What are the available routes to obtain patent protection in Estonia?

Patent protection in Estonia may be obtained by filing a national patent application with the Estonian Patent Office, validating a granted European patent or by opting for a Unitary Patent through the European Patent Office. In the case of a PCT application, protection may be pursued either by entering the national phase before the Estonian Patent Office or by entering the European regional phase before the European Patent Office followed by validation in Estonia or opting for unitary effect.

Does Estonia perform substantive examination of patent applications?

Yes. The Estonian Patent Office conducts both formal and substantive examination of patent applications, including the assessment of novelty, inventive step and industrial applicability.

Is it necessary for foreign applicants to appoint an Estonian patent attorney?

Yes. Applicants who do not have a residence or place of business in Estonia must be represented by a registered Estonian patent attorney before the Estonian Patent Office.

Is it possible to obtain a patent for a utility model in Estonia?

Yes, the Estonian patent legislation stipulates utility model registration.

In which language must a patent application be filed in Estonia?

Patent applications must be filed in Estonian. If the application is initially filed in another language, the Estonian translation is to be filed within two months from the filing date.

May the applicant amend the patent application during examination in Estonia?

Yes. The applicant may amend the description, claims and drawings during the examination procedure, provided that the amendments do not extend beyond the content of the application as originally filed and are submitted before the decision to grant the patent is issued by the Estonian Patent Office.

What is the duration of a patent in Estonia?

A patent in Estonia is granted for a term of 20 years from the filing date of the application, provided that the required annual maintenance fees are duly paid to the Estonian Patent Office.

Patent Registration in Estonia

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Patent registration in Estonia allows inventors and companies to obtain legal protection for technical solutions including device, process, material, including biological material or a combination thereof. The procedure is handled by the Estonian Patent Office and usually includes filing, formal examination and automatic substantive examination upon publication of the application. Estonia is a member of the Paris Convention and the PCT system, allowing applicants to claim priority from earlier applications and use international filing routes.

MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to patent registration in Estonia including patent search, patent translation, filing and further prosecution of an application, patent maintenance, preparing and recordal of assignment and license agreements as well as representing applicants before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.

Routes to Obtain Patent Protection in Estonia

Patent protection in Estonia may be obtained by filing a national patent application with the Estonian Patent Office, by validating a granted European patent or by opting for a Unitary Patent through the European Patent Office.

In the case of a PCT application, protection in Estonia may be pursued either by entering the national phase before the Estonian Patent Office or by entering the European regional phase before the European Patent Office and subsequently validating the granted European patent in Estonia.

Inventions may also be protected as Utility Models in Estonia. Utility models are granted for technical inventions with a lower inventive step requirement than patents, and the maximum term of protection is 10 years from the filing date, subject to the payment of annual fees.

Foreign applicants must be represented before the Office by a registered Estonian patent attorney.

Patentability Requirements in Estonia

To obtain a patent in Estonia, an invention must comply with the standard patentability criteria established by Estonian patent law.

Novelty — the invention is considered to be new if it does not form part of the state of the art, i.e. it must not be disclosed anywhere in the world before the filing or priority date.
Inventive Step — the invention must not be obvious to a person skilled in the relevant technical field.
Industrial Applicability — the invention is considered as susceptible to industrial application if it can be manufactured or used in economy.

Key Facts About Patent Protection in Estonia

Years Validity

Standard validity term of a patent in Estonia from filing date

Months (PCT)

The term for entering the Estonian national phase of a PCT application

Months Grace

Novelty grace period from disclosure of information on the invention before filing or priority date, if priority is claimed

Months (Conv.)

The term for filing a conventional patent application in Estonia

The validity term of a patent in Estonia is 20 years from the filing date. For pharmaceutical patents and patents for agrochemicals it is possible to apply for extension of this term for additional 5 years. In case a patent is extended, the Supplementary Protection Certificate (SPC) will be issued.

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Patent Registration Procedure in Estonia

The term for entering the Estonian national phase of a PCT application is 31 months from the priority date. The term for filing a conventional patent application in Estonia is 12 months from the priority date.

Step 1

Filing & Formal Examination

After completion of the filing procedure an Estonian patent application undergoes a formal examination lasting 1 month. On condition that an applicant submits all required documents, a notification about positive result of the formal examination will be issued.

Step 2

Substantive Examination

Estonian legislation stipulates that the substantive examination is carried out automatically upon publication of the application. At this, no request has to be filed to the Patent Office. If an invention meets the requirements of patentability, the grant decision will be issued.

