Estonia became a Contracting Party to the Paris Convention for the Protection of Industrial Property on August 24, 1994, and joined the Patent Cooperation Treaty (PCT) on July 17, 2001. Additionally, Estonia is a signatory to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Procedures and the Patent Law Treaty (PLT). Estonia is a member of the European Patent Organization (EPO) and participates in the "European patents with unitary effect" system, which launched on June 1, 2023. This system provides unitary effect for European patents (EP) granted in 17 of the 27 European Union member countries, as of January 2024.
The deadline for entering the PCT national phase in Estonia is 31 months from the priority date.
The official language for patent application in Estonia is Estonian. The title of the invention in the request and the abstract must be submitted in both Estonian and English. If the application is filed in a language other than Estonian, a translation into Estonian must be provided no later than two months from the entry into the PCT national phase.
If the 31-month term has expired, it may be reinstated within 2 months after the reason for the failure to act has been resolved, but no later than 12 months from the original deadline.
The filing fee is reduced when all applicants are natural persons.
In Estonia, a patent application is subject to both formal and substantive examinations. According to Estonian legislation, the substantive examination is initiated automatically upon publication of the application. No separate request from the applicant is required for the examination to commence.
In Estonia, renewal fees for patent applications are due each year on the last day of the month corresponding to the original filing date.
For example: if the application for the patent was submitted on November 14, 2015 and granted on May 16, 2019. The due date for the payment of the renewal fee is November 30.
The official fees for the first, second, and third years must be paid together, either on the due date for the third-year fee or within six months prior to that date. For subsequent years, the renewal fee must be paid each year by the same due date. Late payments are allowed for up to six months after the due date. However, in such cases, the payment must include a 10% surcharge in addition to the regular annual fee.
In Estonia, the term of a patent is 20 years from the filing date of the application, provided that the renewal fees are paid in a timely manner for each year of validity.
Patent protection can be extended beyond this 20-year period in specific cases involving pharmaceuticals or plant protection products, where a Supplementary Protection Certificate (SPC) may be granted to extend protection for up to 5 additional years, in accordance with EU regulations.
Estonia is ranked 16th out of the 133 economies included in the GII 2024. As an Innovation leader, it places in the top 25 of the GII. Among the 51 high-income economies, Estonia holds the 15th position. In Europe, Estonia ranks 9th out of 39 economies. This year, Estonia is ranked 14th in innovation inputs, maintaining the same position as last year. Similarly, Estonia ranks 16th in innovation outputs, holding the same position as the previous year.
Estonia, located in Northeastern Europe, is renowned for its digital innovation, rich historical heritage, and distinct cultural identity. As one of the most digitally advanced countries in the world, Estonia boasts widespread internet access, cutting-edge e-governance systems, and a thriving tech ecosystem. Beyond its digital achievements, Estonia offers a diverse natural landscape, featuring dense forests, picturesque islands, and numerous lakes, making it a unique blend of modern progress and unspoiled nature.
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