Depending on the legal basis, the registration of a utility model can be challenged and revoked before the Board of Appeals.

Any person may file a complete or partial revocation application with the Board of Appeal and request the revocation of a utility model without a time limit, including after the registration has expired (UMA  § 47 (1)), if the person finds that:

  • the utility model, the invention that is its object or the claim for the utility model does not comply with the legal requirements (UMA § 5–9)
  • 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.

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 utility model may file a lawsuit to cancel the registration (UMA  § 51 lg 5).

If the owner of the utility model or the applicant files an application to the Estonian Patent Office with information about the decision that has entered into force attached, the Estonian Patent Office makes an entry in the register based on the decision of the Board of Appeal or the court that has become effective.

The Utility Model Act specifies reasons for contesting a utility model’s authorship (UMA § 45) and the owner of utility model (UMA § 46) in addition to contesting a utility model. 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.

  • Jaga

Last updated: 02.02.2023