I. Requirements for Estonia after EP grant
I.1 Translation requirements
A translation of the patent specification into Estonian must be supplied.
I.2 Professional representative
No, but recommended (see also section I.5)
I.3 Period for filing the translation
3 months after the date on which the mention of grant or the decision to maintain the patent as amended is published in the European Patent Bulletin
Extension of the time limit is possible (see section I.5).
I.4 Office fee
(a) EUR 45
(b) Within period pursuant to section I.3
I.5 Special features
A request for publication and proof of payment of the fee must be submitted with the translation.
The following information must be given in the request:
– European patent number
– European application date
– the title of the invention
– the applicant’s name and address
– the representative’s name and address for service, if applicable.
The Office accepts as representative only a common representative resident in Estonia, where applicable, or an Estonian patent attorney whose name is entered in the State Register of Patent Attorneys as specialising in the legal protection of inventions and layout designs of integrated circuits.
If the translation does not comply with the requirements, an Estonian patent attorney must be appointed to submit the corrections.
The time limit of 3 months for filing the translation may be extended by 2 months, upon payment of a surcharge (EUR 32).
II. Double-patenting allowed?
No; to the extent that it protects the same invention, the national patent ceases to have effect from the date on which
(a) the period for filing the notice of opposition to the European patent expires without such notice being filed, or
(b) the opposition proceedings are finally closed, the European patent having been maintained.
Simultaneous protection for utility models is allowed.
III. Territory
Territory of the Republic of Estonia
IV. Useful links:
EP: National Law relating to EPC, X. Miscellaneous, Estonia (epo.org)
International: PCT Applicant’s Guide Estonia – Valid as from 15 Sep 2023 (wipo.int)
