Any person may file a complete or partial revocation application with the Board of Appeal and request the revocation of a patent
within nine months from the publication date of the notice of grant of the patent (PA § 50 ). A patent can be contested on the basis of the following allegations:
- the invention does not comply with the patentability criteria (PA § 8 );
- the invention is not disclosed in the description of the invention in a sufficiently clear and concise manner to enable a person skilled in the art to make the invention;
- the invention protected by the patent does not correspond to the subject matter of the invention as disclosed in the initial patent application.
indefinitely (PA § 50 lg 21 ), including after the expiration of the patent, if the applicant believes the patented invention doesn't meet the criteria for patentability.
In accordance with the time frame outlined in § 64 (1) of the Principles of Legal Regulation of Industrial Property Act, a party to the processes of the application who is dissatisfied with the Board of Appeal's decision may initiate a lawsuit against another party to the proceedings.
A person against whom a lawsuit has been filed in the case of unlawful use of a patented invention may file a lawsuit for the complete or partial revocation of a patent (PA § 54 (6)).
If the appropriate changes are made to the patent after the patent dispute is partially resolved, the invention will still be protected. The patent owner must file the changed invention description and patent claim with the Estonian Patent Office within three months after the decision's effective date and pay a state fee for patent changes in order to make these changes to the patent.
The Patent Act specifies reasons for contesting an invention’s authorship (PA § 48) and the patent owner (PA § 49) in addition to contesting a patent. Such disputes are also resolved by the Board of Appeal on the basis of the application of the entitled person, and in the case prescribed by law, by the court.
Last updated: 19.01.2022