PCT Applicant's Guide Estonia EQE - Valid as from 31 Oct 2024

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2024, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: Estonian Patent Office

EPL: Estonian Patent Law

EUL: Estonian Utility Model Law

PAA: Patent Attorneys Act

List of currencies used in this document:

EUR (Euro)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Estonia

Two-letter code:

Name of Office:

Estonian Patent Office

Location:

Tatari 39
15041 Tallinn
Estonia

Mailing address:

Same as above

Telephone:

(372) 627 79 00
Reception
(372) 627 79 11

E-mail:

patendiamet@epa.ee

Website:

http://www.epa.ee

Facsimile:

(372) 645 79 12

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Yes, the Office is prepared to allow applicants to make national applications available to the WIPO DAS

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

EE,

EP,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

National protection: EE

European patent: EP

Types of protection available via the PCT:

National:

Patents,

Utility models (a utility model may be sought instead of or in addition to a patent)

European:

Patents

Payment methods accepted by the Office:

Payment of fees must be effected in euros. All payments must indicate the national application number (however, if that number is not yet known, the international application number may be used), the name of the applicant and the category of the fee being paid, as well as the mandatory Office reference 2900082362

Payment may be effected into one of the four accounts of the Ministry of Finance [Rahandusministeerium] at:

— SEB Pank
Tornimäe 2
15010 Tallinn

account No.
10220034796011

IBAN
EE891010220034796011

SWIFT
EEUHEE2X

— Swedbank
Liivalaia 8
15040 Tallinn

account No.
221023778606

IBAN
EE932200221023778606

SWIFT
HABAEE2X

— Luminor Bank
Liivalaia
4510145 Tallinn

account No.
17001577198

IBAN
EE701700017001577198

SWIFT
RIKOEE22

— LHV Pank
Tartu mnt 2
10145 Tallinn

account No.
771003813400

IBAN
EE777700771003813400

SWIFT
LHVBEE22

The fees are deemed to be paid upon receipt of a document by the Office certifying payment of the prescribed amount. The payment methods apply in respect of all PCT roles.

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

Where the designation is made for the purposes of a national patent:

An invention being the subject of a published international patent application designating Estonia shall confer provisional protection as provided for in the Patent Act (Section 18) as from the date on which the Estonian Patent Office publishes the translation into the Estonian language of the international patent application furnished by the applicant in accordance with Section 33(1) of the Patent Act or, if the applicant seeks an earlier date, from the date on which a translation of the claims of the published international patent application into the Estonian language has been communicated by the applicant to the person using the invention in Estonia, or as from the date on which the said translation has been made available to the public by the Office, where the translation was communicated to the Office and the fee prescribed for the publication of the translation was paid.

Where the designation is made for the purposes of a European patent:

(1) International application published in one of the EPO official languages: an invention being the subject of a published European patent application designating Estonia shall confer the same provisional protection as provided for in the Patent Act (Section 18) as from the date on which a translation of the claims of the published European patent application into the Estonian language has been communicated by the applicant to the person using the invention in Estonia, or as from the date on which the said translation has been made available to the public by the Estonian Patent Office, where the translation was communicated to the Office and the fee prescribed for the publication of the translation was paid.

(2) International application published in a language which is not an EPO official language: the protection referred to in (1) does not become effective until the EPO publishes the international application supplied to it in one of its languages.

Information of interest if this Contracting State is designated (or elected)

For national protection

Time when the name and address of the inventor must be given:

Must be in the request. If the data concerning the inventor are missing at the expiration of the time limit under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within the time limit fixed in the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

For a European patent

Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Estonia

Language in which international applications may be filed:

English,

German

Language accepted for language-dependent free text in the sequence listing:

Same language as the international application (English or German)

Language in which the request may be filed:

English,

German

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.

For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 30 April 2015, pages 71 et seq. and 22 September 2022, page 255.

