Распоряжение «О патентах» (с изменениями, внесенными Распоряжением от 21.03.1997 г. № 246), Финляндия

Section 1

Finnish patent applications shall be filed with the National Board of Patents and Registration of Finland (the Patent Office).

International applications designating Finland shall be filed with an authority or international organization that is a receiving Office authorized under the Patent Cooperation Treaty done at Washington on June 19, 1970, and its Regulations. Sections 45 to 51 contain provisions on the Patent Office acting as a receiving Office.

The provisions in this Decree concerning patent applications shall only apply, unless otherwise specified, to:

(1)

Finnish patent applications;

(2)

international patent applications pursued in Finland under Section 31 of the Patents Act or accepted for examination under Section 38 of that Act; and

(3)

European patent applications converted into national applications under Section 70 s of the Patent Act. (15.2.1996/104)

Section 2 Finnish patent applications shall contain an application document and accompanying documents. The application document shall be signed by the applicant or his representative and shall state:

(1)

the name, domicile and address of the applicant and, if the applicant has appointed a representative, the name, domicile and address of the representative;

(2)

the name and address of the inventor;

(3)

a concise and factual title for the invention to which the application relates;

(4)

where a patent is applied for by several persons jointly, a statement as to whether one of such persons is entitled to receive communications from the Patent Office on behalf of all applicants; (14.6.1985/505)

(4a) a statement, where appropriate, that the application includes the deposit of a culture of a microorganism under Section 8a of the Patents Act; (14.6.1985/505) and

Legislative Texts

(5)

a list of the documents accompanying the application document.

The following documents shall accompany the application document:

(1)

a description of the invention together with the drawings, if any, needed to understand the invention, claims and an abstract;

(2)

if the applicant has appointed a representative, a separate power of attorney for the representative if the representative has not been given authorization in the application document; and

(3)

if the invention has been made by someone other than the applicant, a deed establishing the applicant’s title to the invention.

The prescribed application fee shall be paid when filing an application.

Section 3

If the document is not written in one of the languages laid down by the fifth paragraph of Section 8 of the Patents Act, the applicant shall also submit to the Patent Office a translation of the document into Finnish or Swedish. For a document other than a description, an abstract or claims or for the text of the description or claims of a Finnish application not included in the basic documents under the first paragraph of Section 21 , the Patent Office may waive the requirement for a translation or may accept a translation into a language other than Finnish or Swedish.

The Patent Office may take up an application for processing before a translation thereof into one of the languages laid down by the first paragraph has been submitted. The translation has to be submitted before the application under Section 22 of the Patents Act becomes available to the public. The Patent Office shall specify the prerequisites under which the application is taken up for processing before the translation has been submitted. (21.3.1997/246)

Section 4

The description, abstract and claims shall be in black type or black print on white paper, size A4 (210 mm × 297 mm).

Drawings shall be executed in dark, preferably black, lines on a light, preferably white, background on durable material, size A4.

The description, with accompanying drawings, if any, and the claims and abstract shall be submitted in a form suitable for printing.

Regulations on further requirements concerning the form of the documents and the number of copies to be filed with the Patent Office by the applicant shall be given by the Patent Office.

Section 5

To obtain a novelty search as referred to in Section 9 of the Patents Act, the applicant shall make a
�written request within three months of the filing date of the application or, where applicable, of the
�date on which it is deemed to have been filed, to the Patent Office and shall pay the fee prescribed
�

Legislative Texts

by the Searching Authority. Where the application is not drawn up in a language acceptable to the Searching Authority, the request shall be accompanied by a translation of the application into a language prescribed by the Patent Office.

If the search referred to in the first paragraph can be carried out by more than one authority and if the applicant wishes to specify which of such authorities is to carry out the search, he shall name that authority in his request.

The request shall be deemed withdrawn if, on expiration of the time limit laid down in the first paragraph, the application and the translation do not satisfy the formal requirements for an international application.

Section 6

The Patent Office shall enter on the application the date on which it was received at the Patent Office.

Section 7

The Patent Office shall keep a record of patent applications filed. The record shall be accessible to the public.

