Estonia Patent Law
The law that govern patents in Estonia is the Patents Act, Passed 16.03.1994, RT I 1994, 25, 406 Entry into force in 23.05.1994.
Estonia is member party of the following agreements and conventions
* Paris Convention
Remarks: Estonia acceded to the Paris Convention (Washington Act, 1911) with effect from 12 February 1924. It lost its independence on 6 August 1940 and regained it on 20 August 1991.
* Patent Cooperation Treaty (PCT)
* Budapest Treaty
* Strasbourg Agreement
* Patent Law Treaty
Estonia Patent Filing requirements
- Full name and address of the applicant(s);
- Full name and address of inventor(s);
- Invention specification including claims, description, abstract and drawings;
- Priority documents if convention priority is claimed (can be filed within 16 months from the priority date);
- If the inventor(s) is not the applicant(s), information to show the right of the applicant to apply for the patent (as legal successor of the inventor(s), by virtue of contract of employment, or a contract other than contract of employment);
- Power of Attorney (POA) simply signed. Can be deposited within 2 months after filing.
Estonia Patent Registration Procedure
The patent application is filed at The Estonia Patent Office (PATENDIAMET). After completion of the filing procedure the application undergoes a formal examination within one month. In case of meeting the requirements of formal examination the patent application is published upon expiration of 18 months from the application filing date or priority date (if any). Then the application undergoes a substantive examination. If the application complies with all requirements of the examination the grant decision is issued. On condition of payment of the grant fee by the applicant a patent is issued and the grant decision is published. Any interested person may file an opposition against the grant decision within 9 months from the grant decision publication date.
The approximately time to obtaining a patent in Estonia is about 3 years.
The validity term of a Patent in Estonia is 20 years from the filing date. For pharmaceutical patents and patents for agrochemicals it is possible to apply for extension of this term for 5 years.
PCT and Priority
The term for entering the Estonian national phase of a PCT application is 31 months from the priority date. The term for filing a conventional patent application in Estonia is 12 months from the priority date.
Estonia INDUSTRIAL DESIGN Law
Is the Industrial Design Protection Act, Passed 18.11.1997, RT I 1997, 87, 1466 and Entry into force 11.01.1998.
Estonia Industrial Design Filing requirements
- Full name and address of the applicant(s),
- Full name and address of author(s);
- Detailed description of the design including essential features;
- Photos or drawings of the design representing each view of the design;
- Certified copy of priority document if priority is claimed (may be filed within nine months from the priority date);
- If the author(s) is (are) not the applicant - by virtue of what the applicant has got the right to apply for registration of the design;
- Power of Attorney simply signed.
Estonia Industrial Design Registration Procedure
After completion of the filing procedure the application undergoes a formal and substantive examination. If the application complies with all requirements of the examination the grant decision is issued. On condition of payment of the grant fee by the applicant a design certificate is issued and the grant decision is published. Any interested person may file an opposition against the grant decision within 3 months from the grant decision publication date. The approximately timeframe of obtaining a design certificate is about 12 months.
The maximum validity term of an industrial design patent in Estonia is 25 years from the filing date, i.e. 5 terms for 5 years each.
The term for filing a design application in Estonia claiming conventional priority is 6 months from the priority date.
The industrial design application in Estonia may include several designs (variants) in one multiple industrial design application if the designs concern the same object or may be identified as a kit of goods and have a single design concept.
Estonia Trademark Law
Legal basis is the Trademark Act of May 1st, 2004, last redaction entered into force April 1, 2019.
Estonia is a member of the Madrid Protocol since November 18th, 1998. Since May 1st, 2004, Estonia has been a member of the European Union.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Trademarks which were protected in the former Soviet Union enjoy protection in Estonia only if they were re-registered within the period stipulated.
Nice classification, the 2019 version of 11th edition. Multiple-class applications are possible.
A Simply signed Power of Attorney (POA) is sufficient. The power of attorney shall be submitted within two months after the request.
Estonia Trademark Registration Procedure
The application is filed at The Estonian Patent Office (PATENDIAMET).
* The Official Acknowledgement of the receipt of the application is issued within 90 days.
The application process includes a formal examination and an examination on absolute grounds, there is no examination on relative grounds.
Signs not deemed distinctive in the examination can be registered if distinctive character has been acquired by use.
Before registration, a notice concerning a decision to register a trademark is published in the official Gazette (Eesti Kaubamärgileht).
The first office action is taken after approx. 6 months. The registration of a trademark is published as well.
National Opposition Period
The opposition period at the Board of Appeal is 2 months from publication date of the notice concerning a decision to register a trademark.
The trademark application is registered within 120 days after opposition.
The processing time from first filing to registration is approx. 12 to 14 months.
A trademark registration in Estonia is valid for 10 years from the application date. The registration is renewable for periods of 10 years.
Estonia allow to apply for a renewal within 12 months before the deadline. There is also a 6-month grace period which allows applying for a renewal after the deadline upon payment of a stipulated fine. Reinstatement of a lapsed trademark (after expiration of a grace period) is not possible.
Remarks about the trademark registration process in Estonia
After completion of the filing procedure the application undergoes formal and substantive examination. On condition of complying with all requirements of the examination the grant decision is issued and the trademark is published in the Official Bulletin. Within two months from the publication date any interested person may file an opposition against the trademark registration. In the absence or rejection of the opposition and upon payment of the official registration fee by the applicant the trademark is registered.
Cancellation grounds for trademark register in Estonia
* Cancellation based on relative grounds may be filed to Court within 5 years after an interested party got aware about the use of the trademark;
* Cancellation based on absolute grounds may be filed to Court within 5 years after an interested party got aware about the use of the trademark;
* Cancellation based on non-use may be filed to Court. The grace period is 5 years from registration.