GENERAL INFORMATION
REQUIREMENTS FOR A VALIDATION ORDER
GENERAL INFORMATION
On 1 July 2002 Estonia became a full member of the European Patent Organization. As a result:
A. An invention applied for EP on 1 July 2002 and later can have provisional protection as well as be validated in Estonia after the decision on allowance.
Provisional protection - Possible during the European application stage. For the protection to take effect, a translation of the published claims into Estonian has to be submitted to the potential infringer (no fee provided) or filed with the Estonian Patent Office (accompanied with the payment of the official fee). In the first case the protection is effective only against the potential infringer.
Validation - A European Patent designating Estonia takes effect of an Estonian Patent from the date of the mention of its grant provided that the translation of the Patent Specification is filed with the Estonian Patent Office within three months from the date of the mention. This deadline can be extended by two more months provided that an extra fee has been paid.
Publication - The Estonian Patent Office does not print the Estonian translation. The translation is published as filed with the Patent Office, therefore no printing fee is provided.
Annuities - The annuities for a European Patent validated in Estonia are paid according to the annuity schedule for the national patents.
B. From the referred date the Estonian citizens and residents can file international (PCT) applications either with the National Patent Office or with the European Patent Office. If an international application filed on 1 July 2002 or later includes the European Patent Office as a designated one, this designation automatically applies to Estonia. The applicant of an international application retains the right to designate Estonia separately.
C. From the referred date the Estonian citizens and residents can file European patent applications either via the Estonian Patent Office or directly with the European Patent Office.
The official fees:
1. Publication fee for the claims in Estonian for provisional protection - 32 EUR.
2. Publication fee for the Specification in Estonian for validation of a European Patent - 45 EUR.
3. Extension of term for the Estonian translation - 32 EUR.
REQUIREMENTS FOR A VALIDATION ORDER
A. PROVISIONAL PROTECTION
- Power of Attorney, simply signed (either simultaneously with the application or the term for filing will be fixed by the Patent Office but it is no less than two months).
- The number of the application. No other documents are needed.
The term for applying: during the European application stage.
B. VALIDATION OF A PATENT
- Power of Attorney, simply signed (either simultaneously with the application or the term for filing will be fixed by the Patent Office but it is no less than two months).
- The number of the patent. No other documents are needed.
The term for applying: three months from the date of the mention of grant by the European Patent Office. The term for lodging the translation can be extended by two more months incurring payment of an extra official fee.
For information:
It is stipulated by our Law that when the scope of an invention according to the Estonian translation is narrower than the scope as in the language of proceedings before the European Patent Office, the Estonian translation shall be deemed to be authentic text, except for cancellation proceedings.
Keeping in mind that in the enforcement cases in Estonia the Estonian text is to be used for determining the legal scope of the invention, we pay extreme attention to the quality of a translation, for which all the translations made are subject to comprehensive checking as to substance by our specialists before these are lodged with the Registry.
