Substantive examination shall be concluded by the issue of the patent or rejection of the patent application.
If the invention complies with the requirements of novelty, inventive step and industrial applicability, and the form of the patent application documents complies with the requirements relating to the form of documents, the Patent Office shall make a decision to issue a patent [PA § 23 (4)]. For an invention to be registered in the register, the applicant shall pay a state fee of €96 within three months as of the date on which the decision is made [PA § 35 (4)]. If the state fee is not paid within the prescribed term, a patent application is deemed to be withdrawn.
If an invention fails to comply with the requirements of novelty, inventive step or industrial applicability, or the applicant fails to provide explanations or eliminate deficiencies from the application, the Patent Office shall make a decision to reject the patent application [PA § 23 (5)]. The decision of the Patent Office may be appealed to the Board of Appeal [PA § 30].
The Patent Office shall publish a notice of the issue of a patent in the Estonian Patent Gazette. As of the publication date of the notice, the patent applicant shall become the proprietor of a patent who has exclusive right to use the invention. It should also be noted that the right shall take effect as of the filing of the application. The letters patent shall be issued to the proprietor of a patent to certify the registration of the invention in the register of patents and the exclusive right of the proprietor of a patent to the invention [PA § 36].