Priority claim
The filing date of the first patent application or registration application of a utility model is considered to be the date of priority.
If a patent application is filed with the Estonian Patent Office within twelve months by the same applicant for the same invention and priority is claimed, priority can be established on the basis of the filing date of the first patent application or registration application of a utility model. The document certifying the priority claim shall be a copy of the initial patent application or utility model application certified by the office which received the initial application.
The applicant may submit the priority claim and supporting documents within 16 months from the date of priority.
Documents proving the priority claim do not need to be submitted:
- if the priority claim is based on an initial patent application or an application for registration of a useful model filed in the Republic of Estonia;
- if the applicant has filed an explicit request to the Estonian Patent Office with an access code to obtain the priority document from the WIPO DAS database.
WIPO Digital Access Service (DAS)
On 1 January 2017 the Estonian Patent Office joined the WIPO Digital Access Service (DAS), an electronic system for accessing priority documents. The DAS system allows applicants
- to add the first application document (priority document) to WIPO digital database via Estonian Patent Office as depositing Office;
- in case a priority exists, when filing an application, to present only an access code to the accessing Office to retrieve a document from WIPO digital database, not the document itself certifying the priority claim.
Service is applicable for national patent applications and utility model registration applications.
Access to priority documents is only available to patent offices participating in WIPO DAS system. The list of participating offices and user requirements can be found here: http://www.wipo.int/das/en/participating_offices.html.
Using the WIPO DAS access service is free of charge for the applicants.
Request
To add a priority document to WIPO DAS database or access it, the applicant has to file a clearly expressed request with the Estonian Patent Office.
The request to add a priority document to WIPO DAS database has to contain the following data.
- Name of the applicant
- Type of legal protection of the invention (patent or utility model)
- Number of priority application
- Priority date
- Date of filing of the request and signature of the representative
After the document has been registered in WIPO DAS digital database, the Estonian Patent Office sends the access code to the applicant.
The request to retrieve a priority document from WIPO DAS database has to contain the following data.
- Name of the applicant
- Type of legal protection of the invention (patent or utility model)
- Country code
- Number of priority application
- Priority date
- Access code
- Date of filing of the request and signature of the representative
Last updated: 19.01.2022