Fees associated with filing industrial design applications in Estonia, as well as other design fees, are available in the fee calculator.
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Multiple design applications
Multiple design applications are possible in Estonia if the designs concern the same object, relate to the same class of the Locarno Classification and are designed in the same manner.
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Filing requirements of design application in Estonia
The official language of the industrial design prosecution before the Estonian Patent Office is Estonian. It is also possible to submit an application in another language. In this case, the translation must be provided within 2 months.
For obtainment of a filing date, an industrial design application should contain the following:
- a request to grant a patent;
- representation of the industrial design;
- name of the applicant;
- the address for correspondence.
If priority is claimed, a certified сopy of the Priority Document should be provided within 9 months from the priority date. If the Priority Document is in language other than Estonian the translation thereof may be requested by the Patent Office.
The legalisation or notarisation of the Power of Attorney is not required. The Power of Attorney is not required to obtain the filing date, however, it may be requested by the Patent Office at any stage of the application's processing.
The deadline for filing an industrial design application claiming priority is 6 months from the priority date. Extension or restoration is not stipulated.
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Examination of a design application in Estonia
The Estonian Patent Office examines the industrial design applications according to formal requirements only.
The novelty grace period in Estonia constitutes 12 months before filing an application, or, if priority is claimed, before the priority date. If the information was disclosed by the applicant or a third party that directly or indirectly obtained the information about design from him, against or according to his will, it does not disprove the novelty of the design.
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Grant, validity term and renewal
The state grant fee is not stipulated. Validity term of the industrial design in Estonia constitutes 5 years as of the filing date. The registration may be renewed every five years up to a maximum term of 25 years. The maintenance fee for a first 5-year period of a design patent validity is included in the official filing fee. A request for renewal should be filed within 6 months before the date of expiry of the registration. Late payment is possible within 6 months grace period by paying a corresponding surcharge.
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Duration of registration procedure
The average processing time from filing till registration of an industrial design in Estonia is 18-24 months if prosecution runs smoothly.
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Representation by a patent attorney
Foreign applicants must appoint an Estonian registered attorney to represent them before the Patent Office.
1. Online Search Databases: Estonian Designs, Community Designs (EUIPO), International Designs.
2. Industrial design protection in Estonia may also be obtained via registration of a Community Design.
Brief summary is based on the information provided by Mikhailyuk, Sorokolat & Partners on 09.04.2024
Please contact us if the above information is not in conformity with Estonian IP Laws