The Estonian Patent Law

The Estonian Patent Law came into force on 23 May 1994.

Since 5 February 1994 Estonia is a member state of WIPO and since 24 August 1994 a member state of the Paris Convention and of the PCT. Since 14 September 1996 Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure was enacted. Since 27 February 1997 Estonia is also the member state of Strasbourg Agreement Concerning the IPC.

The general outline of the Law is as follows (please consider the article "HOW TO FILE AN PATENT APPLICATION IS ESTONIA" for filing requirements and the article concerning "FEES FOR FILING AND TRANSLATING PATENT APPLICATIONS" for charges!):

SUBJECT OF INVENTION

The subject of an invention can be equipment, method, substance or microorganism strain, or their combination. Also the use of known equipment, method, substance or microorganism strain may be regarded as the subject of an invention.

EXAMINATION PROCEDURE

In the course of the substantive examination, the Patent Office, shall examine the invention in order to ascertain whether it's criteria on PATENTABILITY has been met. The invention is deemed patentable if it is NOVEL, involves an INVENTIVE STEP and is INDUSTRIALLY APPLICABLE.

The extent of patent protection shall be determined by the terms of the patent claim or claims.

PRIORITY

The date of filing with the Patent Office of the first patent application or utility model registration application shall be deemed the priority date. The priority of the earlier patent or utility model application may be claimed according to Paris Convention.

PUBLICATION

The Patent Office shall lay the patent application open to public inspection and publish the corresponding announcement in its official publication ("EESTI PATENDILEHT", Estonian Patent Journal) after the lapse of 18 months from the filing date of the patent application, in the case of claiming priority from the priority date.

CONTESTING DECISIONS OF PATENT OFFICE DURING EXAMINATION PROCEDURE

The applicant may contest the decision of the patent Office at the Board of Appeals of Industrial Property, or in court. The complaint may be lodged at the Board of Appeals within two (2) months from the date of passing the decision.

ENTERING INTO THE REGISTER

An invention shall be entered into the State Register of Patents upon the decision of the Patent Office, of the Board of Appeals or of the court on granting the patent. The Patent Office shall announce the grant of the patent in its official publication. The patent specification shall be published at the date of the announcement on the grant of the patent.

CONTESTING THE PATENT

Within nine (9) months from the date of publication of the announcement on the grant of the patent any person may lodge a complaint at the Board of Appeals regarding the legitimacy of the grant of the patent, paying the fee, or he may file a lawsuit.

VALIDITY OF PATENT AND ANNUITIES

The term of the patent shall be 20 years from the date of filing of the patent application.

The filing date of the patent application shall be deemed to be the beginning of the year of validity.

Annual fee shall be paid within 6 (six) months, before the last day of the calendar month, when the corresponding year of validity begins; the annual fees for the first, the second and the third year of validity shall be paid simultaneously within 6 (six) months before the due date of the annual fee for the third year of validity. Please also consider our list of charges.

INTERNATIONAL PATENT APPLICATION

The Estonian Patent Office shall act as a receiving office, as a designated office and as an elected office as defined an Art.2 of the PCT.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.