Step number | Step corresponding information |
step 1 | Prepare a utility model specification which includes
|
step 2 | Prepare additional documents an application should contain
|
step 3 | You file a request to register the utility model (one copy). Utility model application should be filed using a special application form available from the Estonian Patent Office. A utility model application shall be filed only in Estonian. Utility model applications in foreign languages are not accepted. |
step 4 | We respond by issuing a filing receipt which includes an receiving number and date. The filing date of a registration application is the date of receipt by the Patent Office of all the following elements in a set of documents:
|
step 5 | We carry out a preliminary examination to make sure your application meets certain formal requirements. If the application meets the requirements, we shall notify the applicant of the number and filing date of the utility model application. We only verify the compliance of a utility model registration application with the formal requirements for documents, payment of the prescribed fee and the authority of the representative of the applicant. The subject and unity of the invention is verified only by the formal evaluation of the name of the invention and the text of the utility model claim. |
step 6 | We register the utility model in the register of utility models if the registration application complies with the formal requirements for documents. We notify the applicant in writing of the entry of a utility model in the register and issue a utility model certificate. |
How much doest it cost?
Our fee for processing one Estonian Utility Model Application is normally 102.25 (25.56) . Full list of utility model fees can be found at www.epa.ee.
Step | Fees (€) | Comments | |
Standard procedure | Application fee | <102 | The fee shall be paid within two months as of the filing date of the utility model registration application. The application fee can be paid upon filing the utility model application: within two months from the filing date – and this term cannot be extended or restored. |
Publication fee | 0 | ||
Procedure with reduced fees | Application fee | 26 | Reduced fee: Filing fee for natural person |
Publication fee | 0 |
Defensive Actions
Cancellation
General information
Who can file a request for the cancellation of my utility model?
An interested person who finds my registered utility model does not comply with registration criterea (novelty, inventive step, industrial application, unity of utility model) can file a request for the cancellation of utility model.
Can I file a request for the cancellation of someone else’s utility model?
Any person can file a request for the cancellation of someone else’s utility model if the ground of cancellation exists.
Are there specific deadlines/timeframes which I have to observe in connection with a request for cancellation / cancellation proceedings?
There is no deadline for filing the request for cancellation to the court.
Who will take a decision on the cancellation?
The decision on the cancellation will be taken by court.
Links
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 application for customs action to Tax and Customs Board.
Signpost
Instruments
Preservation of Evidence
A colour icon describes the complexity of each question as follows:
Low
Medium
High
Tool Name | information about the Tool |
Utility Model Registration Application Form (pdf file) | www.epa.ee |
PCT Forms | www.wipo.int |
Year | Standard fees (€) | Reduced fees (€) | Comments |
4 | 191 | Fees for the 5th to 8th years could be paid 6 months before the end of 4th year. A registration shall be valid for four years as of the filing date of the registration application. The period of validity of a registration may be extended on the basis of an application of the owner of a utility model for another four years. A fee is to be paid within six months before the date of expiry of the validity of the registration, or, upon payment of additional fee, within six months as of the date of expiry of the validity of the registration. | |
8 | 255 | Fees for the 9th and 10th years could be paid 6 months before the end of the 8th year. A registration shall be valid for eight years as of the filing date of the registration application. The period of validity of a registration may be extended on the basis of an application of the owner of a utility model for another four years. A fee is to be paid within six months before the date of expiry of the validity of the registration, or, upon payment of additional fee, within six months as of the date of expiry of the validity of the registration. |