Reform of the Finnish Patents Act

The Finnish Patents Act (1967/550) is undergoing a comprehensive reform aimed at modernising and aligning the current patent system with international standards. The Finnish Ministry of Economic Affairs and Employment has recently published a draft Government Proposal for the Patents Act. The reform aims to introduce several technical changes to the structure and wording of the Patents Act, as well as changes to the national patent application procedure. Furthermore, the reform includes changes regarding the limitation of patent claims as well as new provision on the enforcement of an injunction, both of which are relevant for patent litigation in Finland.

Partial invalidation of patents

The proposal introduces a new provision allowing patent proprietors to request the Market Court to declare a patent partially invalid if the grounds for invalidity concern only part of the patent. This means that the Market Court can limit the scope of protection of a patent by amending the claims, provided the remaining part of the patent meets the requirements for validity. However, partial invalidation can only occur upon the patent proprietor's request, provided that they submit to the court a set of new, limited patent claims. The request must be made during the early stages of case preparation, before proceeding to a main hearing, and can only be made once.

The right to request a partial invalidation of a patent is, in practice, very similar to the current right of the patent proprietor to request the Market Court to limit the patent in invalidity proceedings. As a consequence of the reform, the patent proprietor’s right to limitation would be waived, since it essentially overlaps with the request for partial invalidation.

In practice, no major changes are expected, as the patent proprietor currently has the right to limit the patent through the limitation procedure. However, this change clarifies that the Market Court cannot partially invalidate a patent on its own initiative, but only upon the request of the patent proprietor – a question which has been previously left unresolved. Also, while the current provision for request for limitation provides that the request needs to be decided prior to continuing the invalidity proceedings, there is no similar requirement for the request for partial invalidation. This could expedite proceedings, but at the same time also expand the proceedings by resulting in multiple sets of patent claims being under dispute up until the decision on the merits.

Enforcement of injunctions on pain of a fine

The reform also proposes a new enforcement mechanism, allowing the Market Court to impose an injunction on pain of a fine. The current Patents Act does not provide for the possibility of imposing a conditional fine as a means of enforcing an injunction. More detailed provisions on the imposition, amount, and payment of a conditional fine will be contained in the Finnish Act on Conditional Fines (1113/1990). When considering the amount of a conditional fine, the nature and extent of the principal obligation, the debtor's ability to pay and other relevant factors must be taken into account.

In practice, this proposal is unlikely to result in major changes as the injunctions imposed by the Market Court are well respected. However, it provides additional clarity on enforcement procedures and reinforces the importance of complying with court orders, reducing the need for further legal action and associated costs for patent proprietors.

Simplified language requirements for national patent applications

The reform proposes simplifying the language requirements for national patent applications. In addition to patent applications, which can already be filed in English under the current regime, it is proposed that also SPC applications could be filed in English. For patents filed in Finnish or Swedish, there will no longer be a requirement to translate the claims into the other national language. For patent applications filed in English, there will no longer be a requirement to translate the claims into both national languages, Finnish and Swedish, but only into one of the national languages.

In national opposition proceedings, the language of the opposition and the language of the decision would still be Finnish or Swedish, but the proceedings would be based on the documents in the original language of the patent (Finnish, Swedish or English) and the opposition could also be filed in English.

The simplified language requirements for national patent applications streamline the application process and lower the costs especially for foreign entities, thereby making the Finnish patent system more accessible and appealing. Additionally, basing the opposition proceedings on documents in the original language of the patent and accepting oppositions filed in English reduces the administrative burden and increases efficiency.

Possibility of waiving the right to be designated as an inventor

The reform proposes to introduce the possibility to waive the right to be designated as an inventor, allowing the inventor's information to remain confidential. The proposal corresponds to Rule 20 of the Implementing Regulations to the European Patent Convention. The proposal allows the inventors greater control to protect their privacy, particularly in sensitive industries or circumstances where public recognition may pose risks.

The reform is currently at the stage where the Finnish Ministry of Economic Affairs and Employment has published a draft Government Proposal for the Patents Act. Stakeholders have been invited to comment on the proposal by 20 March 2025. Following the stakeholder feedback period, the Ministry of Economic Affairs and Employment will finalise the proposal for submission to the Finnish Government, initiating the formal legislative process in the Finnish Parliament.

While the exact timeline for implementation is yet to be confirmed, it is anticipated that the reform could be enacted in 2026, subject to legislative approval.

For further information on how these changes might affect your business, please reach out to us.