Estonia IP Development

Estonia, which official name is the Republic of Estonia, is located in the Baltic region of Northern Europe.

 

Patent
The term for filing the patent application in Estonia claiming priority is 12 months from the priority date, and the term for entering the Estonian PCT national phase is 31 months from the priority date. The Estonian legislation does not stipulate the restoration of this term. To obtain a filing date it is necessary to provide the Estonian Patent Office with the request to grant a patent containing information about the applicant(s) and author(s), and the title of the invention, description of the invention, patent claims, drawings or other graphic material (if any), abstract of the invention.
The official language of patent applications is Estonian. Request to grant a patent, invention title, and the abstract must be submitted in Estonian and English simultaneously with filing. The translation of the application materials must be filed within 2 months from the date of filing of the application to the Patent Office or from entering the national phase upon payment of an extra fee.
If the applicant is not the author the document certifying the right to apply for the patent must be provided within 2 months from filing the patent application or entering the PCT national stage in Estonia. Novelty grace period is 12 months from disclosure of the information about the invention before filing the application or priority date thereof, if priority is claimed. Maintenance fees are payable for the first and each subsequent year following the filing date. The fees for 1st-3rd years of validity should be paid at the same time or within 6 months before the end of the 3rd year of patent validity.
Representation of the legal or natural persons that do not reside in Estonia by an agent, an Estonian patent attorney is required to perform acts for the legal prosecution and protection of a patent.

 

Trademark
Trademark protection in Estonia may also be obtained via registration of a European Union Trademark.
To obtain a filing date it is necessary to provide the Estonian Patent Office with the name of the applicant and the address for correspondence, list of goods and/or services, representation of the trademark. If the priority is claimed the certified copy of the priority document must be provided within 3 months from filing the application. The trademark registration is valid for 10 years from the registration date. It can be renewed for a period of 10 years an unlimited number of times. The exclusive right for the trademark can be declared if the trademark has not been used during 5 continuous years after registration.
Opposition against the trademark registration can be filed within 2-month period from the trademark publication upon payment of the corresponding fee.
The official grant fee must be paid within 4 months from the publication of a trademark or, in case of opposition, within 2 months from the final decision to register a trademark in Estonia.

 

Industrial Design
In Estonia, the form, the shape, the configuration, the ornamentation, colors, the texture and material of the product (separately or in combination) can be registered as the industrial design. Besides, it is possible to file a request to register several industrial designs.
The deadline for filing the Estonian industrial design application claiming priority is 6 months from the priority date. If the priority is claimed, the certified copy of the priority document must be provided within 9 months from the priority date. To obtain a filing date it is necessary to provide the Estonian Patent Office with the request to grant a patent on an industrial design, representation of the industrial design, name of the applicant and the address for correspondence. The Estonian Patent Office examines the industrial design applications according to formal requirements only.
The grace period is 12 months from disclosure of the information on industrial design before filing of the application or priority date thereof.
The state grant fee is not stipulated. The maintenance fee for a first 5-year period of a design patent validity is included into the official filing fee. Next fee for the renewal of a design patent should be paid within 6 months before the expiration of the previous 5-year term. The validity term of an industrial design patent in Estonia is 5 years from the filing date of the application. The registration may be renewed every 5 years up to a total term of 25 years from the filing date of the application.

 

Source: International IP Law Firms 2016

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