In Estonia inventions are protected by patents or utility models. An invention is a technical solution, created to solve a technical problem in a technical world. The technical solution is new, not derived from the state of the art, it is obvious to the expert of the field and is industrially applicable.
The object of the invention may be a device, a method, a substance and/or a combination thereof. Computer algorithm or program, scientific theory, plan of economic and thought activities, rule, rule and method, building and land design, etc. are not the object of an invention.
A patent or a utility model is the most effective means of combatting competition by granting the right to prohibit others from making, selling or using their invention. If protection is sought in Estonia, the patent or utility model application must be submitted to the Estonian Patent Office.
More information about the protection of the invention can be found on the website of the Patent Office www.epa.ee.
Filing for an Estonian patent
In order to register a patent, it is necessary to submit a patent application, in Estonian, to The Estonian Patent Office.
The patent application can be filed electronically via the e-services portal of the Patent Office (persons holding an Estonian identity card), by post to the Patent Office at Tatari 39, 15041 Tallinn or by delivery.
When applying for a patent, the following key documents must be submitted:
- Patent application
- Description of the invention, in which the invention must be disclosed in a sufficiently clear and concise manner which enables a person skilled in the art to make the invention
- Patent claim
- Drawing or other illustration, if applicable
- Short summary of the nature of the invention
In addition, the following additional documents:
- Documents substantiating the priority claim if a priority claim is filed (documents supporting the priority claim need not be submitted if the priority claim is based on an initial application for registration or patent application filed in Estonia)
- Document proving the deposit of a biological substance where the object of the invention is a biological substance or the invention requires the use of a biological substance and the biological substance is not available to the public and cannot be described in the description of the invention in such a way as to enable a qualified person to carry out the invention
- Application for classification of a patent application and a certificate from the Ministry of Defence or a foreign competent authority concerning the classification of the invention if the application for a patent contains, respectively, a classified state-protection invention of the Minister of Defence or a foreign classified invention for which a patent application has been made on the basis of an external agreement
The requirements for drawing up and finalising documents are presented in the legal act Content and Formal Requirements for Patent Application and Procedures for Submission to the Patent Office.
Documents related to a patent application must be submitted in Estonian. The documents relating to the patent application (with the exception of the application for a patent) may also be submitted in a foreign language. If the patent application is in a foreign language, the patent applicant must submit a translation into Estonian within a specified time limit. The name of the invention in the patent application and a brief summary of the nature of the invention are presented in Estonian and English.
A person whose residence or location is outside the Republic of Estonia may file a patent application themselves or using a patent attorney; further proceedings related to the patent application procedure are conducted only via the patent attorney.
The date on which the application arrives at the Patent Office is considered its filing date. The patent application is published in the Estonian Patent Gazette 18 months after the filing of the patent application.
The state fee for filing a patent application has to be paid no later than in two months’ time from the date the patent application was filed. The fee for filing a patent application is EUR 225. If the patent application is filed by an applicant who is a natural person or by several applicants who are natural persons, the fee is EUR 56. If the patent claim consists of more than ten clauses, an additional payment of EUR 13 per clause must be paid from clause 11 onwards. The registration of inventions in the patent register is subject to the payment of a fee of EUR 96.
The Estonian Patent Office verifies the novelty, inventive step and industrial applicability of an invention in order to determine its patentability.
The patent shall be valid for 20 years in the Republic of Estonia and most other countries. To maintain the validity of the patent application and patent, it is necessary to pay a state fee for each year of validity.
Request for the registration of a utility model
Applications for registration a utility model are submitted to The Estonian Patent Office.
Applications can be submitted electronically via the e-services portal of the Patent Office (persons holding an Estonian identity card), by post to the Patent Office at Tatari 39, 15041 Tallinn or by hand.
When applying for the registration of a utility model, the following basic documents must be provided:
- Request for the registration of a utility model
- Description of the invention, in which the invention must be disclosed in a sufficiently clear and concise manner which enables a person skilled in the art to make the invention.
- The claims of the utility model.
- Drawing or other illustration, if applicable.