The following particulars shall be entered in the record for each application:

(1)

the serial number in the record of the application and the classes in which the application has been classified;

(2)

the name of the examiner processing the application;

(3)

the name, domicile and address of the applicant;

(4)

if the applicant has appointed a representative, the name, domicile and address of the representative;

(5)

the name and address of the inventor,

(6)

the title of the invention;

(7)

a statement as to whether the application is a Finnish patent application, an international patent application or a European patent application which has been converted into a national application; (15.2.1996/104)

(8)

if the application is a Finnish patent application, the filing date and the effective date where different from the filing date;

(9)

if the application is an international patent application, the international filing date and the date on which the application was pursued under Section 31 of the Patents Act or was filed under Section 38 of that Act;

Legislative Texts

(9a) if the application has been converted from a European patent application into a national application, the filing date in accordance with the European Patent Convention (Finnish Treaty Series 8/96) and the date on which the application was received by the Patent Office for conversion; (15.2.1996/104)

(10)

if the priority of an earlier application is claimed, the country where the earlier application given as the basis for the priority was filed, the filing date of that application and its serial number;

(11)

if the application results from division or separation, the serial number of the parent application;

(12)

if a new application results from the division or separation of the application, the serial number of the application that has been divided or separated out;

(13)

if the application has been made available to the public under the third paragraph of Section 22 of the Patents Act, the date on which it became available;

(14)

where the application is an international application, the international application number;

(14a) if the application has been converted from a European patent application into a national application, the application number of the European patent application; (15.2.1996/104)

(15)

the documents filed and fees paid in respect of the application;

(16)

decisions taken in respect of the application.

Section 8

The Patent Office shall prepare a weekly list of patent applications that have been filed. The list shall contain for each application the particulars listed in the second paragraph of Section 7 under items (1) , (3) , (5) to (11) , (14) and (14a) .

The Patent Office shall further prepare a weekly list of international applications designating Finland, on the basis of the information received by the Office from the International Bureau of the World Intellectual Property Organization. The list shall contain, as far as possible, for each application the particulars listed in Article 30(2)(b) of the Patent Cooperation Treaty.

The Patent Office shall further prepare a weekly list of published European patent applications on the basis of the information received by the Office from the European Patent Office. The list shall contain for each application the data listed in Article 128(5) of the European Patent Convention. (15.2.1996/104)

These lists shall be accessible to the public on payment of a prescribed fee. (15.2.1996/104)

Section 9

Where notice is given that an invention for which a patent has been sought has been assigned to another person, the latter person shall be recorded as the applicant in the record of applications only if proof of the assignment is furnished.

Legislative Texts

Section 22

(21.3.1997/246) If more than one invention has been disclosed in the basic documents, the applicant may divide the application into more than one application. Division may only be made before a notice under the first paragraph of Section 19 of the Patents Act has been given. In such case, a new application relating to an invention divided from the original application (parent application) shall, at the applicant’s request, be deemed to have been filed at the same time as the parent application. (21.3.1997/246)

Section 23

If, as a result of an addition to the description or claims, or in some other way, the application has been caused to disclose an invention that was not disclosed in the basic documents, a new application relating to such invention, filed by separation from the original application (parent application), may, at the applicant’s request, be deemed to have been filed on the date when the document disclosing the invention was received by the Patent Office.

Separation may only be made before a notice under the first paragraph of Section 19 of the Patents Act has been given. In an application made by separation, protection can only be claimed for subject matter that was disclosed in the documents of the parent application when the new document was filed. (21.3.1997/246)

Section 24

In the event of division or separation, the description, with accompanying drawings, and claims filed at the same time as the application document of the new application shall be deemed to constitute the basic document.

A new application may be considered to result from division or separation only if this is evident from the application when filed. The serial number of the parent application shall be stated in such divisional or separated application.

