Types of patent applications and forms

Application for national processing of a PCT application

Pursuant to § 33 (1) of the Patents Act and Articles 22 and 27 of the Patent Cooperation Treaty (PCT), and Rule 49.5 (a) the following documents are required for the filing of a PCT application for national proceedings:

• application for national processing of a PCT application (hereinafter application);
• Estonian translation of the description of the invention;
• Estonian translation of patent claims;
• a drawing or other illustrative material (hereinafter drawing);
• Estonian translation of a short summary of the essence of the invention;
• a document certifying payment of the state fee;
• a declaration of the right to apply for a patent, unless the applicant is the author or, in the case of co-authorship, only co-authors or the right to apply for a patent is declared in the application for a PCT (form PCT/RO/101);
• a power of attorney if the application for PCT is submitted through a patent attorney or by a joint representative pursuant to § 131 of the Patent Act;
• a document explaining the change in the identity of the author or applicant if it differs from the title page of an international publication published in accordance with Article 21 of the PCT;
• an application for amendment of the applicant’s data and a document certifying payment of the state fee and, in the cases provided for in § 44 (3) of the Patent Act, a document certifying the transfer of the patent application if the application for PCT has been transferred to another person and the transfer has not been formalised by the International Bureau in international proceedings.

Application for national processing of a PCT application:

 Power of attorney:

 Declaration of the right to apply for a patent:

• Procedure for Filing an International Patent Application at the Estonian Patent Office (only in Estonian)

Filing of a European patent application or a conversion of a European patent into a national patent application or an application for registration of a utility model

In order to transform a European patent application or European patent into a national patent application or application for registration of a utility model, the applicant or the owner of the patent must submit to the Estonian Patent Office a translation of the European patent application submitted to the European Patent Office pursuant to the conditions provided for in Articles 135 to 137 of the Convention and § 11 of the Convention application Act.

The following must be added to the translation of the European patent application:

• a request or cover letter stating the purpose of the documents;
• a document certifying payment of the state fee;
• power of attorney, if the translation is submitted by a patent attorney.

Application for conversion of a European patent application / patent into a national application:

• Procedure for submission of European patent applications to the Estonian Patent Office and forwarding of European patent applications to the European Patent Office, submission and disclosure of translation of patent claims and patent specifications of European patent applications and conversion of European patent applications into national patent applications and applications for registration of utility models (only in Estonian)