Patents Laws in Estonia
Here’s a summary of patent laws in Estonia:
Patent Laws in Estonia
Governing Law:
Estonia’s patent system is regulated primarily under the Patents Act (Patendiseadus).
The Estonian Patent Office (Eesti Patentiamet) is the national authority responsible for patents.
Estonia is a member of the European Patent Organisation and the European Patent Convention (EPC).
Key Features:
Types of Patents:
National patents: Granted by the Estonian Patent Office.
European patents: Granted by the European Patent Office (EPO) can be validated in Estonia.
Unitary patents: As an EU member, Estonia will be covered by the EU Unitary Patent system once fully operational.
Patentability Requirements:
Novelty: Invention must be new worldwide.
Inventive step: Non-obvious to a person skilled in the relevant field.
Industrial applicability: Must be capable of industrial application.
Exclusions from Patentability:
Discoveries, scientific theories, mathematical methods.
Plant and animal varieties, biological processes.
Methods for treatment of the human or animal body.
Aesthetic creations or purely mental acts.
Patent Term:
Patents last for 20 years from the filing date.
Maintenance fees must be paid annually to keep the patent in force.
Filing and Examination:
Applications can be filed directly with the Estonian Patent Office.
Estonia follows a formal examination; substantive examination can be requested.
Alternatively, inventors often apply via the European Patent Office (EPO) and validate in Estonia.
Rights Conferred:
Exclusive right to prevent others from making, using, selling, or importing the patented invention in Estonia.
International Treaties:
Estonia is a member of:
Paris Convention
Patent Cooperation Treaty (PCT)
European Patent Convention (EPC)
TRIPS Agreement
This enables international patent filings designating Estonia.
Summary:
You can protect inventions in Estonia either by filing a national patent application or by validating a European patent granted by the EPO. Patents last 20 years and must meet standard international patentability criteria.
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