Availability to the Public

Section 25

Legislative Texts

If the documents of a patent application, under the second or third paragraph of Section 22 of the Patents Act, have become available to the public prior to the grant of a patent, the abstract shall be printed as soon as its final wording has been determined. The Patent Office may also decide to print other parts of the application together with the abstract. These documents shall be available to any person on payment of the prescribed fee. (21.3.1997/246)

The announcement under the fourth paragraph of Section 22 of the Patents Act shall state the serial number and classification of the application, its filing date, the effective date, if different from the filing date, the title of the invention and the name and address of the applicant and of the inventor. Where priority has been claimed, the announcement shall also state where the relevant prior application was filed, together with the filing date and serial number of such prior application. If the application includes the deposit of a culture of a microorganism, this shall be stated in the announcement. If the applicant has requested under the seventh paragraph of Section 22 of the Patents Act that samples of the deposited culture be issued only to a special expert, this fact shall also be stated in the announcement. (14.6.1985/505)

If the translation of the description or claims in an international application has been amended within the time limit laid down in Section 52b , but after the documents have become available to the public, an announcement shall be published of such amendment. (14.6.1985/505)

Section 25a

(14.6.1985/505) A request made under the first sentence of the eighth paragraph of Section 22 of the Patents Act to obtain a sample of a deposit shall be formulated as prescribed in Rule 11 of the Regulations under the Budapest Treaty.

A person wishing to obtain a sample shall give an undertaking to the applicant or the proprietor of the patent that the sample will not be used for other than experimental purposes and will not be made available to anyone else before a final decision has been given on the application or, if a patent has been granted, before the patent has expired, unless the applicant or the proprietor of the patent explicitly waives this undertaking. (21.3.1997/246)

The same undertaking as is prescribed with respect to a sample shall also be given with respect to cultures derived from the sample which have retained those characteristics of the deposited culture that are essential for carrying out the invention.

The undertaking shall be attached to the request.

Section 25b

(14.6.1985/505) A request made under the seventh paragraph of Section 22 of the Patents Act that samples shall only be issued to a special expert must be made within 16 months of the filing date of the application or, where priority is claimed, of the claimed priority date.

The Patent Office shall draw up a list of those persons who have stated their willingness to assume assignments as experts and who are suitable for such a task. A decision on the persons chosen for inclusion in the list of experts shall be announced as prescribed in Section 43 .

If a sample may be issued only to a special expert, the request for the sample shall state the person to be called upon as an expert. The request shall be accompanied by a written undertaking from the

Legislative Texts

expert to the applicant to the effect that the sample will not be used for other than experimental purposes and will not be made available to anyone else before a patent granted on the invention has expired or before 20 years have lapsed from the filing date of the application if a final decision not resulting in the grant of a patent has been taken on the application. This undertaking shall also apply to cultures derived from the sample which have retained those characteristics of the deposited culture that are essential for carrying out the invention. (21.3.1997/246)

Any person included in the list, or accepted by the applicant in a particular case, may be called upon as an expert.

Section 25c

(14.6.1985/505) Notwithstanding the undertakings required under Sections 25a and 25b of this Decree, a derived culture may be deposited for the purposes of a new patent application if it is necessary to deposit the culture for such purpose.

Section 25d

(14.6.1985/505) If a request has been made for a sample and neither the Patents Act nor this Decree preclude the furnishing of a sample, the Patent Office shall issue a certificate to that effect. The Patent Office shall forward the request for the sample and the certificate to the institution where the deposit is kept. The Patent Office shall at the same time forward to the applicant or the proprietor of the patent a copy of the request and the certificate.

If the Patent Office decides that a certificate as referred to in the first paragraph cannot be issued, it shall give a notice of that decision. The person who has requested the sample may lodge an appeal against such decision with the Board of Appeal of the Patent Office within 60 days of the date on which the decision was communicated to the appellant, not counting the date of communication. There shall be no appeal from the decision of the Board of Appeal. (21.3.1997/246)

Section 31

(21.3.1997/246) Printing of a published specification pursuant to Section 21 of the Patents Act shall begin as soon as possible after the applicant has paid the printing fee under the third paragraph of Section 19 of the Patents Act.

