patenttisuojattavuus

Patenttisuojattavuus refers to the patentability of an invention, meaning whether it meets the legal requirements to be granted patent protection. In Finland, as in many other jurisdictions, an invention must be new, involve an inventive step, and be capable of industrial application to be patentable. Newness requires that the invention has not been disclosed to the public before the filing date of the patent application. Inventive step means that the invention is not obvious to a person skilled in the art, considering the existing prior art. Industrial application signifies that the invention can be made or used in any kind of industry, including agriculture.

Certain subject matter is explicitly excluded from patentability, such as scientific theories, mathematical methods, aesthetic creations, and plans or rules for performing mental acts, playing games, or doing business. Inventions contrary to public order or morality are also not patentable. The assessment of patenttisuojattavuus is typically performed by a patent examiner at the Finnish Patent and Registration Office (PRH) during the examination of a patent application. If an invention is deemed patentable, a patent is granted, giving the patent holder exclusive rights to exploit the invention for a limited period, usually 20 years from the filing date. This exclusivity allows the patent holder to prevent others from making, using, or selling the invention without permission.