Transfer of patent

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The proprietor of a patent may transfer the patent to another person. Upon the death of the proprietor of a patent or dissolution of the proprietor if the proprietor is a legal person, the patent transfers to a successor or legal successor.

In order to amend the data on the proprietor of a patent or proprietor of supplementary protection in registration data, the proprietor of a patent or the transferee of the patent or supplementary protection shall file a request and information concerning the paid state fee with the Patent Office. If the request is filed by the transferee of the patent or supplementary protection, the request shall be accompanied by reliable documents certifying the transfer.

The request for the transfer of the patent shall be filed within one year from the date of transfer of the patent determined by the transaction or from the date of creation of legal succession. If a patent is transferred pursuant to a court judgement, the request shall be filed within one month from the date on which the court judgement enters into force.

The Patent Office shall make an entry on transfer of the patent in the register, which will enter into force on the publication date in the official gazette Eesti Patendileht of the Patent Office.

A patent is deemed to be transferred to another person from the date of transfer pursuant to a transaction or court judgement, or from the date of creation of legal succession.

A person to whom a patent is transferred, may commence to use of the rights of the proprietor of the patent as of the date on which the entry of the transfer of the patent becomes valid, i.e. since the publication date in the Eesti Patendileht (Patents Act § 45).

Upon dissolution of the legal person who is the patent owner and the rights have not been transferred, the patent becomes invalid.

 

 

 

 

 

 

 

Last modified 22.02.2017