The published specification shall state:

(1)

the serial number of the application in the record of applications and the registration number of the patent and the classes in which the patent is classified;

(2)

the name and address of the proprietor of the patent;

(3)

the name, domicile and address of the representative appointed by the applicant, if any;

(4)

the name and address of the inventor;

(5)

the title of the invention;

(6)

whether the patent is based on a Finnish application, an international application or a European patent application which has been converted into a national application;

(7)

if the patent is based on a Finnish application, the filing date of the application and the date on which the patent term begins if not identical with the filing date of the application;

(8)

if the patent is based on an international application, the international filing date and the date on which the application was pursued under Section 31 of the Patents Act or on which the application under the third paragraph of Section 38 of the same Act is deemed to have been filed, and the number of the international application;

(9)

if the patent is based on a European patent application which has been converted into a national application, the filing date under the European Patent Convention and the date the application was received by the Patent Office for conversion, and the application number of the European application;

(10)

if priority is claimed, where the earlier application given as a basis for priority has been filed and the filing date and serial number of such application;

(11)

if the application results from division or separation, the serial number of the parent application;

Legislative Texts

(12)

if the application includes the deposit of a culture of a microorganism, an indication of the institution where the deposit is kept and the access code given by the said institute to the deposit;

(13)

the date on which the application documents were made available to the public;

(14)

the date on which the patent was granted;

(15)

the publications cited.

Section 32

(21.3.1997/246) The announcement of the grant of a patent shall contain the information that is to be given in the published specification under Section 31 , with the exception of the publications cited.

Section 38

(21.3.1997/246) Once a patent has been granted in Finland, it shall be recorded in the Patent Register. In that connection, the particulars that under Section 31 shall be indicated in the patent specification, with the exception of the publications cited, shall be recorded in the Patent Register.

Section 38a

(15.2.1996/104) A European patent shall be recorded in the Register once the European Patent Office has published an announcement of the grant of the patent and the applicant has filed a translation and paid a fee pursuant to the first paragraph of Section 70h of the Patents Act.

The following particulars shall be recorded in the Register in that connection:

(1) the date on which the European Patent Office has announced its decision to grant the patent;

Legislative Texts

(2)

the date on which the translation and the payment of the fee under the first paragraph of Section 70h of the Patents Act were received and the date on which the announcement of the translation was published;

(3)

the date on which the patent term begins; and

(4)

the particulars corresponding to the ones specified in subparagraphs 1 to 5, 10 and 13 of the second paragraph of Section 31. (21.3.1997/246)

If the European Patent Office has taken a final decision to revoke a European patent or maintain a European patent with amended wording, this fact shall be recorded in the Register. If the proprietor of the patent, in cases where the patent is maintained with amended wording, filed the translation and paid the prescribed fee under the first paragraph of Section 70h of the Patents Act, this fact shall be recorded in the Register.

If a correction is filed of the translation referred to in the first and third paragraphs above, the date this has taken place and the date of the announcement of the correction shall be recorded in the Register.

Section 38b

(21.3.1997/246) Once an opposition has been lodged against a granted patent, this fact shall be recorded in the Patent Register. The entry shall contain the following particulars:

1) the name and address of the opponent;

2) if the opponent has appointed a representative, the name, domicile and address of the representative; and

3) the date of lodging the opposition.

A final decision taken in respect of an opposition shall be recorded in the Patent Register. In that connection, the date of the decision and its principal contents are recorded in the Register.

Section 39

(21.3.1997/246) The announcement under the sixth paragraph of Section 25 of the Patents Act concerning a decision taken in respect of an opposition shall give the serial number and classification of the patent, the title of the invention, the name of the proprietor of the patent and the date of the decision.

Section 40

Payment of a renewal fee or respite granted for payment of a renewal fee shall be recorded in the Register.

If a patent has lapsed under Section 51 of the Patents Act, the date as from which the patent ceased to be valid shall be recorded in the Register.

Legislative Texts

A request under Section 71a of the Patents Act that a renewal fee be deemed to have been paid within the specified time limit shall be recorded in the Register without delay. The final decision on such request shall also be recorded.

Section 41

Any notification made to the Patent Office that a person has taken legal action to have a patent declared invalid, to have a patent transferred or to obtain a compulsory license shall be recorded in the Register.

