A patent application is a set of documents prepared according to certain rules that shall be filed with the Patent Office by the author of the invention or the person who has the right to apply for a patent.
The formal and substantive requirements for the documents contained in the patent application and the procedure for filing patent applications are established by the Patents Act (Patents Act § 19 and § 20) and the regulation by the Minister of Economic Affairs and Communications The Formal and Substantive Requirements for the Documents Contained in the Patent Application and the Procedure for Filing Patent Applications (in the Estonian language).
A patent application includes the following basic documents:
- a request for the grant of a patent (1 copy);
- a description of the invention (3 copies);
- patent claims (3 copies);
- drawings or other illustrative material upon request (3 copies);
- an abstract of the subject matter of the invention (2 copies).
Besides the basic documents the following documents have to be annexed to a patent application:
- an authorisation document if the patent application is filed via a patent attorney;
- documents certifying the priority claim;
- a document certifying the deposit of a biological material, if the subject of the invention is a biological material or the invention requires the use of a biological material and if the said biological material is not available to the public and it cannot be described in the description of the invention in a manner which would enable a person skilled in the art to make the invention;
- an application for classifying the patent application and a certificate of the Ministry of Defence or a competent authority of a foreign state concerning classification of the invention if the patent application contains either an invention relating to national defence classified by the Minister of Defence or an invention classified in the foreign state the application for the patenting of which has been submitted on the basis of an international agreement.
The documents should be filed in Estonian. The name of the invention in the request for the grant of a patent and the abstract of the subject matter of the invention should be submitted/filed in Estonian and English. The Patent Office has the right to request the submission of the Estonian translation of any foreign language document included in a patent application, document annexed to a patent application or document submitted in the course of processing.
A request for the grant of a patent has to be compiled on a prescribed form. The forms are available in the Estonian Patent Office or on the website of the Estonian Patent Office. A request for the grant of a patent has to be in Estonian. The patent application is not accepted if/in case a request for the grant of a patent is filed/submitted in a foreign language.
The text of all basic documents (incl. a request for the grant of a patent) should be filed typewritten.
The aim of the description of the invention is disclosure of the subject matter of the invention. The subject matter of the invention should be disclosed in such full, clear, concise and exact terms as to enable a person skilled in the art or science to understand the essence of the technical problem as well as its solution thanks to the particular invention.
The title of the description of the invention is the title of the invention, which shows clearly and concisely the technical purpose of the invention and is in accordance with the subject matter of the invention.
A description of the invention consists of the following:
- technical field – an area of engineering where the invention belongs to and the area of use of the invention are provided;
- the state of art - descriptions of earlier known analogous inventions and other technical solutions are provided to the patent applicant;
- the subject matter of the invention should contain all the features of an invention given in the patent claim and the technical result of the invention is aiming at;
- a list of drawings or other illustrative material - a list of drawings or other illustrative material is provided as well as a short explanation on their contents;
- an example or several examples of making or using the invention.
The beginning and the end of the parts of the description should be distinctive.
Patent claims define the subject matter for which the protection is sought and the scope of patent protection.
Patent claims consist of one independent and one or several dependent claims. In case the patent application includes a group of inventions so linked as to form a single general inventive concept, the patent claims contain one independent claim with regard to one invention and an appropriate number of dependent claims. Each independent claim of the patent claims should include essential technical features of the invention and each dependent claim should elaborate on the essential technical features of the invention provided in the previous claims.
Wherever appropriate a two-part claim should be adopted. The first part should contain a statement indicating “the designation of the subject-matter of the invention”, i.e. the general technical class of apparatus, process, etc., to which the invention relates, followed by these essential technical features of the invention, which are common with the features of the most similar solution in the state of art. The second part or “characterising portion” starts with the expression “characterised by” or a similar wording followed by these essential technical features of the invention, which are novel compared to the features of the closest features of the solution known in the state of art.
The aim of the abstract is to provide technical information concerning the invention. The abstract should be clear and concise, and enable to solve the technical by the invention. The abstract shall be filed in English and Estonian. The length of the text in each language should not exceed 150 words.
Drawings or other illustrative material are provided, whenever these are necessary for understanding the invention. The drawings should be included in the patent application filed with the Patent Office. All drawings or illustrations are made in compliance with the requirements of technical drawing. The lines should be well-defined, dense and dark lines (without shades and colours). The drawings should be filed on paper in A4 format. The drawings should be filed without titles, descriptions and notes, with the exception of references such as “water“, “open“ “Section A-A“ etc. as well as symbols in circuit diagrams and other schemes. More than one image can be put on one page, but all of them have to be distinctively separated from one another.
The structure of the description of the invention and the patent claim is built on the basis of a comparison between the invention and an earlier similar solution.
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.
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.
Applications for legal protection of industrial property can be filed on-line via the portal of electronic filing. The portal is in Estonian.
The Estonian ID-card is required for the entry into the portal. A patent application can only be filed with the Estonian Patent Office after it has been digitally signed by the applicant(s) or the patent attorney. Upon request the Estonian Patent Office issues a notification about the acceptance of the patent application. The notification can be saved or printed out. It is possible to view your earlier filed applications via the portal.
Priority is the preferential right of the person who files the first registration application or patent application to apply for legal protection of an invention as a utility model. The filing date of the first registration application or patent application shall be considered the date of priority.
Last updated: 05.04.2022