The Estonian Utility Model Law came into force on 23 May 1994. In general lines this law is quite similar to the Patent Law and only the main differences are pointed out in the present article.
GENERAL
Only a device can serve as a subject of invention according to Utility Model Law.
The law does not prescribe any provisions concerning INVENTIVE STEP. The NOVELTY of the invention is not to be examined.
APPLICATION BASED ON A PENDING PATENT APPLICATION
An application for the registration of utility model can be based on a pending patent application. It cannot be filed later than 10 years from the filing date of the pending patent application. The filing and priority dates of the patent application remain in operation.
PUBLICATION
The specification of a utility model shall be published on the date of the publication of announcement on the grant of a utility certificate.
DELAY OF ENTRY INTO THE REGISTER
An applicant can request a delay of entry into the register up to 15 months from the date of filing. Such a request has to be made at filing the application.
CONTESTING A UTILITY CERTIFICATE
Any person may file an opposition with the Board of Appeals within the duration of the utility certificate, paying the official fee, or file a lawsuit.
THE DURATION OF A UTILITY CERTIFICATE
The duration of a utility certificate is four years from the date of filing. Renewal can be made for another four years and after that for a period of two years, provided the renewal fees have been paid.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