When a copy of a court decision has been sent to the Patent Office in accordance with Section 70 of the Patents Act, this fact shall be recorded in the Register. Once the decision has become final, an entry shall be made in the Register in such a way that the main findings of the case are apparent in the Register.

If the Patent Office has declared a patent terminated under Section 54 of the Patents Act, this fact shall be recorded in the Register.

Section 42

Entries under Section 44 of the Patents Act concerning the transfer of a patent or the grant of a license or a pledge shall include the name, domicile and address of the owner of the right and the date of the transfer or grant of the license or rights. In the case of a license, it shall be stated, on request, whether the right of the owner of the patent to grant additional licenses has been limited. If it is not possible to take an immediate decision on the question of recording the transfer or grant of a license or a pledge, an entry shall nevertheless be made in the Register that recording has been requested.

Seizure of a patent to cover a debt shall be recorded in the Register when reported.

Any change reported in respect of a representative shall be recorded in the Register.

Where the Patent Office receives such notification of transfer of a deposit as is referred to in the third paragraph of Section 17b or such receipt of a new deposit of a microorganism as is referred to in the third paragraph of Section 17c , the transfer or the new deposit shall be recorded in the Register. (14.6.1985/505)

Announcements published by the Patent Office

Section 43

Announcements in respect of patents shall be published in a publication issued by the Patent Office.

Special Right to Take Legal Action

Section 44

Legislative Texts

Legal proceedings under the third paragraph of Section 52 of the Patents Act shall be instituted by the Public Prosecutor, unless the Government appoints another official in a specific case.

Receiving Office for International Patent Applications

Section 45

(15.2.1996/104) The Patent Office shall be the receiving Office for international patent applications where the applicant or one of the applicants is a national of Finland, a natural person domiciled in Finland, a legal entity constituted according to Finnish law or anyone who carries on business in Finland. Such applicant may file an international patent application also with the European Patent Office.

Section 46

In its capacity as a receiving Office, the Patent Office shall receive, check and transmit international applications in accordance with the Patent Cooperation Treaty and its Regulations.

The following fees shall be payable to the Patent Office in that connection:

(1)

the basic fee referred to in Rule 15.1 of the Regulations under the Patent Cooperation Treaty, within one month of receipt of the application;

(2)

the designation fee referred to in Rule 15.1, within one year of the international filing date of the application or, if priority is claimed, the claimed priority date; the fee may nevertheless in all cases be paid within one month of receipt of the application;

(3)

the search fee referred to in Rule 16.1, within one month of receipt of the application; and

(4)

the transmittal fee for handling of the application by the Patent Office as a receiving Office, within one month of receipt of the application.

If the amount of the basic fee or of the designation fee has been increased after receipt of the application, but prior to making the payments, the fee may be paid without an increase if it is paid within one month of receipt of the application. (14.6.1985/505)

If the fee referred to in the second paragraph has not been paid within the prescribed time limit or if it has not been fully paid on expiry of the time limit, the Patent Office shall invite the applicant to pay the outstanding amount within one month of issuing the invitation. (26.6.1992/583)

Section 47

At the applicant’s request and on payment of a specifically prescribed fee, the Patent Office shall ensure that a copy of an application previously filed with the Patent Office is transmitted under Rule 17.1(b) to the International Bureau referred to in Section 8 . The fee shall be paid within the time limit for making the request under the above-mentioned Rule.

Section 48

Legislative Texts

(14.6.1985/505) International applications filed with the Patent Office shall be submitted in a single copy. They shall be drafted in Finnish, Swedish or English or in any other language accepted by the Patent Office. The application document for an international application may be in the English language even where the actual application is drafted in Finnish or Swedish.

Section 49

A separate record shall be kept of international applications filed with the Patent Office. The record shall not be available to the public.

Section 50

An applicant not domiciled in Finland shall be required to appoint a representative domiciled in the country, entitled to represent him before the Patent Office in matters concerning the application.

Section 51

(14.6.1985/505) Where not prevented by the Act on Inventions of Importance to the Defense of the Country (No. 551/67), the Patent Office shall transmit the international applications it receives to the International Bureau of the World Intellectual Property Organization, in accordance with the Patent Cooperation Treaty and its Regulations.

