Applying for a Utility Model

Utility model rights can be obtained by applying registration of an invention that fulfills the preconditions for utility models. Prior to application, the applicant should ensure validity of utility model rights by verifying the novelty of the invention. This is necessary, since the Finnish Patent and Registration Office will not examine novelty or inventiveness of the invention. Thus, for example a competitor of the applicant may request the utility model to be declared invalid due to failure to fulfill the requirements (novelty and/or innovativeness). A novelty search can be carried out by examining patent and utility model publications of different countries. Publications regarding patents and Finnish utility models may be reviewed, for instance, in the reading room of the Finnish Patent and Registration Office. Information regarding Finnish utility models can also be found in the PatInfo-database. It is also possible to request the Finnish Patent and Registration Office to perform a preliminary search. Following registration of the utility model, anyone request the Finnish Patent and Registration Office to carry out a chargeable examination of the invention’s novelty and innovativeness.

Applications for utility models are made using the official application form of the Finnish Patent and Registration Office. However, the applicant should remember to request, already at this stage, observation of priority rights based on an earlier international utility model application, or postponement of the registration until up to 15 months from the date of the application, as applicable.

The language of the application is either Finnish or Swedish, if the applicant is resident in Finland. The application fee is paid when filing the application and the filing is not deemed to have been made until payment of the fee.

The application must set out:

1. the name and address of the applicant and the inventor;

2. the classes of the International Patent Classification in which the application is classified

3. the name of the invention;

4. a request for priority on the basis of an earlier application, if applicable;

5. when the application concerns conversion of a patent application to a utility model application, the number and date of the patent application

6. request for postponement, if applicable;

7. signature and printed name of signatory.

The application must include the following attachments:

1. a description of the invention;

2. drawings;

3. the claims for protection;

4. deed of assignment regarding the applicant’s right to apply for the utility model (in case the applicant is not the inventor);

5. power of attorney (if the applicant is represented by an agent).