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A patent is an exclusive right that allows you to prevent others from utilizing your invention commercially, for example by manufacturing, selling, importing or using it. This right is valid only in the countries in which the patent is in force. A patent is a concrete asset, and it gives a promotional value for your product that often has a positive impact on sales. It is worth remembering that a patent is the only way to ensure that no one else can claim exclusive rights to the same invention. Patents also strengthen your corporate image, since companies that invest in product development are seen as the most innovative in their field.
The novelty requirement for patents means that the invention must not be disclosed in any way prior to filing a patent application with the appropriate patent office(s), or before another strategic decision has been made for the invention. Moreover, the invention to be patented must differ significantly from previously known solutions, and it must be industrially usable. It is possible to patent products, processes or a way of using them.
A patent only protects what is included in the patent application, so any features that result from further product development must be patented separately – and must not be disclosed prior to protecting them!
A granted patent does not always mean that the patent holder can utilize their invention. For example, the commercial use of an invention may be limited by a prior patent that is still in force, and on which your patent depends. In this situation, gaining permission to use the invention will require further negotiations. Furthermore, inventions in areas such as chemicals or pharmaceuticals may require regulatory approval before use.
Under the international Patent Cooperation Treaty (PCT), the novelty and patentability of inventions is evaluated by designated international authorities by filing a PCT patent application (also known as an “international patent application”). However, such a application does not automatically lead to a patent. After the evaluation phase, or 30 months after the priority date, the patent application can continued in national or regional phases, or both. The application may then result in a patent in each country it enters. This procedure allows the costliest patenting decisions to be deferred to a time when there is a better overview of the patentability or business value of the invention. As a result, “patent numbers” beginning with WO are always application numbers.
It is one option to keep the invention secret, but it is risky. Specifically, if your competitor invents the same solution and you have not patented it, they are free to use it. There is also nothing to stop your competitor from patenting the invention, which – due to not being disclosed –can presumably be considered as new.
The patent term, or the time during which a patent can protect your invention, is typically 20 years from the date of filing. Keeping a patent in force requires that annuity fees are paid every year.
An additional Supplementary Protection Certificate (SPC) enables the patent term for pharmaceuticals and plant protection products to be extended even after the base patent has expired. The purpose of the SPC is to redeem the extra time that has been required to gain regulatory approval for sale of the product, up to a maximum of five years.
A patentable invention must
For these reasons, the novelty and patentability of an invention are worth evaluating before drafting and filing a patent application.
If you feel that you are working on something new and unique, it’s worth contacting our experts as early as possible, so that together we can discuss the patentability of the invention. This helps you focus your R&D efforts as cost-effectively as possible. After all, there is little point in spending time and money on something that has already been invented.
Strong patent protection that supports your business depends on carefully formulated patent claims as well as clear, logical definitions. It is important to remember that no new information may be added to the patent application after filing.
Our patent attorneys help you draft your patent applications from a business point of view, while taking into account the up-to-date case law of the particular patent area.
The patent office will evaluate the patentability of the invention. The Patent Examiner at the office will present their findings in an office action, which we will analyze and report to you along with the recommended actions. Following your instructions, we will file a response to the office action, which may include modified patent claims. The patent application may go through multiple rounds of office actions and responses.
The patent application phase typically takes one to five years, during which time you also need to decide the geographical scope of patent protection.
Once agreement on the scope of protection has been reached with the patent office – i.e. they are ready to accept the patent claims – the office will issue a patent for your invention. Special topics in the patent issuance phase for a European patent include requesting patent protection in each country, which requires separate national validations with their attendant formalities, translations and deadlines.
Upon granting the patent, in European and Finnish proceedings an opposition period begins, during which anyone is allowed to challenge the validity of the patent. The opposition period is usually nine months. Our experts are well versed in handling opposition cases both in Finland and before the European Patent Office.
Keeping a patent in force depends on the payment of annuity fees in the relevant countries. Our annuity service ensures that all fees are paid on schedule and that the patent protection remains in force.
You can contact us directly or leave a contact request through the form.
Laine IP Oy
Contact Details
Tel: (09) 6859 560
Fax: (09) 6859 5610
Email: posti@laineip.fi
Mailing Address
Laine IP Oy
PL 339
00181 Helsinki
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