Legislative Implementation of Flexibilities - Estonia

Title:	§ 19 (1) 2) and (2) 3), 23 (3) and 50 (1) and (2) 2) of the Patent Act (RT I 1994, 25, 406) of 16/03/1994 as last amended by Law RT I 2004, 20, 141 of 10/03/2004
Field of IP:	Patents
Type of flexibility:	Disclosure related flexibilities
Summary table:

Provisions of Law

§ 19. Patent application

(1)A patent application shall include the following documents:

2) a description of the invention must be disclosed in a sufficiently clear and concise manner which enables a person skilled in the art to carry out the invention

(2) The following documents shall be annexed to a patent application:

3) a document certifying the deposit of a biological material, including micro-organism strain, if the subject of the invention is a biological material or the invention requires the use of a biological material and if the said biological material is not available to the public and it cannot be described in the description of the invention in a manner which would enable a person skilled in the art to make the invention.

§ 23 Examination

(3) The Patent Office has the right to request from an applicant copies of decisions of patent offices of other countries regarding the applicant's analogous patent applications and to exchange information regarding the patent application with patent offices of other countries.

§ 50. Contestation of patent in Board of Appeal

(1) Any person may file a revocation application with the Board of Appeal and request the revocation of a patent within nine months after the publication date of the notice of issue of the patent.

(2) A patent maybe contested on the basis of the following allegations:

2) the invention is not disclosed in the description of the invention in a sufficiently clear and concise manner to enable a person skilled in the art to make the invention;