Step 3

Grant of Patent

A patent will be issued after payment of the registration fee following the grant decision issued by the Estonian Patent Office. The procedure of patent registration in Estonia takes from 2 to 3 years.

Local Patent Expert

MSP, Estonia

“For many foreign applicants, filing a national Estonian patent application is not always the most efficient route. Where protection is also contemplated in other European countries, obtaining a European patent and validating it in Estonia may prove to be a more practical and cost-effective strategy.”

Required Documents and Information

The documents required to file a patent application in Estonia are listed below. Please note that some must be submitted at the time of filing, while others may be provided within a set period after the application date.

If you need further information concerning patent registration in Estonia or a quotation for filing and prosecution of an Estonian patent application, please feel free to contact us.

Required at Filing

Filing instructions

Comprising the applicant's and inventor's names, addresses and citizenships.

Technical files

A specification with claims, abstract and drawings.

Application data

A filing number and a date of a priority application or a PCT application.

Note:

All documents should be provided in high-quality PDF format. Please ensure that all signatures are clearly visible. The invention title and abstract must be provided in both Estonian and English. A copy of the amendments may be submitted if applicable.

May be submitted after filing

Power of Attorney

Simply signed and stamped by the applicant(s). Legalization and notarization are not required unless signed by a proxy-holder.

Deadline: 2 months from filing date

Estonian Translation

A full Estonian translation of the application, if filed in a language other than Estonian.

Deadline: 2 months from filing date

Priority Document

For conventional applications — a certified copy of the priority document if priority is claimed.

Deadline: 16 months from priority date

Patent Budget Structure in Estonia

The total investment required for patent registration in Estonia is not fixed and depends on several critical factors. These include the number of claims in the application, the requirement of translation into the Estonian language and the specific legal strategy chosen for protection before the Estonian Patent Office.

Typically, the patenting budget consists of three primary components: official government fees, professional attorney fees and associated costs.

Official Government Fees

Application Stage

Filing and grant each trigger a separate official fee

Maintenance & Annuities

Annual renewal payments, due from the first year of validity and increasing each year

IP Transfer & Licensing

An official fee applies when registering a transfer or license entry for the patent

European Patent Validation

An official fee applies when validating a granted European patent in Estonia

Professional Attorney Fees

Application Preparation & Filing

Calculated directly based on the total number of claims

Examination Support

Billed per response or hourly, for Office Action replies and agency communications

Assignments & Licensing

Per agreement — attorney fee for preparing and recording IP transfer or license agreements (official fee applies separately)

Associated Expenses

Patent Search

Flat fee per report (based on invention complexity and scope of prior art search)

Patent Translation

Billed per 100 words

European Patent Validation

Project-based, depending on word count and the validation route chosen (Unitary or Classic) (official fee applies separately)

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Frequently Asked Questions

What are the available routes to obtain patent protection in Estonia? +

Patent protection in Estonia may be obtained by filing a national patent application with the Estonian Patent Office, validating a granted European patent, or by opting for a Unitary Patent through the European Patent Office. In the case of a PCT application, protection may be pursued either by entering the national phase before the Estonian Patent Office or by entering the European regional phase before the European Patent Office followed by validation in Estonia or opting for unitary effect.
Does Estonia perform substantive examination of patent applications? +

Yes. The Estonian Patent Office conducts both formal and substantive examination of patent applications, including the assessment of novelty, inventive step and industrial applicability.
Is it necessary for foreign applicants to appoint an Estonian patent attorney? +

Yes. Applicants who do not have a residence or place of business in Estonia must be represented by a registered Estonian patent attorney before the Estonian Patent Office.
Is it possible to obtain a patent for a utility model in Estonia? +

Yes, the Estonian patent legislation stipulates utility model registration.

In which language must a patent application be filed in Estonia? +

Patent applications must be filed in Estonian. If the application is initially filed in another language, the Estonian translation is to be filed within two months from the filing date.
May the applicant amend the patent application during examination in Estonia? +

Yes. The applicant may amend the description, claims and drawings during the examination procedure, provided that the amendments do not extend beyond the content of the application as originally filed and are submitted before the decision to grant the patent is issued by the Estonian Patent Office.
What is the duration of a patent in Estonia? +

A patent in Estonia is granted for a term of 20 years from the filing date of the application, provided that the required annual maintenance fees are duly paid to the Estonian Patent Office.