Section 52g

(28.6.1994/595) The Patent Office shall keep a record of applications received. In addition to the details listed in Article 9(2) of the relevant Council Regulation, the following particulars shall be entered in the record for each application:

1) the serial number and filing date of the application;

2) where the applicant has appointed a representative, the name, domicile and address of the representative;

3) the communications filed and fees paid in respect of the case; and

4) the decisions taken in respect of the case. (21.3.1997/246)

The record and the documents concerning the application shall be accessible to the public.

Section 52h

(21.3.1997/246) Provisions concerning publication of an announcement of an application for a supplementary protection certificate are laid down in Article 9 of the relevant Council Regulation. The announcement shall also contain the serial number and filing date of the application for a supplementary protection certificate.

Legislative Texts

Section 52i
�

(28.6.1994/595) An application for a supplementary protection certificate may not be amended to relate to another product or another basic patent.

Section 52j

(21.3.1997/246) In processing an application, the Patent Office does not verify that the application meets the conditions laid down in Article 3(1) (d) of the relevant Council Regulation.

Section 52k

(21.3.1997/246) The provisions of Sections 15 and 16 of the Patents Act apply to the time limits referred to in Article 10 (3) of the relevant Council Regulation.

Section 52l

(28.6.1994/595) The Patent Office shall publish an announcement of the fact that a supplementary protection certificate has been granted. The announcement shall contain, in addition to what is laid down in Article 11 of the relevant Council Regulation, indication of the serial number and filing date of the application and the registration number of the certificate. (21.3.1997/246)

A supplementary protection certificate shall contain the particulars referred to in paragraph 1 above.

Section 52m

(28.6.1994/595) The Patent Office shall keep a register of supplementary protection certificates granted. In the register shall be recorded the particulars referred to in the first paragraph of Section 52l of the Patents Decree and, where the proprietor has appointed a representative, the name, domicile and address of the representative. In addition the provisions of Sections 40 to 42 of the Patents Decree shall apply.

Section 52n

(28.6.1994/595) Where an application for a supplementary protection certificate has been rejected or dismissed by a final decision, an announcement shall be published of this fact. The announcement shall contain the particulars referred to in Section 52ha bove.

The Patent Office publishes an announcement of the fact that a supplementary protection certificate has lapsed where such a decision, at the request of a third party, has been taken in accordance with Article 14, item d, of the relevant Council Regulation. 821.3.1997/246)

Section 52o

(28.6.1994/595) A prescribed renewal fee is payable for a supplementary protection certificate for each fee year commencing after the expiry of the term of the basic patent.

Legislative Texts

In addition, the provisions of paragraphs 1 and 3 of Section 41 of the Patents Act apply mutatis mutandis in respect of the payment of renewal fees.

Section 52p

(28.6.1994/595) An applicant for and proprietor of a supplementary protection certificate not domiciled in Finland shall appoint a representative domiciled here as laid down in Sections 12 and 71 of the Patents Act.

Section 52q

(28.6.1994/595) If a European patent application is filed with the Patent Office, this shall, in accordance with Rule 24(2) and (3) of the Regulations under the European Patent Convention, indicate the date of filing on the documents of the application, issue a receipt for the documents and notify the European Patent Office thereof.

The application shall, in accordance with Article 77 of the European Patent Convention and Rule 15(3) of the Regulations of the Convention, be transmitted to the European Patent Office, unless otherwise specified in the Act on Inventions of Importance to the Defense of the Country (No. 551/67).

Section 52r

(15.2.1996/104) If the Patent Office receives a request for conversion of a European patent application into a national application under Article 136(2) of the European Patent Convention, the Patent Office shall immediately transmit the request together with a copy of the application to the patent authorities of the countries specified in the request.

Section 52s

(15.2.1996/104) If the Patent Office receives a European patent application which has been transmitted there for conversion into a national application under Article 136 of the European Patent Convention, the Patent Office shall immediately notify the applicant thereof.