- An abstract of the invention.
In addition, the following supporting documents are required:
- Supporting documents of the declaration of priority, when submitting a declaration of priority. Supporting documents of the declaration of priority do not have to be submitted if it is the first registration application or patent application submitted in the Republic of Estonia.
The requirements for drawing up and finalising documents are presented in the legal act Content and Formal Requirements for Utility Model Application and Procedures for Submission to the Patent Office.
The registration application is submitted in Estonian. The documents relating to the utility model registration (with the exception of the application for utility model) may also be submitted in a foreign language. If the text of application is in a foreign language, the applicant must submit a translation into Estonian within a specified time limit. The name of the invention in the registration application of the utility model and the abstract describing the invention must be in both Estonian and English.
A person whose residence or location is outside the Republic of Estonia may file an application for registration of utility model themselves or using a patent attorney; further proceedings related to the processing are conducted only via the patent attorney.
When submitting the registration application of a utility model, a state fee must be paid. The sum of the state fee in the case of a natural person or solely natural persons is EUR 26, whereas in the case of a legal person a state fee in the sum of EUR 105 must be paid.
The applicant must guarantee that the utility model meets the criteria of novelty and level of inventiveness. The Estonian Patent Office will still carry out a state-of-the-art search and forward the search report to the applicant. Based on the search report, the applicant may implement improvements and changes within two months from the release of the report, however this is not obligatory.
The registration of a utility model is valid for four years from the date that the application was submitted. It is possible to extend the validation of the registration for four years, and an additional two years thereafter. It is necessary to pay a state fee for the extension of the registration.
Protection of an invention abroad
There are three ways to apply for a patent abroad:
- Submit a patent application to the Patent Office of the corresponding country.
- Submit an international application to the Patent Office or to the International Bureau of the World Intellectual Property Organization (WIPO). In order to be eligible, the patent applicant will henceforth have to communicate with the national patent offices of the countries specified in the application.
- Submit an application to the European Patent Office for a European patent. Apart from granting a European patent, the patent proprietor has two possibilities to obtain legal protection in European countries: submission of documents to the Member States of the European Patent Convention for the entry into force of a European patent; or submission of an application to the European Patent Office for a patent with unitary effect in EU countries.
Enforcement of a European patent in Estonia
A European patent in which the Republic of Estonia is indicated is legally equivalent to a national patent if, within three months from the date of notification of the issuance of the patent by the European Patent Office, the patent owner submits a translation of the European patent description in Estonian to the Estonian Patent Office and pays a state fee of 45 euros for publicising the translation. The deadline for submitting the translation can be extended by two months by paying an additional state fee of 32 euros for the extension.
The translation of the European patent description is submitted directly or by mail to the reception of the Patent Office at 39 Tatari Street, 15041, Tallinn.
Holders of an Estonian ID card can submit an application electronically through the e-services portal of the Patent Office.
The translation of the European patent description can be submitted by the patent applicant themselves or by their authorised patent attorney or a joint representative in the case of several patent applicants.
The following documents are added to the translation of the European patent description:
- the request to publish the translation in Estonian
- a document proving the payment of the state fee or details on the paid state fee
- a power of attorney if the translation is provided by a patent attorney (optional)
The request for the publication of a translation of the European patent specification must contain at least the following information:
- the number of the European patent
- the date of filing the European patent application
- the name of the invention
- the details of the patent applicant
- the details of the representative if the patent owner has appointed a representative to carry the national proceedings related to maintaining the validity of the European patent in Estonia.
In order to maintain the validity of a European patent valid in Estonia, the patent owner must pay a state fee for each year of validity. The state fee for maintaining the validity of the patent is paid to the Estonian Patent Office from the year of validity following the notification of the issuance of the European patent by the European Patent Office.
State fee for maintaining the validity of the patent
State fees for maintaining the validity of a patent application, patent, and European patent can be found on the website of the Patent Office.
If the state fee for maintaining the validity of a patent application, a patent, or a European patent is paid after the payment deadline, 10% of the corresponding state fee rate must be paid in addition to the state fee rate.