Inventions and patents

An invention refers to a new and usable solution to a particular problem. An invention may be a product, a device, a process or a new form of use for something that is already known.

Inventions made under the employment of the wellbeing services county of North Savo are governed by the Act on the Right to Employees' Inventions (656/1967) and the Decree on the Right to Employees' Inventions (527/1988). In Finland, the employment invention act is applied to inventions that can be protected by a patent.

The rights of the employer and the inventor to the invention depend on the relationship of the invention and the work assignment.

The prerequisite for an employment invention is an employment relationship with the wellbeing services county of North Savo, either as an employee or as a researcher. If the employee has an employment relationship with the University of Eastern Finland or another university or institution of higher education, the Act on the Right in Inventions made at Higher Education Institutions (369/2006) is applied. As a rule, the invention notification must be submitted to all simultaneous employers.

Ownership of inventions and research results resulting from external financing and / or commissioned research may have been agreed differently from the above. Such agreements shall be concluded before the beginning of the investigation. It is customary that the sponsor of the commissioned research also owns the results. An agreement restricting the wellbeing services county of North Savo’s rights under the employment invention act is not binding on the wellbeing county, unless the wellbeing services county of North Savo is a party to the agreement.

Under the employment invention act, the inventor is obligated to submit a written invention notification to the wellbeing services county of North Savo without delay. The invention notification can be found on the wellbeing services county of North Savo’s intranet (Pulssi).

If the wellbeing services county of North Savo claims the rights to the invention in accordance with the employment invention act, it shall notify the inventor thereof no later than four months after receiving the notification. If the wellbeing services county of North Savo notifies that it does not intend to transfer the rights to itself or fails to submit the aforementioned notification within the specified period (4 months), the rights to the invention belong to the inventor.

The inventor may not, without the written consent of the wellbeing services county of North Savo, decide on the invention described in the invention notice or disclose anything about it to third parties in such a way that it could result in the publication of the invention, exploitation for the benefit of a third party, or other impediment to patenting.

However, the inventor may apply for a patent for the invention in Finland after filing out an employment invention notification. The patent application may not be filed before one month (1 month) has passed after the inventor has notified the wellbeing services county of North Savo in writing of his intention to apply for a patent.

A patent is a fixed-term exclusive right to manufacture and market a professionally invented product or to use an invented process. In order to be patentable, an invention must be new, inventive and industrially usable.

The patent is governed by the Patent Act (550/1967) and the Patent Decree (669/1980). A patent refers to the exclusive right granted on application to the inventor and / or the holder of the invention’s rights, for a specified period, to professionally manufacture and market the invented product or to apply the invented process. In order to be patentable, an invention must be new, inventive and industrially usable.

The patent application must describe the invention in such detail that others would be able to use the invention on the basis of the patent application. The patent application must also state clearly and unambiguously what is meant to be protected.

A patent granted in Finland may be maintained for 20 years from the date of filing of the patent application. However, filing a patent solely in Finland is not sufficient. An invention can only be protected in the countries and territories in which the patent is applied for. It is therefore necessary to identify the countries and regions with the most interesting market for the invention.

While it is important to protect an invention, patenting alone is not a viable proposition, but the invention must be commercialisable and commercially attractive in order to be put on the market. The key to patenting is that the invention has developed to such an extent that it is truly productisable and is not in such an early stage that it still requires considerable development before the invention can be productised.

For more information about patents, see the Patent and Registration Office’s website. See also the Patent Guide and the Patent Handbook.

The wellbeing services county of North Savo will pay an invention fee of 1000 euros for each invention notification leading to a patent application to which it has claimed the rights. The fee is total and invention-specific. In the case of multiple inventors, the amount of the fee will be shared according to the invention proportions designated by the inventors. If the inventors do not declare the amount of their shares, the compensation will be divided evenly among the inventors.

If the wellbeing services county of North Savo enters into an agreement on the commercialisation of the invention with a commercialising company or a transfer agreement with other owner/owners of the invention or with a company, the net income of the invention or other compensation shall be divided as follows:

• 1/2 employee(s) and
• 1/2 wellbeing services county of North Savo.

The sum to be distributed is the sum that comes to the wellbeing services county of North Savo as net income after deducting, among other things, the costs of patenting, any portion of the income of the invention or the transfer fee claimed by the commercialising partner. Net income refers primarily to income after deduction of the costs of patenting and commercialisation. The amount of net income or other compensation shall be divided among several inventors, such as the invention compensation in proportion to the shares designated by the inventors (1/2 divided in proportion to the shares) or, in the absence of a notification, evenly among the inventors.