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

A person may file an action with the court against the owner of a utility model for the revocation of the registration if the person finds that:

1) the registered utility model does not comply with §§ 5-9 of the Utility Models Act;
2) the invention has not been described in the description with sufficient accuracy and clarity, so that an expert of the field can implement the invention, or
3) the invention does not correspond to the invention as disclosed in the initial registration application.
An action specified before may be filed even after the registration has expired.

If a registration is revoked, the Estonian Patent Office shall delete the registration entry if the owner of the utility model or a specified person files an application accompanied by a copy of the court judgment which has entry into force with the Estonian Patent Office (Utility Models Act § 47).

  • Jaga

Last updated: 01.02.2022