Fees associated with filing patent applications in Estonia as well as other patent fees are available in the fee calculator.
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Term for filing the patent application in Estonia
The deadline for filing the patent application in Estonia claiming conventional priority is 12 months from the priority date. If 12-month term is expired, it may be restored within 2 months after the removal of the cause of the failure to perform the action but not later than 12 months from the expiration of missed deadline.
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Filing requirements in Estonia
The official language of Estonian patent applications is Estonian. The invention title in the request to grant a patent and the abstract must be submitted in Estonian and English. If the patent application is filed in any other foreign language, the Estonian translation is to be filed within two months from the filing date.
To obtain a filing date, it is necessary to provide the Estonian Patent Office with the following:
- a request to grant a patent;
- applicant(s) and inventor(s) details;
- the title of the invention, description of the invention, patent claims, drawings (if any), abstract of the invention;
- proof of payment of the corresponding fees.
A certified copy of the Priority Document must be filed within sixteen months of the earliest priority date.
The Power of Attorney is not required, meanwhile, it may be requested by the Patent Office at any time during prosecution. The legalisation or notarisation of the Power of Attorney is not required.
If the applicant is not an inventor, the Assignment Deed certifying the right to apply for the patent may be provided upon filing the application in Estonia.
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Examination of an Estonian patent application
Patent applications in Estonia undergo both formal and substantive examination. The substantive examination is carried out automatically upon publication of the application.
An Estonian application may be filed within twelve months after the disclosure of the information about the invention by a party who has a right to apply for the patent or in case a disclosure was made in bad faith by any third party. The evidence substantiating the display of the invention must be filed alongside an application.
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Grant, validity term and patent maintenance fees
The official fee for the grant and publication of the patent description must be paid within three months from the date of issue of a decision. The validity term of a patent in Estonia is 20 years from the filing date. Annual fees are due starting from the first year following the filing date and are payable in respect of pending applications. The official fees for the 1st and 2nd years of validity should be paid simultaneously with payment of annuities for the 3rd year. The due date is the last day of the month in which the anniversary of the filing date occurs. Annuity payment may not be made earlier than six months prior to the due date. Annual fees may be paid within a six-month grace period on condition of payment of a surcharge.
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Duration of registration procedure
The average processing time for patent registration procedure in Estonia is 3 years.
Inventions may also be protected as Utility Models in Estonia. Utility model applications are subject to formal examination only. Inventions belonging to the field of biotechnology cannot be protected as utility models in Estonia. The validity term of a utility model in Estonia is 10 years from filing date. It takes an average of two years to register a utility model in Estonia.
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Representation by a patent attorney
For foreign applicants residing outside Estonia it is obligatory to perform the patent prosecution through a registered Estonian patent attorney.
1. Online Search Databases: Estonian Patents, European Patents (EPO).
2. Patent protection in Estonia may also be obtained by European Patent and its further validation in Estonia.
Brief summary is based on the information provided by Mikhailyuk, Sorokolat & Partners on 09.04.2024
Please contact us if the above information is not in conformity with Estonian IP Laws