Industrial property rights protect intangible assets

A patent is an exclusive right that is granted to a new technological solution (invention) for a specific period. Patents may only be granted for inventions which are new, differ essentially from existing solutions and are susceptible of industrial application. The exclusive right means that parties other than the patent holder may not use the invention without authorisation.

A patent application is specific to a country or a region and a patent only protects the invention in the regions where it is in force. In Finland, national patents are granted by the Finnish Patent and Registration Office. The European Patent Office grants European patents with which the applicant can obtain a patent in more than one European country.

The European patent system is being reformed. Under the new system, the applicant may also in the future be granted a European unitary patent covering 26 EU countries.

The question of who has the right to the invention is fundamental to patents. Even though, as a rule, the inventor has the right to the invention, in employment relationships the right to the invention may also belong to the employer. The Act on the Right in Employee Inventions and the Act on the Right in Inventions made at Higher Education Institutions contain provisions on the rights and obligations of the inventors and employers.

More information about patents:

• Finnish Patent and Registration Office
• European Patent Office
• World Intellectual Property Organization
• Employee Invention Committee

The utility model has the same purpose as a patent: to protect the invention. It is in many ways similar to a patent and is also known as a petty patent. The term refers to the fact that it is easier to obtain a utility model than a patent.

The inventive step of a utility model is lower than that of a patent and the application procedure is also less complicated. For this reason, the utility model is excellently suited for small companies and for protecting technologies that are only used for short periods.

In Finland, rights to utility models are granted by the Finnish Patent and Registration Office. There are also utility model systems in some other countries but the system is not as widespread and international as the patent system.

More information about utility models:

• Finnish Patent and Registration Office

Trademark is a sign protected by exclusive rights that distinguishes the products or services of its holder from those of others. Customers know a company by its trademark, which is often an important part of its brand.

A company can obtain the exclusive rights to a trademark by registering it in the Register of Trademarks or by making it become established. The latter means the recognition of the trademark in the appropriate business or consumer circles. A trademark protected in Finland or in the EU provides the holder with the exclusive rights to the trademark in business operations. This means that other operators may not use on their products signs that are identical with the protected trademark or can be confused with it.

More information about trademarks:

• Finnish Patent and Registration Office
• European Union Intellectual Property Office
• World Intellectual Property Organization

A design right means an exclusive right to commercial exploitation of a product’s appearance. For example, a new packaging or a novel shape of a mobile device can be protected against imitators. The aim is to encourage new design and to support those who are prepared to invest in design.

You can obtain the exclusive right to a design by registering it in the design register of the Finnish Patent and Registration Office. Only designs that are new and have individual character can be registered. In European Union it is also possible to register a Community design, or to obtain protection for an unregistered design, which is valid for a shorter period.

More information about design rights:

• Finnish Patent and Registration Office
• European Union Intellectual Property Office
• World Intellectual Property Organization