Estonia has adopted a patent law that became effective on May 23, 1994. Patent applications can now be filed in Estonia.

No provision is made under the new Estonian law for registration of rights previously granted in the former USSR or Russia. As a compromise, however, up to

November 23, 1994

it will be possible to file applications in Estonia claiming priority from a first foreign application filed more than one year prior to the Estonian application as long as such application was filed on or after August 20, 1990. The substantive law has been influenced by the Finnish patent law but contains some differences. Thus, the definition of what constitutes patentable subject matter is the same as that of the European Patent Convention. Furthermore, a grace period of 12 months prior to the date of filing in Estonia, or, where priority is claimed, from the priority date is provided for in respect of publications made by or derived from the applicant. Applications for patent protection will be subject to examination for novelty and inventive step.

Applications are to be published as soon as possible after 18 months have elapsed from the filing or any priority date and compensation is available from those who use an invention after the publication date as long as a patent is ultimately granted covering the infringement in question. The maximum duration of protection is 20 years from filing and annuities are payable from the beginning of the third year onwards.

The new Estonian law also provides for utility model protection which is available only for "devices." Estonia is not adopting new broad definitions that have been used in some countries. The standard of inventiveness required for utility model protection is less than that required for patents and no examination of utility model applications will be carried out. The initial period of protection for a utility model registration is four years from filing.

However, such registrations are renewable for two further periods, the first for four years and the second for two years to make a maximum of ten years of protection from filing.

In addition to enacting a patent law, Estonia has joined the Paris Convention and the Patent Cooperation Treaty and these memberships will become effective on August 24, 1994.

June 1994 Index