Filing of a patent application
A patent application may be filed with the Estonian Patent Office either by post (ordinary or courier mail) at the address of the Estonian Patent Office or brought to the Patent Office personally. A patent application can be electronically filed via the portal of electronic filing.
A patent application can be submitted to the Reception or put into a twenty-four-hour mailbox.
A patent application shall be accorded a filing date as of the date of actual receipt (receiving date) of the documents by the Estonian Patent Office.
The receiving date of a patent application received by ordinary post is the date of the actual arrival of mail to the Estonian Patent Office. The receiving date of a patent application received on rest days and holidays is considered the first workday after the holiday.
The date of posting of a patent application is not taken into account in determining the receiving or filing date.
The receiving date of a patent application delivered by courier mail is the date on which the courier gave the patent application to the Estonian Patent Office.
In case of filing a patent application with the Estonian Patent Office using the twenty-four-hour mailbox, the receiving date is considered the date of posting of a patent application into the said mailbox. The mailbox is emptied daily at midnight.
Filing Date of a Patent Application
The filing date of a patent application shall be the date of receipt (receiving date) by the Estonian Patent Office of a set of documents that contains at least the following elements of a patent application:
- a request for the grant of a patent or other proof that the submitted documents should be treated as a patent application filed in Estonian;
- name and address of the applicant or data necessary to deliver notices from the Estonian Patent Office to the applicant;
- a document which on the face of it appears to be a description of the invention.
Where, upon review of the documents received, the Patent Office finds that an element of the patent application listed above is missing from the set of documents, the Patent Office shall notify the person who filed the patent application. Missing elements shall be delivered within two months from the date of the Office note. The Patent Office shall establish the date on which the applicant has eliminated all the deficiencies in the initially submitted documents as listed by the Patent Office as the filing date of the patent application.