Yes, the Office accepts electronic filing via ePCT-Filing

Does the receiving Office accept the submission of pre-conversion documents and, if yes, in which format (Section 706 of the PCT Administrative Instructions)?

Yes, any format

Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?

Yes

Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?

Color illustrations are not allowed. The use of shaded illustrations is permitted if it helps to better understand the illustrations and is not too extensive to allow readability. Photos must be presented in black and white and, as a rule, only as a complement to graphic materials. The photos must be distinguishable and sufficiently contrasted with the photographs to allow high-quality copies.

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies the “due care” criterion to such requests

Competent International Searching Authority:

Competent International Preliminary Examining Authority:

Fees payable to the RO:

Transmittal fee:

120 EUR

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

1,381 EUR

Fee per sheet in excess of 30:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

16 EUR

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

208 EUR

Electronic filing (the request, description, claims and abstract in character coded format):

311 EUR

Search fee:

Refer to
Annex D(EP)

Fee for priority document (PCT Rule 17.1(b)):

16 EUR

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

None

Is an agent required by the receiving Office?

No, if the applicant resides in Estonia
Yes, if the applicant is a non-resident

Who can act as agent?

Any registered Estonian patent attorney resident in Estonia

Waiver of power of attorney:

Has the Office waived the requirement that a separate power of attorney be submitted?

Refer to the Office

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Refer to the Office

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Does the Office permit reinstatement of rights (PCT Rule 49.6)?

Yes, the Office permits reinstatement of rights under the “due care” criterion.

Fee for reinstatement (reestablishment of rights)

32 EUR

Translation of international application required into (one of) the following language(s):

Where the basic fee has been paid within the time limit applicable under PCT Article 22 or 39(1), the translation may be filed within two months from the expiration of that time limit, provided that the additional fee for late furnishing of the translation has been paid within those two months.

Estonian

Required contents of the translation for entry into the national phase:

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

Does the Office accept color drawings under its national law?

National fees:

The amount in parentheses is applicable where all applicants are natural persons.

Patents

Basic fee

Must be paid within the time limit applicable under PCT Article 22 or 39(1).

225 EUR

(56 EUR)

Claim fee for each claim in excess of 10

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

13 EUR

Additional fee for late furnishing of translation or copy

32 EUR

Annual fees for the first three years

These fees are due on the last day of the month containing the second anniversary (24 months) of the international filing date; where PCT Article 39(1) applies, they are payable within two months after performing the acts for entering the national phase, unless the 24-month time limit has not yet expired.

116 EUR

Utility models

Filing fee

105 EUR

(26 EUR)

Exemptions, reductions or refunds of fees:

The filing fee is reduced where all applicants are natural persons

Special requirements of the Office (PCT Rule 51bis):

Declaration concerning the right of the applicant to apply for a patent where the applicant is not an inventor or where the applicant is a legal entity

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Appointment of an agent if the applicant is not resident in Estonia

Who can act as agent?

Any registered Estonian patent attorney resident in Estonia

Does the Office accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?

Yes

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies the “due care” criterion to such requests

The procedure in the national Phase

EE.01 TRANSLATION (LATE FURNISHING OF)

EPL Sec. 33(3)
If the translation of the international application has not been furnished by the applicant within the time limit applicable under PCT Article 22 or 39(1) but the national fee indicated in the Summary has been paid within that time limit, the translation can still be furnished within a further period of two months, provided that the additional fee for late furnishing of the translation, indicated in Annex EE.I, has been paid within those two months.

EE.02 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003). If the translation furnished to the Office contains only the description, the Office will invite the applicant to furnish the missing part and will excuse the late furnishing provided that the scope of the disclosure is not broadened thereby.

EE.03 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex EE.I.

EE.04 EXAMINATION

The Office examines national patent applications as to substance. No request is necessary and no special fee is required.

