Invalidation of a utility model

1.1 Processing of an invalidation claim

The Finnish Patent and Registration Office informs the holder of the utility model about the invalidation claim and provides a three-month period for the holder to respond to the claim. If the holder does not oppose the invalidation claim in writing, the registration will be invalidated.

If the holder opposes the invalidation claim in writing, a round of statements begins. The holder’s statement is sent to the claimant, who has two months to respond to it. The claimant’s statement is then sent to the holder, who again has two months to respond. After this, the holder’s statement is once again sent to the claimant.

If the holder continues to oppose the invalidation after the round of statements, the registration authority examines the invalidation claim and the documents from the statement round.

1.2 Partial Invalidity Possible

In the invalidation procedure, a utility model can only be partially invalidated if the holder of the utility model submits new protection claims that fulfill the requirements for registration in response to the invalidation claim. Unlike patents, utility models can only be invalidated through the invalidation procedure, and there is no separate opposition procedure for utility models.

If the invalidation claim is rejected, the claimant has the possibility to appeal the decision to the Market Court. On the other hand, if the invalidation claim is accepted, the party that lost the registration of the utility model has the right to appeal. Both parties also have the right to appeal in cases of partial invalidation of the utility model.