The European patent, where the Republic of Estonia is a designated country, is legally equal with the national patent, in case a patent attorney submits a translation of the European patent specification into the Estonian language and pays the state fee for the publication of the translation within three months since the announcement of the grant of the patent by the European Patent Office. The term for submission of the translation may be extended by two months by paying a supplementary state fee for the extension (Implementation of Convention on Grant of European Patents Act § 7).
The application can be filed via the portal of electronic filing of applications for legal protection of industrial property. The application may also be filed by post or delivered by yourself.
A separate register of the European patents valid in Estonia is maintained and it is legally equal to the patent register. Registrations are numbered in the order of registration of the European patents. The format of the registration number is E000000, where a numeral part has 6 digits starting from number 1 and corresponds to the number of the order of registration.
To disclose the translations of the amended European patent description, the patent owner will submit a translated European patent description in Estonian and pay the state fee. See European patent document definitions.
For maintenance of the European patent valid in Estonia a patent owner has to pay a state fee for every year of validity. Maintenance fee is paid to the Estonian Patent Office since the year of validity following announcement of the grant of the European patent by the European Patent Office.
To the registry procedures related to European patents valid in Estonia – patent maintenance, transfer of patent, changes in the patent owner's information, registration of license – patent law requirements apply.
There is no more precise regulation on the encumbrance of a patent with a pledge. Therefore, the provisions of the Trade Marks Act apply to the registration of a pledge (§ 30–34 of the Trade Marks Act).
The applicant will be notified of the entry within 20 working days from the date of receipt of the required application and the necessary documents.
Last updated: 31.01.2022