Preparation of a utility model registration application (hereinafter application) should be done in accordance with the regulation The Formal and Substantive Requirements for the Utility Model Registration Application and the Procedure for Filing Utility Model Applications with the Patent Office (available in Estonian).
A utility model application may comprise only one invention, i.e. the utility model application cannot be filed for the registration of a group of inventions.
The applicant himself or herself should ensure the compliance of the invention with the novelty and inventive step criteria. However, the Patent Office shall carry out a state of art search and forward the search report to the applicant. The applicant can make corrections and amendments in the application on the basis of the report within two months from the issue of the search report, but it is not compulsory. The search report is of informative importance (Utility Models Act (UMA) § 211).
Upon filing a utility model registration application, a fee should be paid.
€26 shall be paid where the applicant is a natural person or the applicants are solely natural persons. €105 shall be paid by legal persons (see Utility model fees).
The fee shall be paid within two months as of the filing date of the utility model registration application (UMA § 18 Section 2). The specified term for the payment of the fee shall not be extended.
A registration application shall include the following documents (Utility Models Act § 17):
- request for the registration of a utility model (1 copy);
- the description of the invention (2 copies), in which the invention must be disclosed in a sufficiently clear and concise manner which enables a person skilled in the art to make the invention;
- the claims of the utility model (2 copies);
- the drawing (2 copies) referred to in the description of the invention or claims of the utility model if necessary;
- an abstract of the invention in Estonian and English (2 copies).
The following documents shall be annexed to a registration application:
- an authorisation document if the registration application is filed via a patent agent;
- documents certifying the priority claim. Documents certifying the priority claim need not be submitted if priority is claimed on the basis of a first registration application or patent application in the Republic of Estonia.
A request for the registration of a utility model should be filled in on a prescribed form. The forms are available in the Estonian Patent Office and on the website of the Estonian Patent Office.
A registration application should be filed in Estonian. The name of an invention in an application for the registration of a utility model and the abstract of an invention should be filed in Estonian and in English.
The Estonian Patent Office has the right to request the submission of the Estonian translation of any foreign language document included in a registration application, document annexed to a registration application or document submitted in the course of processing. The text of all basic documents (including a registration application of a utility model) should be typewritten.
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.
Description of the invention
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. Common and distinctive features of the analogous solutions and an invention should be brought out.
- the subject matter of the invention should be expressed as a set of essential features of an invention. It 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;
- one example or several examples of making or using the invention.
The beginning and the end of the parts of the description should be distinctive.
Claims of utility model
The claims of a utility model define the subject matter for which the protection is sought and the extent of patent protection.
The claims of a utility model consist of an independent claim and dependent claims. The independent claim of the utility model claim 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 and is 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 is both in English and Estonian. The length of the text in each language should not exceed 150 words.
Drawings or other illustrative material
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.
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.
Last updated: 05.04.2022