Patents: Estonia

General Information

International Agreements : EPC, PCT, Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs.

Patent Types : National Patents, PCT-applications national phase, European patents validation, Utility Model Certificate, Integrated Circuits Certificate, Design Certificate.

Novelty Requirements : worldwide novelty; for inventions also invention step.

Claiming priority : 12 months from filing date.

Examination : Full examination, i.e. novelty, inventive step, is needed for national patent applications and PCT-applications.

Protection Period : for patents max. 20 years, for integrated circuits 10 years - all from the filing date.

Publication : The first publication after expiration of 18 months from the filing date.

Annuities : Yearly (except the first to third years are paid together), the deadline for payment is the last day of the calendar month when the corresponding year of validity begins. Payment is due within 6 months before the deadline.

Grace Period for Payments : 6 months after the deadline.

Compulsory Licensing : Yes - A person who is interested in using a patented invention and is capable of doing so in the Republic of Estonia, may, upon refusal of the proprietor of the patent to grant a licence, file an action in court for acquiring a compulsory licence.

Working or nominal working of Patents : Not compulsory, however if the proprietor of the patent has not used the invention in the Republic of Estonia within three years after publication of the notice concerning the issue of the patent or within four years after filing a patent application, and in such case the term which ends later shall apply, then compulsory licence may be acquired.

Notes : The proprietor of a patent has no right to prohibit further use for commercial purposes of a product protected by a patent when the product has been put on the market in the territory of the Republic of Estonia or a State party to the Agreement on the European Economic Area by the proprietor of the patent or with the proprietor's consent (Exhaustion of rights).

 

Filing Requirements

Patent Filing Requirements

  1. Name, address of applicant and inventor,
  2. Description, claims, drawings, abstract,
  3. Priority document (for applications filed directly as national applications),
  4. Power of Attorney simply signed.
  5. Declaration (for PCT applications only, if necessary).


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