You can find all the information of Estonia about trademarks, patents, utility models, copyrights, registered designs, and all other IP rights.

 

Step numberStep corresponding information
step 1

Prepare a utility model specification which includes

  • a description of the invention (two copies):
  • a claim of the utility model (two copies):
  • drawings or other illustrative material, if required (two copies):
  • an abstract of the subject matter of the invention (two copies).

 

step 2

Prepare additional documents an application should contain

  • a document certifying the payment of a state fee:
  • an authorisation document if the registration application is filed via a patent agent:
  • documents or other illustrative material, if required (two copies).

 

step 3You 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:

  • a request to register a utility model in Estonian or another express indication to the effect that the documents are intended to be a registration application of a utility model:
  • indications allowing the identity of the applicant to be established or allowing the applicant to be contacted by the Patent Office:
  • a document which on the face of it appears to be a description of the invention.
step 5We 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 6We 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.

StepFees (€)Comments
Standard procedureApplication fee<102The 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 fee0 
Procedure with reduced feesApplication fee26Reduced fee: Filing fee for natural person
Publication fee0 

 

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

What signpost exists?

IP attorneys (Official Register of Patent Attorneys); Advocacy; Courts and Judges. In county court and circuit court IP attorney or advocate can be representatives. In Supreme Court IP attorney can be a representative only together with an attorney at law.

 

Proactive Measures

 

Action under competition law

Signpost

What signpost exists?

Estonian Competition Authority

Action for damages

Signpost

What signpost exists?

IP attorneys (Official Register of Patent Attorneys); Advocacy; Courts and Judges.

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

What signposts exist?

Estonian Tax and Customs Board

 

Instruments

 

Preservation of Evidence

Signpost

What signposts exist?

IP attorneys (Official Register of Patent Attorneys); Advocacy; Courts and Judges.

 


A colour icon describes the complexity of each question as follows:

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Tool Nameinformation about the Tool
Utility Model Registration Application Form (pdf file)www.epa.ee
PCT Formswww.wipo.int

 

YearStandard fees (€)Reduced fees (€)Comments
4191 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.
8255 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.