| Step number | Corresponding information |
| step 1 | Prepare a patent specification which includes – a written description (to allow others to see how it works) – drawings (to illustrate your invention) – Claims (precise legal statements in the form of single sentences to define the technical features) – an abstract (a summary that includes the important technical aspects). |
| step 2 | You fill in and file the form 1/77 Request for grant of a patent with us, together with two identical copies of your patent specification. |
| step 3 | We respond by issuing a filing receipt which includes an application number. If you are applying without the help of a patent agent we will also send you a letter explaining the next steps. |
| step 4 | You fill in and file a form 9A/77 with the appropriate fee asking for a preliminary examination and search You must do this by a given date- usually 12 months of your filing date. If your application includes a priority the deadline is 2 months from your filing date or 12 months from your priority date, whichever is later. |
| step 5 | We carry out a preliminary examination to make sure your application meets certain formal requirements and search through published patents and other documents to assess whether or not the invention in new and inventive. We aim to issue our search report to you within six months of receiving your form 9A/77. |
| step 6 | We publish your patent application shortly after 18 months from your filing date (or priority date), as long as you have meet the formal requirements, filed the form 9A/77 and fee, and nor asked us to withdraw the application. |
| step 7 | You fill in and file form 10/77 with us, together with the appropriate fee, asking for a substantive examination no later than 6 months after publication. |
| step 8 | We examine your application, let you know what, if anything needs to be amended and the period of time you have in which to respond. If your application meets all the requirements of the Patents Act 1977, we will grant your patent, publish your application and send you a certificate of grant. |
| Step | Fees (€) | Comments | ||
| Standard procedure | Application fee | 224 | ||
| Search fee | 0 | |||
| Grant fee | 0 | |||
| Procedure with reduced fees | Application fee | 96 | ||
| Search fee | 56 | |||
| Grant fee | 0 | |||
| Optionals steps | Standard procedure | Additionnal claim | 13 | |
| Procedure with reduced fees | Additionnal claim | 0 | ||
Defensive Actions
Objection
General information
Who can file an objection against my patent?
An interested person can file an objection against my patent to the Industrial Property Board of Appeal if the invention protected by a patent does not comply with the criterea of patentabily (novelty, inventive step, industrial application); the invention is not disclosed in the description of the invention in a sufficiently clear and concise manner to enable a person skilled in the art to make the invention; the invention protected by the patent does not correspond to the subject matter of the invention as disclosed in the initial patent application. The objection may be filed to the court if the invention protected by a patent does not comply with the patentability criteria. The authorship of an invention or the ownership of a patent can be objected only in the court.
Can I file an objection against a someone else’s patent?
Any person may file an objection against a someone else’s patent if the ground of objection exists.
Are there specific deadlines/timeframes which I have to observe in connection with objection proceedings?
The objection to the Industrial Property Board of Appeal must be filed within nine months after the publication date of the notice of issue of the patent. The decision of the Board of Appeal can be objected in the court within three months from the date decision was published. There is no deadline for the objection to the court if the invention protected by a patent does not comly with the patentability criteria. The authorship of an invention on non-proprietary disputes can be objected in court without limitation period. Claim on the proprietary dispute relating to the use of an invention must be filed within three years from the date on which the author becomes aware of the infringement of the author’s right.
Who will take a decision on the objection?
The decision on the objection will be taken by the Industrial Property Board of Appeal or by court.
Signpost
What signposts exist?
IP attorneys (Official Register of Patent Attorneys); Industrial Property Board of Appeal; Advocacy; Courts and Judges. In the Industrial Property Board of Appeal only IP attorney can act as representative. In county court and circuit court IP attorney or advocate can be representatives. In Supreme Court IP attorney can be representative only together with the attorney at law.
Nullity Action (declaration of invalidity)
General information
Who can file an application for declaration of invalidity of my patent?
An interested person can file an application for declaration of invalidity of my patent. The application may be filed to the Industrial Property Board of Appeal or to the court which depends on grounds on which declaration of invalidity is filed.
Can I file an application for declaration of invalidity of someone else’s patent?
An interested person may file an application for declaration of invalidity of someone else’s patent if the grounds of declaration of invalidity of the patent exist.
Are there specific deadlines/timeframes which I have to observe in connection with an application for declaration of invalidity?
The application to the Industrial Property Board of Appeal with the request of declaration of invalidity of the patent must be filed within nine months after the publication date of the notice of issue of the patent. The decision of the Board of Appeal can be objected in the court within three months from the date decision was published. There is no deadline for the application for declaration of invalidity to the court if the invention protected by a patent does not comply with the patentability criteria.
Signpost
What signposts exist?
IP attorneys (Official Register of Patent Attorneys); Industrial Property Board of Appeal; Advocacy; Courts and Judges. In the Industrial Property Board of Appeal only IP attorney can act as representative. In county court and circuit court IP attorney or advocate can be representatives. In Supreme Court IP attorney can be representative only together with an attorney at law.
Proactive Measures
Action under competition law
Action for damages
Customs Seizure
General information
What does customs seizure mean?
Custome seizure means blocking the entry into the Community and the export and re-export from the Community of goods infringing intellectual property rights.
How to proceed
What initial steps are necessary?
The holder of intellectual property rights must apply applications for customs action to Estonian Tax and Customs Board.
Signpost
Instruments
Preservation of Evidence
A colour icon describes the complexity of each question as follows:
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| Tool Name | information about the Tool |
| Patent Application Form (pdf file) | www.epa.ee |
| PCT Forms | www.wipo.int |
Information about renewal
| Year | Standard fees (€) | Reduced fees (€) | Comments |
| 1 | 25 | ||
| 2 | 25 | ||
| 3 | 63 | ||
| 4 | 76 | ||
| 5 | 95 | ||
| 6 | 115 | ||
| 7 | 134 | ||
| 8 | 153 | ||
| 9 | 178 | ||
| 10 | 204 | ||
| 11 | 242 | ||
| 12 | 281 | ||
| 13 | 319 | ||
| 14 | 357 | ||
| 15 | 402 | ||
| 16 | 447 | ||
| 17 | 492 | ||
| 18 | 536 | ||
| 19 | 581 | ||
| 20 | 626 | ||
| 21 | 626 | For the continued validity of supplementary legal protection for a medicinal product or plant protection product | |
| 22 | 626 | For the continued validity of supplementary legal protection for a medicinal product or plant protection product | |
| 23 | 626 | For the continued validity of supplementary legal protection for a medicinal product or plant protection product | |
| 24 | 626 | For the continued validity of supplementary legal protection for a medicinal product or plant protection product | |
| 25 | 626 | For the continued validity of supplementary legal protection for a medicinal product or plant protection product |