EE.05 DECLARATION CONCERNING THE RIGHT OF THE APPLICANT TO APPLY FOR A PATENT

EPL Sec. 12
For details, refer to the model of such declaration in Annex EE.II. Legalization is not required.

EE.06 REPRESENTATION

EPL Sec. 131(2), PAA Sec. 3(13)
A person whose residence or seat is not located in Estonia shall authorize an Estonian patent attorney to represent the person. It is presumed that the patent attorney has the right of representation. Only in case of doubt about the existence of the right of representation, the Office is entitled to request the patent attorney to submit a power of attorney. A model of a power of attorney is given in Annex EE.III.

EE.07 FEE FOR GRANT

EPL Sec. 35(6)
A fee for grant must be paid within three months from the decision to grant the patent. Where the applicant fails to pay within that time limit, the application shall be deemed to be withdrawn.

EE.08 ANNUAL FEES

EPL Sec. 33(1), EPL Sec. 42
Annual fees must be paid for each year following the international filing date. For the due date of annual fees for the first three years, refer to the Summary. Payment of the subsequent annual fees must be made before the expiration of the month containing the anniversary of the international filing date. Payment can still be made, together with a 10% surcharge for late payment, before the expiration of the sixth month after the month containing the anniversary of the international filing date. The amounts of the annual fees are indicated in Annex EE.I. It is to be noted that, where the time limit under PCT Article 22 or 39(1) applies, annual fees can be paid without surcharge within two months after performing the acts for entering the national phase.

EE.09 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, EPL Sec. 25, EPL Sec. 25(5)
The applicant may make amendments to the claims, description, drawings, and other illustrative material up to the decision to grant a patent, provided that the scope of the subject matter of the application is not broadened thereby. Amendments may be additionally made after the decision to grant a patent within two months from the date of the decision and subject to the payment of the fee indicated in Annex EE.I.

EE.10 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

EE.11

EPL Sec. 29(2), EPL Sec. (3), EPL Sec. 33(11),
Reestablishment of rights may be requested where the applicant, in spite of all due care reasonable required, was unable to observe a time limit during the international phase or before the Office, default of which is prejudicial to his rights. A request for reestablishment must be presented in writing within two months after the removal of the cause of the failure to perform the action but not later than one year from the expiration of the time limit which has not been observed. Within the said two months, the omitted action must be completed, the fee for reestablishment of rights (refer to Annex EE.I) must be paid and the request must state the grounds on which it is based and set out the facts on which it relies.

EE.12 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51, EPL Sec. 30, EPL Sec. 52
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged within two months from the date of the decision, with the Board of Appeals or in court. Within the same two month time limit, a fee for appeal must be paid, the amount of which is indicated in Annex EE.I.

EE.13 UTILITY MODEL

PCT Art. 4(3), PCT Art. 43, PCT Rule 49bis.1, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5
If the applicant wishes to obtain utility model registration on the basis of an international application

— instead of a patent, or

— in addition to a patent,

for international applications filed before 1 January 2004, this must have been indicated in the international application (in Box No. V of the request) when filed; for international applications filed on or after 1 January 2004, since the request form no longer provides for the furnishing of such an indication, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office. The term of a utility model certificate is generally four years from the date of filing the application, though the term may be extended (upon request and payment of a fee) initially for four years and later for two more years.

EE.14

Whether the international application is for a utility model instead of a patent, or for both a utility model and a patent, the application shall conform to the following requirements, which differ somewhat from those of patents:

EUL Sec. 6(1), EUL Sec. 8
(a) the application may not be in respect of more than one invention; utility model protection does not cover biotechnological inventions;

EUL Sec. 9(3)
(b) the application may contain only one independent claim and a plurality of dependent claims;

PCT Art. 7(2)(ii), PCT Rule 7.2
(c) if the application does not contain drawings, the Office will invite the applicant to furnish drawings within a specified period of time;

EUL Sec. 18(2), EUL Sec. 34(2)
(d) a registration fee must be paid. The application will not be processed until the fee has been paid. A renewal fee is payable for extension of the term of protection from four to eight and from eight to 10 years. The fee for extending the term of the certificate should be paid within six months before the expiration of the previous term, although it may be paid (with a 10% surcharge) up to six months after the expiration of the previous term. The amounts of the registration fee and the renewal fees are indicated in Annex EE.I.

