Invention is a technological solution that is created to address a technical issue. A device, procedure, substance, including biological material, or a combination of these may be the subject of an invention. In the Republic of Estonia, inventions can be protected with a patent.

A patent can protect an object, process, or substance. In the case of a patent, protection can be claimed for a number of invention objects that are tied to a single creative concept in a single application. This implies that if your innovation is a new material, you may also protect the technique for producing that substance under the same application. The innovations are not discoveries, schemes, rules, or techniques for executing mental activities or conducting business (Estonia Patents Act 6 Section 2; Utility Models Act 5 and 6).

The patent application process in Estonia

The process is based on inspection. When a patent application is filed, the preliminary examination process begins first. The goal of this step is to make that the application meets all formal and substantive standards.

At the same time, a state-of-the-art search will be conducted. During this time, the examiner searches the globe for comparable and identical solutions and examines the invention’s protectability (novelty, inventive step and industrial applicability).

Terms:

A PCT application must be entered into the Estonian national phase within 31 months after the priority date. In Estonia, a conventional patent application must be filed within 12 months after the priority date. The procedure of the patent registration in Estonia takes from 2 to 3 years.

The findings are compiled into a search report and forwarded to the applicant for review. It is possible to make adjustments to the program based on the search report.

The patent application will be published when 18 months have passed after it was filed. The preparatory procedure will come to a conclusion at this point, and the examination process will begin. During the examination, a final assessment of the invention’s protectability will be made. The patent is issued if the assessment is positive.

The following fundamental papers must be included:

• a request for a patent or utility model registration,
• a description of the invention,
• patent or utility model claims,
• an abstract of the invention’s subject matter in both Estonian and English,
• drawings upon request.

We will fill assist you with all the required immigration formalities to register patent in Estonia and ensure the success of the application.

We provide a wide array of legal services relating to patent registration in Estonia, including patent search, patent translation, filing and further prosecution of an application, patent maintenance, drafting and recording of assignment and licensing agreements.