The application fee and the translation under the first and second paragraphs of Section 70s of the Patents Act shall be received by the Patent Office within three months of the date on which the Patent Office sent the notification under the first paragraph above to the applicant. The application fee shall be computed in the same manner as the application fee under Section 8 of the Patents Act.

Legislative Texts

Section 52t

(15.2.1996/104) The Patent Office shall keep a separate record, accessible to the public, of European patent applications for which translations have been filed pursuant to Section 70n of the Patents Act.

The particulars to be entered in the record for each application include the serial number of the application, the applicant’s name and address, and the date on which the translation or a corrected translation was received by the Patent Office as well as the date on which an announcement of the filing of the translation or a corrected translation was published. Further, the date which has been accorded as the filing date of the application and the particulars listed in subparagraphs 4 to 6, 10 and 11 of the second paragraph of Section 7 shall be entered.

Once the translation under the first paragraph of Section 70h of the Patents Act has been filed, a note to that effect as well as the date on which an announcement of the filing of the translation was published shall be entered in the record. The same shall apply to any correction of such a translation received before the patent is entered in the Patent Register.

Section 52u

(15.2.1996/104) The filing of the translation and the payment of the fee under Section 70h of the Patents Act shall take place within three months of the date on which the European Patent Office has published its decision to let the patent application proceed to grant or to maintain the patent in an amended form.

The translation under the first paragraph shall comprise the title of the invention, the description, including any drawings where necessary, and the patent claims. (21.3.1997/246)

The translation under the first paragraph, 1st clause, of Section 70h of the Patents Act shall be accompanied by indication of the application number and the name and address of the applicant. The translation under the first paragraph, 3rd clause, of the said Section 70h of the Patents Act shall be accompanied by indication of the serial number of the patent and the name and mailing address of the proprietor of the patent.

If the requirements of paragraphs 2 and 3 hereof are not complied with, the translation under Section 70h of the Patents Act shall be deemed not to have been filed.

Section 52v

Legislative Texts

(15.2.1996/104) The translation under Section 70n of the Patents Act shall be accompanied by indication of the number of the application, and the applicant’s name and address. If that requirement is not complied with, the translation shall be deemed not to have been filed.

Section 52x

(15.2.1996/104) Announcements concerning translations under 70 h of Section the Patents Act shall contain:

(1)

an indication of the particulars that pursuant to the third paragraph of Section 52u shall accompany the translation;

(2)

the classes of the patent application or the patent;

(3)

the title of the invention;

(4)

the date accorded as the filing date of the application;

(5)

the date on which the European Patent Office has published its decision to let the patent application proceed to grant or to maintain the patent in an amended form; and

(6)

if priority is claimed, where the previous application whose priority is claimed was filed and the date of filing and serial number of that application.

Announcements concerning translations under 70 n of Section the Patents Act shall contain:

(1)

an indication of the particulars that pursuant to the third paragraph of Section 52v shall accompany the translation;

(2)

the classes of the patent application;

(3)

the title of the invention;

(4)

the date accorded as the filing date of the application; and

(5)

if priority is claimed, where the previous application whose priority is claimed was filed and the date of filing and serial number of that application.

Section 52y

(15.2.1996/104) Correction of the translation under Section 70q of the Patents Act shall be made by filing a rewritten copy of the document clearly indicating the correction. The correction of the translation shall be accompanied by an indication of the number of the patent application or the patent and the name and address of the proprietor of the patent or the applicant, respectively, at the risk of the correction of the translation being deemed not to have been filed.

Announcements concerning corrections of translations under the first paragraph of 70 q of Section the Patents Act shall contain:

(1) the information that pursuant to the third paragraph of Section 52u shall accompany the translation;

Legislative Texts

(2)

the classes of the patent application or the patent;

(3)

the title of the invention; and

(4)

the date on which the correction of the translation and the publication fee were received by the Patent Office.

Announcements concerning corrections of translations under the second paragraph of 70 q of Section the Patents Act shall contain:

(1)

the information that pursuant to the third paragraph of Section 52v shall accompany the translation;

(2)

the classes of the patent application;

(3)

the title of the invention; and

(4)

the date on which the correction of the translation was received by the Patent Office.