EE.15

If the international application is for both a utility model and a patent, the applicant must pay both the registration fee for the utility model and the national fee for a patent application. The power of attorney and declaration concerning the right to apply for a utility model and patent (if any) should be in duplicate for the utility model and the patent application.

EE.16 CONVERSION

EUL Sec. 19
An international application for a patent may be converted into a utility model application after the application complies with the requirements for a patent application for entry into the national phase. The utility model application shall be deemed as having been filed on the date the patent application was filed. After the conversion, the patent application will be deemed to have lapsed. The conversion is subject to payment of the utility model registration fee indicated in Annex EE.I. Conversion cannot be requested:

— after the expiration of 10 years from the international filing date;

— in respect of a refused, abandoned or lapsed patent application.

Annexes

Annex EE.I - Fees

The amount in parentheses is applicable where all applicants are natural persons.

Patents

Basic fee

225 EUR

(56 EUR)

Claim fee for each claim in excess of 10

13 EUR

Additional fee for late furnishing of translation or copy

32 EUR

Fee for grant

96 EUR

Fee for making amendment after the decision to grant

96 EUR

Fee for reestablishment of rights

32 EUR

Appeal fee

159.77 EUR

Annual fees:

— for the 1^st year

26 EUR

— for the 2^nd year

26 EUR

— for the 3^rd year

64 EUR

— for the 4^th year

77 EUR

— for the 5^th year

96 EUR

— for the 6^th year

120 EUR

— for the 7^th year

135 EUR

— for the 8^th year

155 EUR

— for the 9^th year

180 EUR

— for the 10^th year

205 EUR

— for the 11^th year

245 EUR

— for the 12^th year

285 EUR

— for the 13^th year

320 EUR

— for the 14^th year

360 EUR

— for the 15^th year

405 EUR

— for the 16^th year

450 EUR

— for the 17^th year

495 EUR

— for the 18^th year

540 EUR

— for the 19^th year

585 EUR

— for the 20^th year

630 EUR

Surcharge for late payment of annual fees

10% of the applicable annual fee

Fee for restoration of the right of priority

None

Utility models

Filing fee

105 EUR

(26 EUR)

First renewal fee (becomes due on the last day of the month containing the 4^th anniversary of the filing date)

195 EUR

Second renewal fee (becomes due on the last day of the month containing the 8^th anniversary of the filing date)

260 EUR

How can payment of fees be effected?

Payment may be effected into one of the four accounts of the Ministry of Finance [Rahandusministeerium] at:

— SEB Pank
Tornimäe 2
15010 Tallinn

account No.
10220034796011

IBAN
EE891010220034796011

SWIFT
EEUHEE2X

— Swedbank
Liivalaia 8
15040 Tallinn

account No.
221023778606

IBAN
EE932200221023778606

SWIFT
HABAEE2X

— Luminor Bank
Liivalaia
4510145 Tallinn

account No.
17001577198

IBAN
EE701700017001577198

SWIFT
RIKOEE22

— LHV Pank
Tartu mnt 2
10145 Tallinn

account No.
771003813400

IBAN
EE777700771003813400

SWIFT
LHVBEE22

The fees are deemed to be paid upon receipt of a document by the Office certifying payment of the prescribed amount

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex EE.II - Declaration

Annex EE.III - Power of attorney

Processing

EE - Estonia
Estonian Patent Office

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

EE - Estonia Estonian Patent Office

Error Information Warning Confirmation

EE - Estonia
Estonian Patent Office