• Patent fees

Fees associated with the Estonian PCT national phase entry as well as other patent fees are available in the fee calculator.

• Deadline for PCT national phase entry in Estonia 

The term for entering the Estonian PCT national phase is 31 months from the priority date. This term 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.

• Filing requirements in Estonia

The official language of Estonian patent applications is Estonian. The invention title in the request and the abstract must be submitted both in Estonian and English. If the patent application is filed in any other foreign language, the Estonian translation must be provided within two months from the PCT national phase entry.

To obtain the date of filing, a PCT national phase patent application in Estonia should contain:
- a request to grant a patent;
- applicant(s) and inventor(s) details;
- international application materials;
- proof of payment of the corresponding fees.

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.

• Examination of the Estonian application

Patent applications in Estonia undergo both formal and substantive examinations. The substantive examination is carried out automatically upon publication of the application.

• Novelty grace period

Novelty grace period is 12 months from disclosure of the information about the invention before the international filing date or priority date thereof if priority is claimed. Disclosure does not disprove the novelty of the invention if it was made 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.

• Grant, validity term and 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 Estonian patents is 20 years from the international filing date. The official annual fees are payable in respect of pending applications. Annual fees for the 1st, 2nd and 3rd year of validity shall be paid within 6 months before the 2nd anniversary of the international filing date. All subsequent annuities are due annually before the last day of the month in which the anniversary of the international filing date occurs. Annuity payment may be made within a six-month grace period on condition of payment of a surcharge. 

• Duration of registration procedure

The average processing time for patent registration procedure which has entered the PCT national phase in the Estonia is 36 months.

• Utility Model

In Estonia, it is possible to enter the national phase of a PCT application as a utility model. Utility model applications undergo a formal examination only. Inventions belonging to the field of biotechnology cannot be protected as utility models in Estonia. The validity term of the utility model is 10 years from the international filing date. It takes an average of two years to register a utility model in Estonia.

• 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.

• Notes

1. Online Search Databases: Estonian Patents, European Patents (EPO).
2. PCT application in Estonia may also be nationalised via entering the European regional phase 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