been discovered in the examination carried out by the Finnish Patent and Registration Office, and which reveals that the invention does not pass the novelty requirement. Even if the case of successful opposition, it is possible to maintain validity of the patent by adjusting the patent claims.

If the application or an opposition is rejected, the applicant and the opponent, respectively, can lodge an appeal to the Market Court within 60 days.