For inventors considering patent protection in Estonia, understanding the intricacies of the PCT national phase entry is essential. From deadlines to filing requirements and examination procedures, here’s a detailed guide to help applicants successfully navigate the process.
Deadline for PCT National Phase Entry in Estonia
The timeline for entering the Estonian PCT national phase spans 31 months from the priority date. It’s crucial to note that this term can be restored within two months after addressing the cause of any failure to meet the deadline. However, restoration cannot occur later than 12 months from the expiration of the missed deadline.
Filing Requirements in Estonia
Estonian patent applications operate in the official language, which is Estonian. When filing, the invention title in the request and the abstract must be submitted in both Estonian and English. If the application is submitted in a foreign language, an Estonian translation must be provided within two months of entering the PCT national phase.
To secure a filing date, a PCT national phase patent application in Estonia must include a request to grant a patent, applicant(s) and inventor(s) details, international application materials, and proof of payment for corresponding fees. Unlike some jurisdictions, a Power of Attorney is not required, although it may be requested by the Patent Office during prosecution. Legalization or notarization of the Power of Attorney is not mandatory.
In cases where the applicant is not the inventor, an Assignment Deed certifying the right to apply for the patent may be provided during the application process.
Examination of the Estonian Application
Estonian patent applications undergo both formal and substantive examinations. The substantive examination occurs automatically upon the publication of the application.
Novelty Grace Period
Estonia offers a novelty grace period of 12 months from the disclosure of information about the invention before the international filing date or the claimed priority date. Notably, disclosure by a party with the right to apply for the patent or in bad faith by a third party does not disprove the novelty of the invention.
Evidence substantiating the display of the invention must be submitted alongside the application.
Grant, Validity Term, and Maintenance Fees
The official fee for granting and publishing the patent description must be paid within three months of the decision. Estonian patents are valid for 20 years from the international filing date. Annual fees are due for pending applications, with payments for the first, second, and third years made within six months before the second anniversary of the international filing date. Subsequent annuities are payable annually before the last day of the month in which the anniversary occurs, with a six-month grace period available for late payment, subject to a surcharge.
Duration of Registration Procedure
The average processing time for patent registration procedures that have entered the PCT national phase in Estonia is approximately 36 months.
Utility Model
Estonia allows PCT applications to enter the national phase as a utility model. Utility model applications undergo a formal examination only, with the exclusion of inventions in the field of biotechnology. The validity term for a utility model is 10 years from the international filing date, and the registration process typically takes around two years.
Representation by a Patent Attorney
For foreign applicants residing outside Estonia, it is mandatory to engage a registered Estonian patent attorney for the patent prosecution process.
You can see a list of Estonia IP firms here.