HomeIP-GuideEstonia General informationInvention (PCT National Phase) Estonia
  • International Country Code:

    EE
  • Time Zone:

    UTC/GMT +02:00
  • Currency:

    Euro (EUR)

Estonian PCT national phase entry

Looking for IP protection?
Patents, trademarks, designs worldwide
Ask us a question about IP protection in Estonia
Contact attorney
 
 
 
  • Patent fees

Fees associated with the Estonian PCT national phase entry as well as other patent fees are available in the fee calculator.

  • Time limits for the PCT national phase entry in Estonia 

The term for entering the Estonian PCT national phase is 31 months from the priority date. The Estonian legislation does not stipulate the restoration of this term.

  • Minimum filing requirements for PCT national phase entry in Estonia

To enter PCT national phase, it is necessary to provide the Estonian Patent Office with a request to grant a patent containing information about the applicant(s) and author(s) and the title of the invention, description of the invention, patent claims, drawings (if any), abstract of the invention.

  • Language of the Estonian patent application

The official language of patent applications is Estonian. The invention title in the request and the abstract must be submitted both in Estonian and English. The translation of the application materials must be submitted at the time of national phase entry or within two months thereof upon payment of an extra fee.

  • Power of Attorney requirements

The legalisation or notarization of a Power of Attorney is not required. It may be provided simultaneously with the filing of the application or within two months from entering the Estonian national phase of a PCT application.

  • Assignment Deed

If the applicant is not the author, the document certifying the right to apply for the patent must be provided within two months from entering the PCT national stage in Estonia.

  • Examination request

Substantive examination starts automatically after the publication of the patent application. No special request or payment is required.

  • Novelty grace period

Novelty grace period is 12 months from disclosure of the information about the invention before the international filing date or priority date thereof if priority is claimed. Disclosure does not disprove the novelty of the invention if it was made by the applicant or a third party that directly or indirectly obtained the information about the invention from him.

  • Grant and patent maintenance fees

The fee for the grant and publication of the patent description must be paid within three months from the date of decision. Maintenance fees are due starting from the first year following the international filing date. Fees for the 1st and 2nd years of validity should be paid simultaneously with payment of annuities for the 3rd year. The due date is the last day of the month in which the anniversary of the international filing date occurs. Annuity payment may not be made earlier than six months prior to the due date. Annual fees may be paid within a six-month grace period on condition of payment of a surcharge. When entering the PCT national phase in Estonia first annual fees may be paid within 2 days from the national phase entry without payment of surcharge.

  • Representation by a patent attorney

Representation of legal or natural persons that do not reside in Estonia by an agent, an Estonian patent attorney is required to perform acts for entering the Estonian PCT national phase.

  • Notes

1. Online Search Databases: Estonian Patents, European Patents (EPO).
2. PCT application in Estonia may also be nationalised via entering the European regional phase and its further validation in Estonia.
3. Inventions may also be protected as Utility Models in Estonia.

Brief summary is based on the information provided by Mikhailyuk, Sorokolat & Partners on 15.01.2018
Please contact us if the above information contains any discrepancies with Estonian IP Laws

Share: