Requirements for Content and Format of Patent Applications and Procedure for Filing of
Patent Applications with Patent Office
Regulation No. 221 of the Minister of Economic Affairs and Communications of 28
December 2004
(RTL1 2005, 5, 36),
entered into force 14 January 2005.
This Regulation is established on the basis of subsection 19 (4) and subsection 20 (4) of
the Patents Act (RT 2 I 1994, 25, 406; 1998, 74, 1227; 107, 1768; 1999, 84, 764; 2001, 27,
151; 93, 565; 2002, 53, 336; 2003, 18, 106; 2004, 20, 141).
Chapter 1
General Provisions
§ 1. Definition of terms
Terms used in this Regulation which are not defined in the Patents Act are interpreted
pursuant to the definitions specified in the Paris Convention for the Protection of
Industrial Property (RT II 1994, 4/5, 19), the Patent Cooperation Treaty (hereinafter
PCT) (RT II 1994, 6/7, 21), the Convention of the Grant of European Patents Act
(hereinafter EPC) (RT II 2002, 10, 40), the Patent Law Treaty (hereinafter PLT) (RT II
2003, 6, 22), the Implementation of the Convention of the Grant of European Patents Act
(RT I 2002, 38, 233; 2003, 88, 594; 2004, 20, 141), the Principles of Legal Regulation of
Industrial Property Act (RT I 2003, 18, 98; 82, 555; 2004, 20, 141) and in the legislation
of the European Union and in other international agreements concerning legal protection
ratified by the Riigikogu3.
§ 2. Extension of Regulation to international applications
(1) This Regulation shall not apply to international applications filed, pursuant to
Articles 3-12 of the PCT, with the Patent Office as the receiving office according to
Article 2 (xv) of the said Treaty.
(2) This Regulation shall apply to international applications filed pursuant to Article
22 or 39 of the PCT with the Patent Office as the designated office according to Article 2
(xiii) or as the elected office according to Article 2 (xiv) of the said Treaty after they have
been accepted for national processing.
Chapter 2
Subject and Unity of Invention
§ 3. Types of subjects of invention
Pursuant to subsection 6 (1) of the Patents Act, the subject of an invention is a device,
process or material, including biological material. A group of the aforementioned
subjects is also considered to be the subject of an invention.
§ 4. Unity of invention
Pursuant to subsection 9 (1) of the Patents Act, patent protection for only one invention
or a group of inventions so linked as to form a single general inventive concept can be
applied for in a patent application.
Chapter 3
Unpatentable Subjects
§ 5. Subjects which are not inventions
Pursuant to subsection 6 (2) of the Patents Act, the following shall not be the subject of
an invention, inter alia:
1) discoveries, including descriptions of the formation or development of the human
body or sequence or partial sequence of human gene;
2) scientific theories;
3) mathematical methods;
4) schemes, rules and methods for performing mental acts or doing business;
5) design documentation for and plans of constructions, buildings or areas;
6) symbols;
7) algorithms for computers and computer programs;
8) designs;
9) presentations of information;
10) plant and animal varieties;
11) layout-designs of integrated circuits.
§ 6. Unpatentable inventions
(1) Pursuant to subsection 7 (1) of the Patents Act, the following shall not be
protected by a patent:
1) inventions which are contrary to public order and morality;
2) methods of treatment and diagnostic methods practised on the human or animal
body.
(2) Pursuant to subsection 7 (2) of the Patents Act, the following biotechnological
inventions shall not be protected by a patent:
1) processes for cloning human beings;
2) processes for modifying the germ line genetic identity of human beings;
3) uses of human embryos for commercial purposes, including processes prohibited
by the Artificial Insemination and Embryo Protection Act (RT I 1997, 51, 824; 2003, 18,
102);
4) processes for modifying the genetic identity of animals which are likely to cause
them suffering without any substantial benefit to man or animal, and animals resulting
from such processes;
5) essentially biological processes for the derivation of biological materials or the
production of plant or animal varieties, except microbiological processes for the
derivation of micro-organisms;
6) inventions the application of which is confined to a single plant or animal variety.
Chapter 4
Patent Application
Division 1
Patent Application Documents
§ 7. Documents submitted
(1) A patent application shall include the following documents:
1) a request for the grant of a patent;
2) the description of the invention;
3) patent claims consisting of one or several claims;
4) drawings or other illustrative material referred to in the description of the
invention or patent claims;
5) an abstract of the subject matter of the invention.
(2) The following documents shall be annexed to a patent application:
1) an authorisation document if the patent application is filed via a patent agent;
2) documents certifying the priority claim if priority is claimed pursuant to the Paris
Convention for the Protection of Industrial Property or another agreement, unless a
specification specified in the Patents Act applies;
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;
4) a document which sets out the information concerning payment of the state fee
(hereinafter document certifying payment of state fee).
(3) If the patent applicant is not the author, a document containing a declaration
concerning the legal basis for the right of the patent applicant to apply for a patent and to
become the proprietor of a patent shall be annexed to the patent application. The separate
document need not be submitted if the information concerning legal basis is set out in the
request for the grant of a patent specified in clause (1) 1) of this section pursuant to § 16.
(4) The document certifying payment of the state fee need not be submitted if the
information concerning payment of the state fee is set out in the request for the grant of a
patent specified in clause (1) 1) of this section pursuant to § 19.
§ 8. Number of copies of documents
The description of the invention, patent claims and drawings or other illustrative material
are submitted in three copies. An abstract of the subject matter of the invention is
submitted in two copies. The other documents are submitted in a single copy.
§ 9. Language of documents
(1) Patent application documents are filed with the Patent Office in Estonian, except
the name of the invention in the request for the grant of a patent and the abstract of the
subject matter of the invention which are filed in Estonian and English.
(2) The use of language in patent application documents shall be in compliance with
the Estonian Literary Standard within the meaning of the Language Act (RT I 1995, 23,
334; 1996, 37, 739; 40, 773; 1997, 69, 1110; 1998, 98/99, 1618; 1999, 1, 1; 16, 275;
2000, 51, 326; 2001, 58, 354; 65, 375; 93, 565; 2002, 9, 47; 53, 337; 63, 387; 90, 521;
2003, 82, 551).
(3) In case of foreign language documents included in patent applications or
appended thereto, translations thereof into Estonian shall be filed pursuant to the Patents
Act and this Regulation.
Division 2
Requirements for Content and Format of Requests for Grant of Patents
§ 10. Information to be submitted
(1) A request for the grant of a patent shall set out:
1) information concerning the patent applicant or, in the case of several applicants,
all patent applicants (hereinafter patent applicant);
2) information concerning the representative of the patent applicant if the applicant
is represented by a patent agent or a joint representative in the case of several patent
applicants;
3) information concerning the author or, in case of joint authors, all joint authors
(hereinafter author);
4) the name of the invention;
5) priority claim if priority is claimed pursuant to the Paris Convention for the
Protection of Industrial Property or other provisions specified in § 11 of the Patents Act;
6) information concerning correspondence , if the patent applicant is a person whose
residence or seat is in the Republic of Estonia or if patent applicants are represented by a
joint representative;
7) a list of other patent application documents;
8) signature of the patent applicant or the patent agent;
9) signature of the author who has prohibited the disclosure of his or her name.
(2) A request for the grant of a patent shall clearly set out:
1) a request for the grant of a patent;
2) whether the patent applicant is a natural person or a legal person;
3) the residence or seat of the patent applicant;
4) the legal basis of applying for a patent and becoming the proprietor of a patent
pursuant to the provisions of § 12 of the Patents Act;
5) the name of the author who has prohibited the disclosure of his or her name.
(3) If it is not evident from the name of a natural person which part of the name is the
given name and which part is the surname, the surname shall be underlined. The name of
a natural person shall be provided in Latin alphabet pursuant to the rules of capitalisation
in Estonian.
(4) The name of a sole proprietor or legal person shall be provided pursuant to the
requirements provided for in Chapter 2 of the Commercial Code (RT I 1995, 26–28, 355;
1998, 91–93, 1500; 1999, 10, 155; 23, 355; 24, 360; 57, 596; 102, 907; 2000, 29, 172; 49,
303; 55, 365; 57, 373; 2001, 34, 185; 56, 332 and 336; 89, 532; 93, 565; 2002, 3, 6; 35,
214; 53, 336; 61, 375; 63, 387 and 388; 96, 564; 102, 600; 110, 657; 2003, 4, 19; 13, 64;
18, 100; 78, 523; 88, 591) or pursuant to the requirements provided for in § 4 of the Non-
profit Associations Act (RT I 1996, 42, 811; 1998, 96, 1515; 1999, 10, 155; 23, 355; 67,
658; 2000, 55, 365; 88, 576; 2001, 56, 336; 93, 565; 2002, 53, 336; 2003, 88, 591),
respectively. In event of legal persons whose seat is in a foreign country, the law of the
home country may be applied. Names of natural or legal persons shall be written in
compliance with the Estonian Literary Standard according to which the names in the
Latin alphabet are provided in their source language forms. The names in other alphabets
are transcribed into Estonian letters. In the case of a name of a legal person, the rules of
capitalisation in Estonian or in the language of the home country of the legal person
apply.
(5) No titles, honorary titles, academic degrees or anything else shall be added to the
name of a natural person.
(6) No artistic elements of letter design, including calligraphy, shall be employed
upon writing persons’ names. No special elements of design originating, for example,
from the design of the trade mark shall be used in the case of business names.
§ 11. Form of request for grant of patent
(1) Requests for the grant of patents are filed on the standard form provided in the
Annex to this Regulation. The forms can be obtained without charge from the Patent
Office or the website of the Patent Office.
(2) Information which cannot be supplied in the data fields of the request for the grant
of a patent may be provided on one or several additional sheets of paper signed by the
same person who signs the request for the grant of the patent.
(3) Information shall be entered on the form of the request for the grant of a patent in
typewritten form or in typescript, printed or presented using another technical method.
§ 12. Information concerning patent applicant
(1) Information concerning the patent applicant shall be provided in data field 1 of the
request for the grant of a patent.
(2) The given name, surname and full residential address or, if he or she has an
enterprise, the full address of the residence or the seat of the enterprise is the information
concerning a natural person. The residence of a natural person is the place where the
person lives permanently or primarily or the place with which the person is most
connected personally and economically. If places in different countries can
simultaneously be deemed the residence of a natural person, the residence of the person
shall be indicated as the place in the country of the person’s citizenship.
(3) Information concerning a legal person shall consist of the full or abbreviated name
of the legal person which is entered in the commercial register or in the non-profit
associations and foundations register or in another official register pursuant to the law of
the home country of the legal person and the full address of the seat of the legal person.
The seat of a legal person is the place where its management board or a substituting body
thereof is located unless the articles of association prescribe otherwise.
(4) If the residence or seat of a patent applicant is located outside the Republic of
Estonia, the two-letter code of the country pursuant to Standard ST. 3 of the World
Intellectual Property Organization (hereinafter WIPO) for the identification of countries
(hereinafter two-letter code of a country) shall be indicated in addition to the address.
(5) If there are several patent applicants, information concerning all applicants shall
be submitted.
(6) If the patent applicant is a natural or legal person (hereinafter person) of a federal
state, the federated state shall also be indicated in the address and the name of the city or
other settlement shall be underlined or distinguished in some other manner.
(7) The Patent Office shall be immediately informed of any later changes to the
information concerning a patent applicant. In case of change of the name of the patent
applicant (for example, change of the name of a natural person or transformation of a
legal person), the patent applicant shall file a request for amendment of data and a
document certifying the change of name or an officially certified copy thereof. If patent
applicant changes in the case provided for in subsection 44 (1) of the Patents Act in
connection with transfer of a patent application to another person or in connection with
transition of a patent application to a legal successor in the case provided for in
subsection (2) of the same section, the patent applicant or the person to whom the patent
application is transfered or transfers shall file a request for amendment of data which sets
out the information concerning both the former and the new patent applicant to the Patent
Office. A request shall include a document certifying payment of the state fee. If a
request is filed by the person to whom the patent application is transferred or transfers,
the request shall be accompanied by a document certifying the transfer or an officially
certified copy thereof.
§ 13. Information concerning representative of patent applicant
(1) Data field 2 shall be completed only if the patent applicant is represented by a
patent agent in filing the patent application or performing procedures with the Patent
Office, or if several patent applicants are represented by a joint representative.
(2) In the case of a joint representative, only the name of the person shall be entered
in the data field. The name of the joint representative shall be identical with his or her
name as entered in data field 1 as the patent applicant.
(3) Information concerning a patent agent consists of the given name and surname of
the patent agent, full name, address and phone number of the patent agent’s office and the
registration number of the patent agent in the state register of patent agents.
(4) If both the names of a joint representative and a patent agent are provided in data
field 2, the patent agent is deemed to be the representative of the patent applicant.
(5) The Patent Office shall be immediately informed of any later changes to the
information concerning the representative of a patent applicant.
§ 14. Correspondence data
(1) Data field 3 shall be completed if the patent application is filed and the procedures
related to the application for a patent are performed by a patent applicant whose residence
or seat is in the Republic of Estonia or, in the case of several patent applicants, their joint
representative whose residence or seat is in the Republic of Estonia and if the patent
applicant or joint representative prefers to use a postal address of a destination located
within the territory of the Republic of Estonia different from the address provided in data
field 1 in order to ensure more expeditious receiving of written notices. It is
recommended that the contact telephone number be included.
(2) Information concerning the patent applicant or the joint representative shall also
be indicated in data field 3 if the information concerning a patent agent is indicated in
data field 2 but the patent agent is not authorised to accept written communications from
the Patent Office.
(3) If the patent applicant is a legal person or, in the case of several patent applicants,
the joint representative is a legal person, then the head of the legal person, an employee
appointed by the head or a procurator shall be the person who accepts written
communications from the Patent Office indicated in data field 3. On the basis of the
provisions of subsection 13 1 (1) of the Patents Act, third persons or other contractual
representatives in addition to the patent agent may not be authorised to accept written
communications from the Patent Office.
(4) If data field 3 is not completed in the prescribed cases, contains clearly incorrect
information or mistakes, the Patent Office shall send communications to the joint
representative indicated in data field 2 or, in the absence thereof, to the patent applicant
indicated in data field 1, including the person whose residence or seat is in a foreign
country. If, in the case of several patent applicants, a joint representative is not indicated,
communications shall be sent to the applicant indicated first in data field 1 at the address
of the residence or seat of the patent applicant. If there are persons among the patent
applicants whose residence or seat is in the Republic of Estonia and persons whose
residence or seat is in a foreign country, communications shall be sent to the person
whose residence or seat is in the Republic of Estonia and who is indicated first in data
field 1.
(5) The Patent Office shall be immediately notified of any later changes to the
correspondence data.
§ 15. Information concerning author
(1) The given name, surname and full address of the author, together with the two-
letter code of the country added thereto, shall be indicated in data field 4.
(2) If there are several authors, the information specified in subsection (1) concerning
all authors shall be indicated in data field 4.
(3) If the author is also the patent applicant, only the given name and surname of the
author or the word “taotleja” [applicant] may be written in data field 4. In such case,
providing the address is not required.
(4) An author who wishes not to disclose his or her name as the author shall provide a
request for the prohibition of disclosure of name as the author in data field 4 and shall
confirm the request with signature. If it is impossible to obtain the signature of the author
on the request for the grant of a patent, a separate document signed by the author which
contains a request for the prohibition of disclosure of the author’s name or a
corresponding request may be annexed to the patent application. A request for the
prohibition of disclosure of the author’s name may also be submitted later but not later
than one month prior to the publication of the patent application.
(5) If the author is deceased, the given name and surname of the author and the word
“surnud” [deceased] shall be indicated in data field 4.
§ 16. Information concerning right to apply for patent
(1) If the author is not simultaneously the patent applicant, the legal basis of applying
for a patent and becoming the proprietor of a patent shall be declared in data field 5 by
marking the appropriate box. Submission of a contract or any other document certifying
legal succession to confirm the legal basis is not required upon filing the patent
application.
(2) The right to apply for a patent and to become the proprietor of a patent may also
be declared in a separate document which shall be annexed to patent application
documents upon filing a patent application.
(3) The Patent Office may require submission of a contract or a document certifying
legal succession specified in subsection (1) of this section or an officially certified copy
thereof only if the legal basis of applying for a patent and becoming the proprietor of a
patent has not been declared in prescribed cases and the corresponding explanations
requested by the Patent Office are insufficient or give reason to suspect that the
provisions of § 12 of the Patents Act have been ignored upon filing of the patent
application.
§ 17. Name of invention
(1) The name of the invention which shall be identical with the name of the invention
provided in the description of the invention shall be indicated in data field 6.
(2) The translation of the name of the invention into English shall also be indicated in
data field 6.
§ 18. Priority claim
(1) If data field 7 is completed priority is deemed to be claimed.
(2) If priority is claimed, pursuant to subsections 11 (2) of the Patents Act, on the
basis of a first patent application or registration application of a utility model filed in any
State party to the Paris Convention for the Protection of Industrial Property or member of
the World Trade Organisation or on the basis of a first patent application or registration
application of a utility model filed in a state which is not a State party to the Paris
Convention for the Protection of Industrial Property or in a state which is not member of
the World Trade Organisation, the first box shall be marked in the data field and the
filing date of the first patent application or registration application of the utility model
and the two-letter country code and the number of the patent application or registration
application of the utility model (priority data) shall be entered in the data field after the
INID-code pursuant to Standard ST. 9 of WIPO. If the first patent application or
registration application of the utility model is a regional or international application, the
executive agency of the state or the intergovernmental organisation where the first
application was filed shall be indicated by a two-letter code. If the patent application is
filed on the basis of several first patent applications or registration applications of a utility
model, priority data of all such applications shall be entered in the data field.
(3) If, on the day of filing of a patent application with the Patent Office, the patent
applicant does not yet know the number of the first patent application or registration
application of a utility model, only the filing date and state of the first patent application
or registration application of a utility model in the priority claim shall be indicated.
(4) In event of a patent application separated from an initial patent application
pursuant to subsection 9 (2) or (3) of the Patents Act, the first box on shall be marked in
the data field if priority was claimed in the initial patent application, and the second box,
and priority data of the initial patent application to such extent as applies to the separated
invention shall be entered in the data field on the basis of subsection 11 (4) of the Patents
Act. The filing date of the initial patent application and the number of the patent
application shall be set out on the lower edge of the data field. If the initial patent
application is based on an international application, the international filing date shall be
indicated as the filing date.
(5) In event of a patent application filed with the Patent Office for the same invention
by the same patent applicant within twelve months, the fourth box shall be marked in the
data field and the filing date and number of the earlier patent application or registration
application of a utility model shall be entered in the data field on the basis of subsection
11 (5) of the Patents Act.
(6) In event of a patent application which is filed on the basis of corrections and
amendments to an earlier patent application which alter the subject matter of the
invention, the third box shall be marked in the data field and the date of filing of the
corrections and amendments with the Patent Office and the number of the earlier patent
application shall be entered in the data field on the basis of subsection 11 (3) of the
Patents Act.
§ 19. Information concerning payment of state fee
(1) The first box shall be marked in data field 8 and the amount of state fee for filing
a patent application and the method of payment by which the specified state fee was paid
shall be entered in the data field. Upon payment of the supplementary state fee in case of
patent claims exceeding ten claims, the second box shall also be marked in data field 8
and the amount of the supplementary state fee paid shall be entered in the data field.
Upon payment of the state fee for the issue of copies of patent documents of other printed
material referred to by the Patent Agent, the third box shall be marked in data field 8 and
the amount of state fee paid shall be entered in the data field.
(2) Upon payment of the state fee by payment order, by a cash payment to the bank
account of the Patent Office or in another manner, the number and date of the payment
document shall be indicated in the data field.
(3) The appropriate box shall be marked in the data field depending on whether the
state fee is paid by the patent applicant, patent agent or another person, including the joint
representative. If another person paid the state fee, the name of the payer shall be entered
in the data field.
§ 20. Other information
(1) Data field 9 shall be completed if:
1) information concerning the first patent application or registration application of a
utility model is filed, pursuant to subsection 21 (2) of the Patents Act, instead of filing the
description of the invention,
2) a document certifying the deposit of a biological material, including micro-
organism strain, is to be submitted pursuant to clause 19 (2) 3) of the Patents Act, or
3) disregard of the disclosed information concerning the invention in determining
the state of the art on the basis of subsection 8 (3) of the Patents Act is required.
(2) If information concerning the first patent application or registration application of
a utility model is submitted instead of the description of the invention, the first box shall
be marked in data field 9 and the filing date of the first application, the state or
international organisation where the first application was filed and the number of the first
application shall be entered in the data field. The description of an invention of the first
application and patent claims or translation thereof into Estonian shall be annexed to a
patent application if the first application is in a foreign language. If the description of an
invention of the first application and patent claims are not filed upon filing of a patent
application, it is recommended to file them as soon as possible. If the description of an
invention of the first application and patent claims is not filed on own initiative, it shall
be filed by the due date set by the Patent Office pursuant to subsection 22 (7) of the
Patents Act, but not later than within sixteen months from the filing date of the first
patent application or registration application of a utility model. In addition to the above-
mentioned, a priority claim conforming to subsection 18 (2) of this Regulation shall be
indicated in data field 7, on the basis of the first application, as a rule, and documents
certifying the priority claim shall be filed together with the patent application.
(3) Upon submission of information concerning the deposit of biological material,
including micro-organism, the second box shall be marked in data field 9, and accession
number, date of the deposit and the full or abbreviated name of the international
depositary authority shall be entered in the data field.
(4) Marking of the third box in data field 9 is deemed to be the filing of the request
provided for in subsection 8 (3) of the Patents Act. The date of disclosure of the
information concerning the invention which is desired not to be disclosed in determining
the state of the art, and the specific data concerning the source or event of disclosure as
accurately as possible, including the date of display of the invention as an exhibit at the
exhibition and the name and place of the exhibition shall be entered in the data field.
§ 21. Information concerning annexes
(1) In data field 10, the boxes next to such documents as were actually filed in the
patent application shall be marked in the list of annexes. The number of pages of each
document shall also be indicated.
(2) If a patent application contains a document which is not listed, the list shall be
supplemented by adding the name, number of pages and original copies of the document.
§ 22. Signature
(1) A request for the grant of a patent shall be signed by the patent applicant. If there
are several patent applicants, all of them shall sign.
(2) A signature shall consist of the given name and the surname, be legible or
deciphered in capital letters. If the patent applicant is a legal person, the title of the legal
representative who signed the request shall be added.
(3) When signing a request, the place (city, other settlement, farm) and date of
signing shall be indicated.
(4) A signature on an additional sheet of paper shall be in compliance with the
requirements provided for in subsections (2) and (3) of this section.
(5) A request for the grant of a patent may also be signed by a patent agent or a joint
representative if he or she has authorisation. An authorisation document which complies
with the requirements established in § 47 shall be annexed to a patent application for
certification of authority. If it is impossible to annex an authorisation document to the
patent application at the time of filing the patent application, it shall be forwarded to the
Patent Office at the earliest opportunity but not later than by the due date set by the
Patent Office on the basis of subsection 25 1 (1) of the Patents Act.
Division 3
Requirements for Content and Format of Description of Invention
§ 23. Purpose of description of invention
(1) The purpose of the description of an invention is to disclose the subject matter of
an invention. The subject matter of an invention shall be disclosed to such an extent
which would enable a person skilled in the art to comprehend the nature of the technical
problem and the solution thereof by means of the invention.
(2) The description of an invention shall ensure the precise interpretation of the scope
of patent protection determined by the patent claims.
§ 24. Structure of description of invention
(1) The name of the invention shall be the title of the description of an invention.
(2) The description of an invention consists of the following parts:
1) the technical field;
2) the state of the art;
3) the subject matter of the invention;
4) a list of drawings or other illustrative material;
5) one or several examples of making the invention and other information, as
necessary, which certifies the susceptibility of making the invention, industrial usage
thereof and of obtaining of the technical result presented.
(3) A nucleotide and/or amino acid sequence listing which complies with the
requirements established in § 34 (hereinafter sequence listing) shall also be part of a
description of an invention if nucleotide and/or amino acid sequences are disclosed in the
patent application.
(4) Single parts of the description of an invention or descriptions of the technical
solutions contained therein as well as explanations of the subject matter of an invention
or arguments for obtaining of the prescribed technical result by means of the invention
shall not be replaced by references to sources of literature, other patent application
documents or other sources of information.
(5) The beginning and end of the text of the parts of the description of an invention
specified in subsection (2) of this section shall be distinguishable. The parts may bear
titles which correspond to their names.
§ 25. Name of invention
(1) The name of an invention shall clearly and precisely indicate the technical
purpose of the invention and correspond to the subject matter of the invention. The name
of an invention shall not be narrower or broader than the subject matter of the invention.
The subject of the invention (device, process, material) shall be evident from the name of
the invention.
(2) It is recommended that the terminology of international patent classification be
used in names of inventions.
(3) The name of an invention shall not contain:
1) the name of a natural person, including the name of the author;
2) the business name of an enterprise;
3) place names;
4) a trade mark consisting of words or an element of a trade mark consisting of
words;
5) the word “new” or any advertising appeals or advertising text;
6) slang words and expressions;
7) other words and expressions which do not have a definite meaning as technical
terms.
(4) The name of an invention shall be provided in the singular. The names of
inventions relating to chemical compounds with a common structural formula constitute
an exception.
(5) In the name of an invention relating to an individual chemical compound, the
name of the compound shall be indicated according to a nomenclature used in chemistry,
preferably the IUPAC nomenclature. The specific purpose of the compound and, in the
case of bioactive compounds, the type of biological activity of the compound may be
indicated as well.
(6) In the case of processes for the creation of high-molecular compounds with
unspecified structure, the name of the high-molecular compound and the purpose thereof,
if necessary, shall also be indicated in the name of an invention.
(7) In the case of processes for the creation of substances with unspecified
composition, the purpose or bioactive qualities of the mixture of substances shall be
indicated in the name of an invention.
(8) If a patent application contains a group of inventions so linked as to form a single
general inventive concept, the name of the invention shall include all inventions
belonging to the group and the connection thereof, for example “Material X, process for
the creation thereof and use of the material X”, “Process Y and device for executing the
process”, “Material Z, process for the creation of material Z and device for executing the
process”, etc.
(9) The name of an invention shall not be abbreviated using abbreviations of terms or
the abbreviation “etc.” or other similar abbreviations.
(10) It is recommended that names of inventions be formulated on the basis of
Standard ST. 15 of WIPO.
§ 26. Technical field
The technical field where an invention belongs and the area of application of the
invention shall be indicated in the part of the description of the invention titled
“Technical field”. If there are several such fields and areas, the technical fields and areas
where the invention is intended to be used should be indicated.
§ 27. State of the art
(1) Analogous inventions previously known to the patent applicant and other
technical solutions which may be useful for understanding the subject matter of the
invention and for conducting an examination, preferably with references to documents in
which they are presented, shall be described in the part of the description of an invention
titled “State of the art”.
(2) Upon describing analogous solutions, terminology consistent with the terminology
of the invention to the extent possible shall be used. Common and distinguishing
technical features of analogous solutions and an invention shall be clearly evident from
the description of analogous solutions and such technical features shall also constitute the
basis for the formulation of patent claims.
(3) The solution which provides most similar technical results and is closest to an
invention known to a patent applicant in the state of the art shall be described separately
and the technical problem which renders the solution defective and which is to be
eliminated by the invention shall be indicated.
(4) If a patent application contains a group of inventions, solutions analogous to each
invention and the closest solution shall be described separately and the technical problem
which is to be solved by the corresponding invention contained in the group shall be
indicated in case of the latter.
(5) Bibliographical references to sources of information containing analogous
solutions shall be presented in the text of the description of an invention in such a manner
that locating of the sources according to the references would be as easy as possible.
(6) If a patent or another protection document of an invention is referred to, the name
of the country or the two-letter code of the country, the name of the protection document
or code of the type of the protection document, the number, the index of the international
patent classification and the name of the proprietor or author of the protection document,
and the year of publication of the protection document shall preferably be indicated.
§ 28. Subject matter of invention
(1) The subject matter of an invention is expressed as a set of essential features of an
invention. The set of essential features of an invention includes all features that are
necessary and sufficient to obtain a specific technical result which is the closest to the
invention and which is the purpose of the invention.
(2) This part of the description of an invention shall contain all the features of the
invention presented in patent claims and the technical result which is the purpose of the
invention and explain the causal relation between the features and the technical result.
(3) Upon disclosing the subject matter of an invention, other technical results
provided by the invention, including in individual cases or upon specific forms of
execution or special conditions of use, shall preferably be indicated as well. The technical
result which is the purpose of an invention may be, for example, the reduction of friction
coefficient, prevention of jamming, avoidance of defects from metal casting, increase of
the sensitivity of a measuring instrument, increase of the activity of a medicinal product,
localisation of the effects of a proprietary medicinal product, etc.
(4) In the case of a group of inventions, the subject matter of each invention
belonging to the group and the technical result obtained shall be described separately. For
confirmation of the unity of an invention, it is recommended that the technical connection
between the inventions belonging to the group and their role in the integral contribution
made to the state of the art be explained.
§ 29. List of drawings or other illustrative material
Besides the list of drawings or other illustrative material, a short explanation concerning
the content thereof shall be provided in this part of the description of an invention, for
example: Figure 1 – perspective view of the device, or Drawing fig 1 – perspective view
of the device; Figure 2 – Section on A-A, or Drawing fig 2 – Section on A-A; Figure 3 –
electric circuit of the device, or Drawing fig 3 – electric circuit of the device, etc.
§ 30. General requirements for preparation of examples of making invention
(1) At least one example describing the way in which the invention is capable of
exploitation in industry shall be provided. Generally, such example shall describe the best
way in which the invention is capable of exploitation known to the patent applicant at the
time of preparation of the patent application.
(2) If the industrial exploitation of an invention may potentially cause doubts in a
person skilled in the art or in a patent expert, it is expedient to provide proof and explain
the susceptibility of the invention to industrial exploitation in that part of the description
of the invention in order to dispel the doubts.
§ 31. Example of executing device
(1) In an example of making an invention relating to a device, the device shall first be
described in static state. If a device is described in the form of a scheme (electric,
hydraulic, pneumatic or other scheme), all elements of the schematic shall be listed and
connections between them are described.
(2) Upon describing a device, the drawings shall be referred to. The structural
elements shall be numbered in the course of preparing the description of an invention
according to the order of their first occurrence in the text. The numeration begins with
number one. Other numbering systems may be used as well. For example, independent
details are numbered with one- and two-digit numbers, components and details thereof
with three-digit numbers (“frame 1”, “electric motor 100”, “rotor 110 of electric motor
100”, “terminal plate 111 of rotor 110 of electric motor 100”, “terminal 112 of rotor 110
of electric motor 100”) etc. As the number of a structural element is part of the name of
the structural element in case of an example of making, then the number shall not be in
brackets, as a rule.
(3) After a device is described in static state, the functioning or exploitation thereof
shall be described referring to drawings and other illustrative material (diagrams, time
charts, etc.).
(4) If a device contains a polyfunctional element or device (including computer)
which is to be programmed (adjusted) or presumes the use thereof, information
confirming the possibility of using such element or device specifically in this device shall
be provided. If such information contains algorithms, especially computational
algorithms, such algorithms shall preferably be presented as block schematics or as
corresponding mathematical expressions, if possible.
§ 32. Example of executing process
(1) In an example of making an invention relating to a process, procedures (methods,
operations) performed with a material object, the order thereof, the conditions or
technological regime (temperature, pressure, etc.) of performing a procedure, devices and
materials, including biological materials, used shall be described. If a process is
characterised by using known means (known devices, materials, including biological
materials and micro-organism strains), such devices shall be indicated and knowledge
thereof shall be proven, if necessary. If means unknown from the state of the art are used,
such means shall be characterised. If a biological material is deposited, information
concerning the deposit shall be provided.
(2) If novel materials are used in the process, the process of creation thereof shall be
described to such an extent which would enable a person skilled in the art to prepare
them.
(3) In the case of an invention relating to the creation of a group of novel chemical
compounds with a common structural formula, an example of the process of creation of a
compound belonging to the group shall be provided and, if the group contains compounds
with different chemical radicals, examples of the creation of specific compounds with
different chemical radicals shall be provided. In the case of an homologous series,
examples of the creation of the first and last members and an intermediate member of the
series shall be provided. Structural formulae of the compounds belonging to the group
which are proven (determined) utilising known methods, the physico-chemical
characteristics and bioactive qualities of the compounds shall be provided and the
purpose of the compounds shall be described.
(4) In the case of an invention relating to the process of creating a high-molecular
compound with an unspecified structure, information necessary for the identification of
such compound, information concerning the precursors necessary for the creation thereof
and application characteristics of the compound shall be provided in the examples.
(5) In the case of an invention relating to a process of creating a mixture with a
specific purpose or specific bioactive qualities but with an unspecified composition and
structure, a characterisation of the mixture itself necessary for the identification of the
mixture and the application characteristics of the mixture shall be provided in examples
in addition to a description of the procedures and conditions of the process of creation.
(6) If an object is made of a material with unspecified composition and structure, in
the case of an invention relating to a process of creating such object, information
concerning the characteristics of the material and the application characteristics of the
object shall be provided in such a manner that it allows the identification of the material
and the object.
§ 33. Examples of materials
(1) In the case of a novel individual compound with a specified structure, the
structural formula proven (determined) with known methods, physico-chemical constants
and a description of the process of creation of the compound shall be provided.
Information on the possibility of using the compound for a certain specified purpose and,
in the case of bioactive compounds, quantitative indicators of activity and toxicity and of
selective action, if necessary, and other characteristics shall be provided.
(2) If a novel compound is to be used for medical purposes and clinical trials have
been carried out in connection therewith, data of such trials shall be provided indicating
the dose and intended purpose of the medical product, the process of preparation of the
recipe and the results of toxicity tests.
(3) If a novel individual chemical compound is created by use of a micro-organism
strain, the method of biosynthesis and information concerning the micro-organism strain
and deposit thereof, if necessary, shall be provided.
(4) In the case of a material relating to the creation of a group of novel individual
compounds with a common specified structural formula, the possibility of creation of all
compounds belonging to the group shall be proven on the basis of the common scheme of
the process of creation and an example of creation of a specific compound and, if the
group contains compounds with different chemical radicals, also an example of the
creation of specific compounds with different chemical radicals. Structural formulae of
the compounds created which are proven (determined) utilising known methods, their
physico-chemical constants and evidence demonstrating the possibility of using some
compounds in the group for a specific purpose shall be provided.
(5) If novel compounds are bioactive, indicators of activity and toxicity and of
selective action, if necessary, of such compounds shall be provided.
(6) In the case of an invention relating to an intermediate product, the possibility of
processing such product into a known final product or a novel final product with a
specific intended purpose or bioactive qualities.
(7) In the case of an invention relating to a composition (mixture, solution, alloy,
glass, etc.), ingredients belonging to the composition, characterisation and quantitative
relation of the ingredients and a description of the process of creation of the composition
shall be provided in the examples. If a novel substance is used as an ingredient of a
composition, the process of creation of such substance shall also be described.
(8) In the examples, the content of each ingredient shall be provided as a fixed
amount which is in compliance with the limits provided in patent claims. Upon
expression of the relation of the percentage by mass or volume of ingredients in patent
claims, the sum of the percentage of content of all ingredients shall equal 100 per cent.
(9) In the case of a micro-organism strain, the following information shall be
provided:
1) the name of the type of micro-organism strain in Latin and method of creation
thereof;
2) identifying mark (number, symbols) given to the micro-organism by the patent
applicant;
3) the exact name of the international depositary authority, if the micro-organism is
deposited;
4) the registration number given to the micro-organism by the international
depositary authority, if the micro-organism is deposited;
5) features of the micro-organism strain distinguishing the strain from the original
strain or other related strains;
6) substances obtained by use of the micro-organism strain, or another intended
purpose of the strain, whereupon the stability and lifetime of the products shall be
indicated;
7) assessment of the productivity of the micro-organism strain.
(10) If a micro-organism strain is not known to the public on the filing date of the
patent application or, if priority is claimed, on the date of priority and it is not deposited
pursuant to the Budapest Treaty specified in subsection 61 (4) of the Patents Act, the
micro-organism strain shall be described in the description of the invention in a manner
which enables a person skilled in the art to make the invention.
(11) The methods of determining and identifying a micro-organism strain
(environment, test conditions) shall be presented in the description of an invention which
contains the micro-organism strain.
(12) Upon presenting the features of a micro-organism strain, permissible limits of
variation thereof shall be indicated.
§ 34. Sequence listing
(1) A sequence listing shall be provided if nucleotide and/or amino acid sequences are
disclosed in a patent application.
(2) A sequence listing shall be prepared and filed as a separate document pursuant to
Standard ST. 25 of WIPO.
(3) The sequence listing is separately numbered. The number of the page shall not be
indicated on the first page of the sequence listing.
(4) The sequence listing is placed after patent claims upon filing a patent application;
however, if there are drawings or other illustrative material, it shall be placed after the
latter.
Division 4
Requirements for Content and Format of Patent Applications
§ 35. Purpose and meaning of patent claims
Patent claims determine the object and scope of patent protection. The contents and scope
of a patent protection are interpreted as they result from the wording of patent claims.
The description of the invention, drawings or other illustrative material or other patent
application documents shall not be taken into account upon interpreting patent claims in a
way which restricts or extends the wording thereof. In view of the foregoing, the wording
of patent claims is independent of wordings presented in other documents of a patent
application. Other documents of a patent application have legal effect only if it is possible
to prove and correct any obvious spelling and calculation mistakes in patent claims on the
basis thereof.
§ 36. Structure of and general requirements for patent claims
(1) Patent claims may consist of one or several claims.
(2) Patent claims consist of one independent claim and as many dependent
(subordinate) claims as necessary.
(3) If a patent application contains a group of inventions so linked as to form a single
general inventive concept, patent claims consist of an independent claim characterising
each invention and as many dependent claims as necessary. For example:
1) in addition to an independent claim concerning a material, an independent claim
concerning the process of creating the material and an independent claim concerning the
application of the material;
2) in addition to an independent claim concerning a process, an independent claim
concerning the device or equipment intended to be used in the process;
3) in addition to an independent claim concerning a material, an independent claim
concerning the process of creating the material and an independent claim concerning the
device or equipment necessary to execute the process;
(4) If the patent claims consists of two or more claims, they are numbered in the order
in which they occur (successive numeration).
(5) The independent claim of patent claims shall always be presented at the beginning
of the patent application and numbered number 1.
(6) In the case of a group of inventions, all patent claims concerning one subject of
invention are placed successively starting with the independent claim characterising the
subject, thereafter all patent claims concerning the second subject are presented, etc. The
numeration of claims is successive throughout patent claims.
(7) If the patent claims consist of only one claim, such claim shall not be numbered.
(8) The patent claims are prepared only as a set of essential technical features of an
invention. The wording of the text of the patent claims shall be clear and precise and as
short as possible. References to the description of an invention and the drawings or other
illustrative material may not be used, unless unavoidably necessary. It is prohibited to
replace features with references to the state of the art, description of the invention or
drawings or other illustrative material.
(9) Each independent claim of patent claims shall contain the essential technical
features of an invention and each dependent claim shall specify the essential technical
features of the invention included in the previous claim(s) of the patent claims.
(10) The terminology of patent claims and the description of the invention shall be
consistent.
(11) Upon generalising the features of an invention, it shall be taken into account that
the extent of definitions presented as features of the invention in patent claims shall not
exceed the extent to which such definitions can be interpreted with the help of the
description of the invention and the drawings or other illustrative material. If it is not
possible to use a generalised notion to express a feature of an invention, alternative
features may be used in patent claims. The need to use alternative features shall be
explained in the description of the invention.
(12) A claim of patent claims consists of a single sentence.
(13) In event of a group of inventions, the first claim of patent claims is the main claim
of the patent claims and the invention contained therein is directed at solving of the
technical problem which is necessary from the point of view of the state of the art. The
main claim of the patent application is the basis for definition of the single general
inventive concept. In order for the requirement of unity of invention to be complied with,
other inventions belonging to the group must have technical connection with the
invention contained in the main claim and they shall be subordinated to a single general
inventive concept such that all inventions contained in independent claims of the patent
application together constitute an integrate contribution to the state of the art.
§ 37. Independent claim of patent claims
(1) An independent claim of patent claims consists of a set of essential features, that
is, features which are necessary and sufficient to obtain the specific technical result which
is the purpose of the invention in all cases when patent protection is applied for.
(2) An independent claim of the patent claims consists of a restrictive part and
differentiating part.
(3) A restrictive part begins with the name of an invention. Essential features of an
invention which the invention shares with the closest solution known in the state of the
art (subsection 27 (3)) shall be presented in the restrictive part except in the case when
the invention shares no essential features with solutions known in the state of the art in its
field.
(4) A restrictive part begins with the expression “differs in that ...”, “which is
characterised by ...”, “further contains ...” or another suitable expression. The expressions
“differs”, “characterised by”, “contains”, etc. are printed double-spaced or distinguished
in another manner. The essential features of an invention which are novel compared to
the features of the closest solution known in the state of the art shall be presented in the
differentiating part
(5) An independent claim of patent claims shall be prepared without dividing it into a
restrictive part and differentiating part, if:
1) the invention is an individual compound;
2) a differentiating feature of the invention is the use of a device, process or
material;
3) the invention has no known analogues in the state of the art.
(6) An independent claim of patent claims shall not contain insignificant features,
including negative features, for example, in the form "does not contain element X". If the
set of features presented in the independent claim of patent claims is obtained by merely
omitting a feature of a technical solution known in the state of the art (so-called negative
novelty) without adding any new features, an invention shall be considered not
compatible with the criterion of patentability due to lack of inventive step, as a rule,
because a solution created by omitting an insignificant feature shall be considered, with
regard to the state of the art, obvious to a person skilled in the art.
(7) An independent claim of patent claims may contain alternative features if this is
unavoidable for obtaining of the specific technical result which is the purpose of the
invention in all cases when patent protection is applied for. Alternative features may not
be included in patent claims for the purposes of obtaining of an additional technical result
if unity of the invention is violated thereby.
(8) Patent claims may contain only one independent claim of patent claims with
regard to one invention. As an exception, the subject matter of an invention may be
expressed with more than one independent claim if the character of the invention does not
to allow the subject-matter of the invention to be expressed with one claim. On the basis
of subsection 10 (3) of the Patents Act, there may be more than one independent claim
with regard to one invention in the following cases:
1) the invention consists of several products grouped together, for example, a lock
and a key, a plug connector and a plug-in socket, in some cases, also a radio transmitter
and receiver, etc.;
2) the device or other product is used for various purposes;
3) such alternative solutions to the technical problem exist as not to allow the subject
matter of the invention to be covered by a single claim through alternative features. The
requirement of unity of invention must be met in all abovementioned cases.
(9) In event of a group of inventions, patent claims may contain more than one
independent claim in order to characterise the use of a device or other product, provided
that the requirement of unity of invention is complied with.
(10) In event of a group of inventions, the main claim of the patent claims or the
preceding independent claim is referred to in a following independent claim of the patent
claims.
§ 38. Dependent claim of patent claims
(1) A dependent claim of patent claims is subordinate to an independent claim. A
dependent claim may, at the same time, be subordinate to another dependent claim.
(2) A dependent claim shall consist of a restrictive part and differentiating part as an
independent claim, with the difference that an independent claim and other dependent
claims which the dependent claim is subordinate to are referred to instead of the features
of the restrictive part. The essential features which characterise special cases of making
or using the invention (for example, “3. The device according to claims 1 and 2 which
differs in that the frame is made of copper.”) shall be presented in the differentiating part.
(3) Dependent claims may be subordinate to an independent claim directly or
indirectly, through one or several dependent claims. Direct subordination of a dependent
claim is used if, besides the features presented in such claim, only the features of an
independent claim are necessary to characterise special cases of carrying out or using the
invention. If the features of one or several other dependent claims are necessary to
characterise the said special cases, indirect subordination of a dependent claim to an
independent claim is used.
(4) Technical solutions contained in a dependent claim which specify the essential
technical features of the invention included in the previous claim(s) of the patent claims
may be both technical solutions known in the state of the art and independent inventions.
If an invention contained in an independent claim is patentable, then the non-patentability
of a technical solution contained in a dependent claim or lack of unity shall not be taken
into account.
§ 39. Particulars of patent claims pertaining to device
(1) In patent claims, a device shall be described in static state (subsection 31 (1) also
applies to electric circuits and other schematics). Verbs expressing unfinished activities,
such as “roll”, “pulls”, “descends”, shall not be used in patent claims. If it is necessary to
use an activity as the feature of a device, it shall be presented as a finished activity, for
example “executed”, “attached”, “placed”, “descended”.
(2) In patent claims, the mobility of an element may be indicated (“a disk capable of
rotating”, “a longitudinally movable blade”, etc.) or an element may be characterised
through the function thereof (“a pin for the fixation of the position of the lever”, etc.) on
the condition that a person skilled in the art is capable of making the element
independently.
(3) In patent claims, reference numbers of the elements represented on drawings or, in
case of electric and other schemes, symbols of the elements (for example, symbols of
electric circuit “R1”, “C1”, etc.) may be added to reference numbers in brackets to the
features. However, upon the preparation of patent claims, it shall be taken into account
that the nature of a technical solution shall become evident also without using the
reference numbers. Other references to the description of an invention and the drawings
or other illustrative material shall not be used in patent claims, unless unavoidably
necessary.
§ 40. Particulars of patent claims pertaining to process
Verbs characterising a procedure (method, operation) shall be used in the present tense of
the Indicative Mood using passive voice, for example “is heated”, “is irrigated”, etc.
§ 41. Specifications upon use of known device, process or material
In order to characterise the use for a novel purpose of a known device, process or
material, including micro-organism strain, the novel purpose thereof shall be indicated in
the independent claim of patent claims. In such case, the structure of patent claims is the
following: the word “Using”, a name allowing the identification of the device, process,
material, including micro-organism strain or other biological material and the purpose of
the use.
§ 42. Particulars of patent claims pertaining to material
(1) In the patent claims of any individual compound, the purpose or type of biological
activity of the compound and the name or sign of the compound shall be indicated.
(2) If a composition is characterised by the quantitative composition of the
ingredients in patent claims, the minimum and maximum limits of the content of
ingredients shall be indicated using uniform units.
(3) It is permitted to indicate the content of one ingredient in a composition using
certain units and the content of other ingredients in proportion to the first ingredient (for
example, providing the content of ingredients per 100 mass units of the main ingredient
or per one litre of the solution).
(4) It is permitted to indicate the content of antibiotics, ferments, etc. in a composition
in other units than the content of other components of the composition (for example, in
units of fermentative activity per a unit of mass of the other ingredients of a
composition).
(5) The differentiating part of patent claims of an invention pertaining to a
composition begins with the expression “contains additionally” if the introduction of an
ingredient into the composition is to be emphasised.
(6) If the purpose of a composition is determined only by a novel active component
and other components perform the usual function in a composition of this type, only the
active component and the quantitative content thereof in the composition may be
indicated in patent claims.
(7) If the feature of an invention is a known material with a complicated composition,
the use of a special name of such material is permitted provided that the qualities or
functions of the material and components thereof are indicated. In such case, the
complete composition and manner of creation, if necessary, of the material shall be
provided in the description of the invention.
§ 43. Particulars of patent claims pertaining to biological material, including micro-
organism strain
If the biological material (e.g. gene, micro-organism strain) which is the subject of an
invention is deposited, the following shall be indicated in patent claims:
1) the name of the biological material (the name of the micro-organism strain in
Latin);
2) registration number of the deposit given by the international depositary authority;
3) the name of the international depositary authority;
4) the practical purpose of the use of the material.
Division 5
Other Patent Application Documents
§ 44. Drawings or other illustrative material
(1) Drawings or other illustrative material shall be submitted if they are necessary for
understanding the example of making the invention set out in the description of an
invention.
(2) Drawings or other illustrative material submitted shall be consistent with the text
of the description of an invention.
(3) Drawings or other illustrative material shall be submitted as graphic materials
(technical drawings, schematics, graphs, diagrams, drawings, oscillograms, etc.),
photographs, tables or charts.
(4) Drawings shall be submitted in case an invention cannot be illustrated with
technical drawings or plans. As a rule, photographs shall be submitted to supplement
graphic materials. In exceptional cases, for example upon illustrating the stages of
surgical operations, the main explanatory material may consist of photographs.
(5) Drawings and other illustrative material referred to in the description of the
invention or patent claims shall be filed with the Patent Office upon filing a patent
application. If a drawing or illustrative material referred to in the description of the
invention or claims (or all or some of them in case of several drawings or illustrative
materials) has been omitted from patent application documents for some reason upon
filing the patent application with the Patent Office, it may be filed within two months as
of the day of filing of the patent application. In such case, it must be taken into account
that, pursuant to subsection 21 (7) of the Patents Act, the Patent Office will change the
filing date of the patent application regardless of the reasons for failure to file the
application and shall deem the date on which the Patent Office receives the drawing or
other illustrative material that was missing to be the new filing date of the patent
application. Drawings and other illustrative material referred to in the description of the
invention or claims which was not filed earlier, as well as drawings and other illustrative
material which are not referred to, which are filed after termination of the aforementioned
term of two months shall be included in the patent application documents only if it is
established in the course of the examination of the patent application that no violation of
the provisions of subsection 25 (1) of the Patents Act is involved.
§ 45. Abstract of subject matter of invention
(1) The purpose of an abstract of the subject matter of an invention is to provide
solely technical information about the invention.
(2) An abstract of the subject matter of an invention shall be comprehensive and easy
to understand and enable a person skilled in the art rapidly to realise how to solve the
technical problem presented using the invention.
(3) The name of an invention, the field of application of the invention if it is not
evident from the name of the invention, the technical problem the invention is to solve or
the technical result obtained shall be provided in the abstract of the subject matter of the
invention.
(4) The subject matter of an invention is disclosed through a free presentation of the
essential features of the invention.
(5) Upon preparation of the text, suitability thereof for an information search on a
computer should be taken into account.
(6) An abstract of the subject matter of an invention shall be prepared in Estonian and
English. The text in either language shall not exceed 150 words.
(7) A patent applicant may indicate at the end of the abstract of the subject matter of
the invention the number of the image of the drawing or other illustrative material which,
in the applicant’s opinion, characterises the invention best.
§ 46. Payment of state fee and document certifying payment of state fee
(1) The state fee for filing a patent application and all subsequent state fees related to
the processing of a patent application and the continued validity of a patent shall be paid
into the bank account of the Patent Office designated for payment of state fees. The
Patent Office shall publish the information concerning the bank account in the official
gazette of the Patent Office and on the website of the Patent Office.
(2) In the case of patent applications with patent claims containing more than ten
claims, a supplementary state fee shall be paid for each claim starting with the eleventh
claim of the patent claims.
(3) If a patent applicant wishes to obtain copies of patent documents and other printed
material an expert refers to in the course of the examination of the patent application, the
applicant may additionally pay the corresponding state fee upon filing the patent
application.
(4) The amount of state fee payable for the filing of a patent application is different
depending on whether the applicant is a natural person or a legal person. If the patent
applicant is a natural person or, in the case of several patent applicants, all applicants are
natural persons, the state fee for filing a patent application shall be paid in a smaller
amount than in a case when the patent applicant is a legal person or, in the case of several
patent applicants, any of them is a legal person, pursuant to the provisions of § 121 of the
State Fees Act (RT I 1997, 80, 1344; 2001, 55, 331; 56, 332; 64, 367; 65, 377; 85, 512;
88, 531; 91, 543; 93, 565; 2002, 1, 1; 18, 97; 23, 131; 24, 135; 27, 151 and 153; 30, 178;
35, 214; 44, 281; 47, 297; 51, 316; 57, 358; 58, 361; 61, 375; 62, 377; 90, 519; 102, 599;
105, 610; 2003, 4, 20; 13, 68; 15, 84 and 85; 20, 118; 21, 128; 23, 146; 25, 153 and 154;
26, 156 and 160; 30, correction notice; 51, 352; 66, 449; 68, 461; 71, 471; 78, 527; 79,
530; 81, 545; 88, 589 and 591; 2004, 2, 7; 6, 31; 9, 52 and 53; 14, 91 and 92; 18, 131 and
132; 20, 141; 24, 165; 25, 170; 26, 173; 27, 177; 28, 189; 30, 205; 32, 226 and 228; 34,
236; 36, 251; 38, 257 and 258; 45, 315 and 317; 71, 502; 75, 521).
(5) If the state fee for the filing of a patent application is paid in an amount more than
the prescribed rate in error, the Patent Office shall notify the applicant thereof. A person
who pays a state fee has the right to be refunded the amount paid in excess of the
prescribed amount.
(6) Concerning the payment of the state fee, the document certifying payment of the
state fee specified in clause 7 (2) 4) of this Regulation which contains the following
information shall be submitted to the Patent Office on paper:
1) the number and date of the payment document;
2) the name of the payer;
3) the amount paid;
4) a notation which clearly indicates that the state fee is paid for the filing of a patent
application unless information concerning payment of the state fee is provided in the
corresponding data field of the request for the grant of a patent;
5) the patent application number, the number of receipt of the patent application in
the Patent Office or the name of the invention unless information concerning payment of
the state fee is provided in the corresponding data field of the request for the grant of a
patent.
(7) A document certifying payment of the state fee shall clearly set out which agency
or person prepared the document.
(8) If the document certifying payment of the state fee does not include a
confirmation of the banking establishment, it shall have been signed by the person who
signed the document.
§ 47. Authorisation document
(1) An authorisation document is issued to a patent agent or several patent agents for
the filing of one or several patent applications or the performance of all or certain
procedural acts related to application for a patent or continued validity of a patent. An
authorisation document cannot be issued to a patent agent for carrying out of transactions
performed in connection with disposal of ownership of an invention, including transfer of
a patent application or a patent (registration) to another person, entry into pledge
contracts and licence agreements, and other transactions.
(2) An authorisation document is issued to the joint representative if:
1) restriction of the scope of his or her authority is requested;
2) the joint representative has signed the request for the grant of a patent as a
representative, or
3) a patent applicant has not signed the request for the grant of a patent;
4) the joint representative is designated after filing the patent application.
(3) An authorisation document shall set out the following:
1) the given name, surname and the address of the residence or the seat of the
enterprise of the person represented (patent applicant), or the name and address of the
seat of the person represented if the person is a legal person;
2) the given name and surname of the patent agent;
3) in the case of a joint representative who is a natural person, the given name and
surname of the natural person, in the case of a joint representative who is a legal person,
the name of the legal person;
4) the scope of the authorisation, except in the case of a joint representative if
restriction the scope of his or her authority is not requested;
5) the date on which the term of validity of the authorisation commences, if the
authorisation is granted prior to signing the authorisation document;
6) the term of the authorisation, if the authorisation is granted for a specified term;
7) the signature of the person represented;
8) the place and date of signing the authorisation document.
(4) An authorisation document is issued in the name of several patent agents if joint
authorisation is granted. If joint authorisation is granted, all patent agents listed in the
authorisation document are deemed competent to represent the patent applicant to the full
scope of the authorisation granted by the authorisation document unless the restriction of
the authorisation of a certain patent agent is prescribed by the authorisation document. If
the scope of authorisation is equal, the Patent Office shall perform procedures with any of
the patent agents listed in the authorisation document.
(5) On the basis of subsection 13 1 (1) of the Patents Act, only an authorisation granted
directly to the patent agent by the patent applicant or, in the case of several patent
applicants, to the joint representative shall apply The right of representation cannot be
accepted or transfered by delegation of authority even if such right is provided for in the
authorisation document.
(6) If there are several patent applicants, all of them shall sign the authorisation
document. Instead of a joint authorisation document, each patent applicant may file a
separate authorisation document or some of them may file a joint authorisation document
on the condition that the scope of authorisation is similar in all authorisation documents.
A signature of the person represented shall consist of the given name and surname of the
person, be legible or deciphered in capital letters. If the patent applicant is a legal person,
the title of the legal representative shall be added.
(7) Notarisation or legalisation of an original authorisation document is not required.
(8) If the date on which the term of validity of an authorisation commences is not
specified in the authorisation document, the term of authorisation shall commence as of
the date of signing the authorisation document. If a patent agent submits the authorisation
document after the performance of an act in the cases prescribed by law, the date of
performing the act shall be deemed to be the date of granting authorisation on the basis of
subsection 3 (1) of the Patents Act (RT I 2001, 27, 151; 93, 565; 2002, 53, 336; 2003, 88,
594), except if this is contrary to the content of the authorisation document or the
authorisation document is invalid for another reason.
(9) If the term of validity of authorisation is not indicated in an authorisation
document, the authorisation document is deemed to be issued for an unspecified term.
(10) If the patent agent specified in an authorisation document is not entered in the
state register of patent agents or if he or she has not been awarded the qualification of a
patent agent for operation in the area of inventions, the authorisation document shall be
considered invalid.
(11) Upon performing procedures with the Patent Office, a request for the grant of a
patent in which information required in § 13 of this Regulation is entered in data field 2
and which is signed, in the case of a joint representative, by all other patent applicants
together with the joint representative or, in the case of a patent agent, by all patent
applicants shall be considered a document certifying authorisation and substituting for an
authorisation document. In such case, the performance of all acts related to the processing
of a patent application and the continued validity of a patent, except transfer of ownership
of invention to another person, shall be deemed to be the scope of authorisation of the
joint representative and the patent agent.
(12) If authorisation documents issued to different persons are valid for the
performance of the same act, the Patent Office shall send communications to the person
authorised by the authorisation document issued more recently unless otherwise provided
in the authorisation documents or another document concerning the authorisation.
§ 48. Documents certifying declaration of priority
(1) If priority is claimed on the basis of the Paris Convention for the Protection of
Industrial Property, the Agreement Establishing the World Trade Organisation or another
agreement, originals of the documents certifying priority issued to the patent applicant by
the patent office which received the first patent application or registration application of a
utility model shall be annexed to patent application documents.
(2) If priority is claimed on the basis of several earlier patent applications or
applications for the registration of an industrial design, original documents certifying
priority shall be included concerning all such applications.
§ 49. Document certifying deposit of biological material
The copy of a certificate of an international depositary authority which is in compliance
with Rule 7 of the Guidelines to the Budapest Treaty shall be deemed to be a document
certifying the deposit of a biological material, including micro-organism strain.
§ 50. General requirements for translations
(1) Translations of all documents included in a patent application shall correspond to
the original documents.
(2) The translator or the patent agent shall be responsible for the authenticity of
translations. The authenticity of a translation shall be confirmed by a statement included
at the end of the text stating “I confirm the correctness of the translation” and the
signature of the translator or the patent agent. The signature shall be legible or deciphered
in capital letters.
(3) If translation is made by a sworn translator, he or she may certify the translation
pursuant to the procedure established for certification of translations made by a sworn
translator, taking into consideration, however, that the means and requisites used for the
certification shall not hinder making an unlimited number of copies of the documents
using copying devices in general use.
(4) If a translated document is filed in several original copies, the declaration and
signature specified in subsection (2) of this section shall be appended to the end of only
one copy.
§ 51. Correctness of translation and corrections thereto
(1) Saving proof to the contrary, a translation is presumed to be correct until the
contrary is proved.
(2) A patent applicant, the proprietor of a patent or a patent agent may apply for
corrections to be made in a translation to correct obvious wording and spelling mistakes
if the corrections correspond to the text in the foreign language. Upon application for
corrections to be made to the translation of the description of an invention and patent
claims, the restriction established in subsection 25 (4) of the Patents Act shall be taken
into account.
Division 6
Requirements for Completion of Patent Application Documents
§ 52. General requirements for completion of text documents
(1) All patent application documents shall be completed and submitted on dense matt
strong and flexible white paper in format A4 (210 x 297 mm).
(2) Each sheet of paper shall be used in portrait format and on one side only.
(3) Each patent application document shall begin on a new page.
(4) The minimum margins used upon the preparation of descriptions of invention,
patent claims, sequence listing and abstracts of the subject matter of invention shall be:
1) top margin – 20 mm;
2) left margin – 25 mm;
3) right margin – 20 mm;
4) bottom margin – 20 mm.
(5) The maximum margins used upon the preparation of descriptions of invention,
patent claims, sequence listing and abstracts of the subject matter of invention shall be:
1) top margin – 40 mm;
2) left margin – 40 mm;
3) right margin – 30 mm;
4) bottom margin – 30 mm.
(6) The pages of text documents shall be numbered with Arabic numerals. The
number of a page shall be placed in the centre of the page under the top margin. The
description of an invention and patent claims shall be consecutively numbered beginning
with the description of the invention. The sequence listing shall begin on a new page and
is separately numbered. An abstract of the subject matter of an invention shall also be
separately numbered if it is filed on several sheets. The number of the page shall not be
indicated on the first page of the description of an invention, sequence listing and
abstracts of the subject matter of invention.
(7) Every fifth text line of the description of an invention and patent claims shall
preferably be numbered on the right side of the left margin. Line spaces which separate
text paragraphs, or blank rows shall not be deemed to be text lines and shall not be
numbered.
(8) The text of the documents shall be in typewritten form or in typescript, printed or
presented using another technical method.
(9) Documents must be typed with black non-erasable permanent ink and with such
contrast which allows making an unlimited number of copies of the documents with all
copying devices in general use.
(10) No document sheet may be stained or crumpled. They shall not contain visible
paper defects, folding lines, stains, spots or lines resulting from tying or copying, or other
defects which appear during further copying.
(11) The text of the description of an invention, patent claims and abstract of the
subject matter of an invention shall be typed with minimum line spacing of 1.5 and using
a font in which the height of capital letters is at least 2.1 mm.
(12) Graphic symbols, names in Latin, Latin and Greek letters, mathematical and
chemical formulae may be handwritten using black ink, fountain pen or Indian ink. A
mixture of a technical method and handwriting shall not be used in formulae.
§ 53. Terms and symbols
(1) Standard terms, symbols, abbreviations and measurement units or, in the absence
thereof, terms, symbols, abbreviations and measurement units ordinarily used in scientific
and technical literature shall be used in descriptions of inventions, patent claims and
abstracts of the subject matter of inventions.
(2) If a term or sign is used which is not common in professional publications, the
meaning of the term or sign shall be explained when the term or sign is first used in the
description of an invention. In the absence of a term in Estonian, a term in a foreign
language may be used and the foreign term shall be in italics.
(3) All conventional signs shall be explained.
(4) Descriptions of inventions and patent claims shall be in compliance with the
requirement of uniform terminology (i.e. terms used in the description of an invention
and patent claims shall be the same). The requirement of uniform technology also applies
to measurement units of physical quantities, dimensions and conventional signs.
(5) Physical quantities shall be expressed in the SI or CGS system of units.
(6) The percentage sign (%), the symbol of temperature (°C, etc.) and other similar
symbols shall be used only following a number. The words “per cent”, “degree”, etc.
shall be used in the text correspondingly and not expressions such as for example
“temperature rises by some % or °C” or “volume increases 2×”.
§ 54. Non-permissible expressions
(1) The text of patent application documents shall not contain expressions which are
contrary to public order and morals or derogatory to other persons and their inventions.
(2) Texts or images advertising an invention or the patent applicant shall not be
included in the description of an invention or other patent application documents.
(3) A trade mark consisting of words may be used in the text only if it unequivocally
determines an essential feature of an invention.
§ 55. Chemical formulae
(1) Chemical formulae may be presented in descriptions of inventions, patent claims
and abstracts of the subject matter of inventions.
(2) Upon writing structural formulae of chemical compounds, the symbols of
elements in general use shall be used and the bonds between elements and radicals shall
be indicated in an accurate manner.
§ 56. Mathematical expressions and symbols
(1) Mathematical expressions (formulae) and symbols may be used in descriptions of
inventions, patent claims and abstracts of the subject matter of inventions.
(2) All signs used in mathematical formulae shall be deciphered in the order of their
occurrence. Clarifications of a formula shall be written in a column under the formula.
(3) Mathematical symbols “>”, “<”, “=”, etc. shall be used only in mathematical
formulae, in the text such symbols shall be presented by words (“more”, “less”, “equal”,
etc.).
(4) The sign “-“ (“from ... to ... “) may be used to designate intervals between positive
numbers. In other cases, the words “from” and “to” shall be used.
(5) Upon expression of quantities as a percentage, the percentage sign (%) and unit of
measurement shall be used following a number. The percentage sign and symbols of
measurement units shall not be used in the text (subsection 53 (6)).
(6) Mathematical formulae may be split only at a sign.
§ 57. Requirements for format of drawings or other illustrative material
(1) Any type of drawings or illustrations (schemes, tables, diagrams, graphs,
drawings, oscillograms, etc.) shall be made, pursuant to the requirements of technical
drawing, with black non-erasable lines without shadings or colourings using drawing
instruments and shall be submitted on dense matt strong and flexible white paper in
format A4 (210 x 297 mm). Drawings or other illustrative material may not be prepared
with relief surface or in any other technique three-dimensionally.
(2) Drawings shall be submitted without titles, descriptive texts or remarks, except
references such as “water”, “steam”, “open”, “closed”, “A-A” (to designate a section),
etc. and signs used in electric circuits and other schematics.
(3) Letters and numbers shall not be in brackets, circles or quotation marks.
(4) The minimum height of letters and numbers shall be 3.2 mm.
(5) Orthographic projection should preferably be used in drawings. Axonometry may
be used as well.
(6) The size of details and other elements shall not be indicated in drawings.
Proportions of different sizes shall be provided in the description of the invention, if
necessary. Absolute dimensions shall be provided if they belong to the essential features
of the invention.
(7) Drawings shall not contain frames.
(8) The minimum margins of a sheet of paper shall be: top margin – 25 mm, left
margin – 25 mm, right margin – 15 mm and bottom margin – 10 mm. The usable surface
area of drawings shall not exceed 262 × 170 mm.
(9) Elements of the same figure shall be in proportion to each other, unless a
difference in proportion is indispensable for the clarity of the figure.
(10) Information not mentioned in the description of an invention or unnecessary for
understanding the subject matter of the invention shall not appear in drawings (for
example, the image of a trade mark on a drawing of a device, etc.). Reference signs not
mentioned in the description and claims shall not appear in the drawings and vice versa.
(11) If images on two or more sheets are parts of one drawing, the images shall be
placed in such a way that it is possible to form the whole drawing by putting the sheets
together.
(12) It is recommended that the drawings be placed on a sheet in portrait format so that
the sheet would be filled to the maximum. If drawings cannot be placed on a sheet in
portrait format, they shall be placed so that the upper part is on the left side of the sheet.
(13) More than one image (figure) may be placed on one sheet but the images must be
clearly separated from each other. All images shall be numbered with Arabic numerals
with the sign FIG added before the numeral, for example, FIG 1, FIG 2, etc. regardless of
the type of the image (figure, schematic, graph, drawing, etc.). If only one image is used
to explain an invention, the image need not be numbered.
(14) Upon numbering the sheets of drawings, the order in which they are referred to in
the description of the invention should be followed. The pages of drawings shall be
numbered with Arabic numerals which are placed in the centre of the page under the top
margin and which measure at least 3.2 mm. The number of each page shall consist of two
Arabic numerals which are separated by a slash and of which the first numeral is the
number of the page and the second numeral is the total number of pages of drawings or
other illustrative material (for example 1/3, where number 1 indicates the sequence
number of the page of the drawing and number 3 the total number of pages of the
drawing).
(15) Graphic images shall not be provided in the text of the description of an invention
and patent claims.
(16) The scale of an image shall be such that upon reduction to 2/3 of the linear
dimensions all details can be clearly distinguished.
(17) All elements of graphic images mentioned in the description of an invention shall
be designated in the description of the invention and the drawings. Reference numbers of
elements of graphic images shall be designated by Arabic numerals according to the
numbering of such elements in the description of the invention and patent claims. It is
recommended that the numeration in the description of an invention begin with one and
go on according to the order in which the elements occur in the text. In order to number
the elements in the drawings, straight or freely drawn leading lines are used which are
thinner than other lines. In the case of certain references, the leading lines may be
omitted. References which are not connected to any element designate the surface or
section where they are located and such references may be underlined. This serves to
emphasise that the leading lines have not been omitted by mistake. The same elements on
different drawings shall be denoted by the same reference numbers.
(18) If a graphic image is presented as a schematic, standard graphic symbols are used.
Elements of a schematic of a certain type may be used on a schematic of different type
(for example, single elements of a cinematic or hydraulic schematic and corresponding
symbols may be added to a schematic of an electric circuit). If rectangles are used as
graphic signs on a schematic, the name of the element shall be written in the rectangle in
addition to the numeral designation. If the size of the graphic sign of an element does not
allow this, the name of the element may be written on the leading line.
(19) Photographs shall be filed in black-and-white. Representations on photographs
must be distinguishable and adequately contrasted so that high-quality copies can be
made of the photographs. The format of a photograph shall not exceed format A4.
Smaller photographs shall be attached (glued or copied) to a white sheet of paper in
format A4.
(20) If a drawing or other illustrative material in the initially filed patent application
contains text in a foreign language, or if drawings or illustrative material of an earlier
application which contain text in a foreign language are used as drawings or other
illustrative material, the text in the foreign language shall be replaced by the text in
Estonian.
(21) No sheet of drawings or other illustrative material may be stained or crumpled.
They shall not contain visible paper defects, folding lines, stains, spots or lines resulting
from tying or copying, or other defects which appear during further copying. Drawings
shall not be folded or rolled up.
Chapter 5
Procedure for Filing of Patent Applications
§ 58. Filing of patent applications
(1) Patent applications shall be filed with the receiving section of the Patent Office in
person or by post. A patent application may also be posted in the post box for
applications for the registration of legal protection of objects of industrial property open
at the Patent Office for twenty-four hours every day of the year.
(2) The actual date of receipt of a patent application at the Patent Office is deemed to
be the filing date of the patent application. This applies also if a patent application is
delivered using a postal or delivery service.
(3) Patent application documents shall not be accepted by fax or other electronic
means.
§ 59. Filing of patent application by patent applicant whose residence or seat is in the
Republic of Estonia
All persons whose residence or seat is in the Republic of Estonia may file a patent
application with the Patent Office and then perform procedures related to the processing
of the patent application independently on the basis of the provisions of subsection 13 1
(1) of the Patents Act or authorise a patent agent to represent them.
§ 60. Filing of patent application by patent applicant whose residence or seat is in foreign
state
(1) Persons whose residence or seat is outside the Republic of Estonia may file a
patent application with the Patent Office independently or through a patent agent, on the
basis of the provisions of subsection 131 (2) of the Patents Act.
(2) Persons whose residence or seat is outside the Republic of Estonia perform, on the
basis of the provisions of subsection 13 1 (2) of the Patents Act, procedures related to the
processing of the patent application with the Patent Office only through a patent agent.
§ 61. Filing of patent application by several patent applicants
(1) If two or more patent applicants, all of whom reside or have their seat in the
Republic of Estonia are indicated in a patent application, such applicants may file a
patent application with the Patent Office independently. They may authorise a joint
representative from among themselves on the basis of the provisions of subsection 13 1 (3)
of the Patents Act for performance the subsequent procedures related to the processing of
the application with the Patent Office. Patent applicants may also authorise a patent agent
to represent them.
(2) If the residence or seat of all patent applicants indicated in a patent application is
in a foreign state, such applicants may file a patent application with the Patent Office
independently. They shall authorise a patent agent to represent them on the basis of the
provisions of subsection 13 1 (2) of the Patents Act for performance of the subsequent
procedures related to the processing of the application with the Patent Office.
(3) If there are persons among the patent applicants indicated in a patent application
whose residence or seat is in the Republic of Estonia and persons whose residence or seat
is in a foreign country, such applicants may file a patent application with the Patent
Office independently. However, they shall authorise a patent agent to represent them on
the basis of the provisions of subsection 13 1 (2) of the Patents Act or they shall authorise
a person whose residence or seat is in the Republic of Estonia from among themselves (a
joint representative) on the basis of the provisions of subsection 13 1 (3) of the Patents Act
for performance of the subsequent procedures related to the processing of the application
with the Patent Office. Patent applicants may also authorise a patent agent as their
representative.
(4) In order to authorise a joint representative, patent applicants may indicate the joint
representative in the request for the grant of a patent upon filing of a patent application,
pursuant to the provisions of subsection 47 (11) of this Regulation In order to authorise a
joint representative in the course of processing or alter the joint representative, patent
applicants shall file a joint authorisation document.
(5) If patent applicants have not authorised a patent agent or have not indicated a joint
representative in the request for the grant of a patent or have not authorised a joint
representative later in a case specified in subsection (1) or (3) of this section, the Patent
Office shall consider the patent applicant whose residence or seat is in the Republic of
Estonia indicated first in the request for the grant of a patent to be the joint representative.
§ 62. Filing of document certifying payment of state fee
(1) The document certifying payment of the state fee shall generally be filed with the
Patent Office upon filing a patent application. Filing of the document certifying payment
of the state fee together with the patent application is not required if the information
concerning payment of the state fee is set out in the request for the grant of a patent in
pursuance of § 19 upon filing of the patent application.
(2) If no document certifying payment of the state fee has been annexed to the patent
application and the information concerning payment of the state fee has not been entered
on the request for the grant of a patent pursuant to § 19, the document certifying payment
of the state fee shall be filed with the Patent Office within two months as of the filing
date of the patent application, on the basis of subsection 20 (2) of the Patents Act. The
specified term shall not be extended or restored.
(3) The document certifying payment of the state fee shall be filed with the receiving
section of the Patent Office in person or by post. It may also be posted in the post box for
applications for the registration of legal protection of objects of industrial property open
at the Patent Office for twenty-four hours every day of the year.
(4) If state fee is paid by several persons at different times, the state fee is deemed to
be paid by the person whose document certifying payment of the state fee arrived at the
Patent Office first.
(5) In the case of doubt, the Patent Office may verify payment of the state fee to the
bank account of the Patent Office. If state fee has not been received into the bank account
of the Patent Office or if the information concerning payment of the state fee submitted to
the Patent Office pursuant to this section does not agree with the information of the bank
account of the Patent Office, the Patent Office may require that the patent applicant
submit a document certifying payment of the state fee confirmed by the banking
establishment for the purpose of verification of payment of the state fee. The date of
receipt of the state fee has no legal effect in the course of processing a patent application,
on the basis of subsection 41 (2) of the Patents Act.
§ 63. Submission of authorisation document
(1) An authorisation document shall be filed with the Patent Office in a patent
application if the request for the grant of a patent is signed by a patent agent or the joint
representative.
(2) If an authorisation document is not filed upon filing of a patent application, it is
recommended to file it as soon as possible. If the authorisation document is not filed on
own initiative, it shall be filed by the due date set by the Patent Office on the basis of
subsection 25 1 (1) of the Patents Act.
(3) Subsection (2) of this section also applies in event of a patent applicant whose
residence or seat is outside the Republic of Estonia if he or she files a patent application
independently.
§ 64. Submission of documents certifying priority claim
(1) Documents certifying the priority claim shall be filed together with the patent
application upon filing thereof with the Patent Office.
(2) If documents certifying a priority claim are not appended to a patent application,
such documents shall be filed, pursuant to the provisions of subsection 20 1 (2) of the
Patents Act, within sixteen months as of the priority date.
(3) Documents certifying the priority claim need not be submitted if priority is
claimed on the basis of a first patent application or registration application of a utility
model in the Republic of Estonia or if subsections 20 1 (4) and (5) of the Patents Act
apply.
(4) Translations of documents certifying a priority claim into Estonian shall be filed
pursuant to subsection 201 (6) of the Patents Act at the request of the Patent Office on the
basis of subsection 23 (2) of the Patents Act within the term set by the Patent Office. On
the basis of subsection 19 (6) of the Patents Act, the Patent Office has the right to require
that translations be submitted within two months as of the date of the request. In the latter
case, the term for submission of translations cannot be extended.
(5) If a patent applicant requests earlier publication of a patent application on the
basis of subsection 24 (3) of the Patents Act, the applicant shall file the documents
certifying the priority claim with the Patent Office not later than one month prior to the
date of publication of the patent application requested by the applicant.
§ 65. Submission of document certifying deposit of biological material
(1) A document certifying the deposit of a biological material shall be filed together
with the patent application upon filing thereof with the Patent Office.
(2) If the certificate of a deposit has not arrived from the international depositary
authority by the filing date of a patent application, it is recommended to file it as soon as
possible. If the certificate of a deposit is not filed on own initiative, it shall be filed by the
due date set by the Patent Office pursuant to subsection 22 (7) of the Patents Act, but not
later than within sixteen months from the filing date of the patent application.
(3) If a patent applicant requests earlier publication of a patent application on the
basis of subsection 24 (3) of the Patents Act, the applicant shall file a document certifying
the deposit of a biological material with the Patent Office not later than one month prior
to the date of publication of the patent application requested by the applicant.
Chapter 6
Separation of Invention from Patent Application and Procedure for Filing of Separated
Patent Application
§ 66. Definition of separation of invention from patent application
(1) An invention shall be separated from the patent application in the following cases:
1) the patent applicant wishes to file an independent patent application concerning
an invention contained in the description of the invention or patent claims on own
initiative;
2) the Patent Office requires that an invention which violates the requirement of
unity contained in patent claims be separated on the basis of subsection 9 (3) of the
Patents Act.
(2) An invention shall be deemed to be separated from a patent application if the
patent applicant submits a new text of patent claims and, generally, a new description of
the invention (hereinafter remaining part) from which all parts concerning the invention
which is separated have been eliminated concerning a patent application which is being
processed (hereinafter initial patent application).
(3) The provisions of § 25 of the Patents Act concerning the correction or amendment
of a patent application apply with regard to the remaining part.
§ 67. Term of separation
(1) A patent applicant may separate an independent patent application from a patent
application on own initiative during the entire period when the initial patent application is
being processed, by filing the remaining part of the patent application with the Patent
Office as corrections and amendments in accordance with § 25 of the Patents Act and at
the same time notifying the Patent Office of the intention of filing of a separate patent
application.
(2) In event of violation of the unity of an invention, the patent applicant shall
separate the part which violates the unity of the invention from the initial patent
application and shall file the remaining part within the term set by the Patent Office on
the basis of subsection 9 (3) of the Patents Act.
§ 68. Term of filing of separated patent application
(1) The term of filing of a separated patent application shall be not later than six
months as of completion of the processing of the initial patent application continued on
the basis of the remaining part.
(2) On the basis of the provisions of subsection 9 (2) of the Patents Act, the beginning
of the term of six months for filing of a separated patent application is calculated as of
completion of the processing of the remaining part of the initial patent application as
follows:
1) in event of issue of a patent, as of the publication of the corresponding notice in
the Eesti Patendileht 4 ;
2) in event of rejection of the patent application, as of the date of the corresponding
decision of the Patent Office;
3) if a patent application is withdrawn or deemed to be withdrawn, as of the date on
which it is withdrawn or deemed to be withdrawn.
§ 69. Filing of separated patent applications
(1) All requirements established to patent applications by this Regulation and the
specifications established in this section shall apply to separated patent applications.
(2) For distinguishing of a separated patent application, the filing date of the initial
patent application and the number of the patent application shall be marked in data field 7
of the request for the grant of a patent, in pursuance of the provisions of subsection 18
(4).
(3) Nothing which does not correspond to the subject matter of the separated
invention set out in the initial patent application may be added to the separated patent
application, on the basis of subsection 9 (2) of the Patents Act. If a separated application
is not in compliance with the abovementioned requirements, the actual date of filing of
the separated patent application with the Patent Office shall be determined therefor
instead of the filing date of the initial patent application, as selected by the applicant, or
the provisions of subsection 25 (3) of the Patents Act apply.
(4) In event of a separated patent claim, the term of payment of the state fee for filing
a patent application provided for in subsection 20 (2) of the Patents Act shall be
calculated on the basis of the actual filing date of the separated patent application with
the Patent Office.
§ 70. Payment of state fee for year of validity upon filing of separated patent applications
(1) In event of a separated patent application, state fees for the years of validity shall
also be paid for all preceding years of validity within two months as of the actual filing
date of the separated patent application with the Patent Office in addition to the state fee
specified in subsection 69 (4) pursuant to the provisions of subsection 42 (10) of the
Patents Act.
(2) The filing date of the initial patent application shall be the basis for the calculation
of years of validity of a separated patent application. If the initial patent application is
based on an international application, the international filing date shall be the filing date
of the initial patent application.
(3) If, in the case of a year of validity the due date of payment for which has passed,
the term of six months for the payment of state fee together with a supplementary state
fee has not yet passed, the state fee for such year of validity may be paid without a
supplementary state fee within two months as of the actual filing date of a separated
patent application with the Patent Office. If a state fee for the year of validity is not paid
within the specified two months' period in the abovementioned case, it may be paid
together with a supplementary state fee until the end of the six months' period provided
for in subsection 42 (3) of the Patents Act.
Chapter 7
Implementing Provision
§ 71. Repeal of Regulation
Regulation No. 100 of the Minister of Economic Affairs and Communications of 11 June
2003 “Requirements for Format and Content of Patent Applications and Procedure for
Filing of Patent Applications” is repealed.
1 RTL = Riigi Teataja Lisa = Appendix to the State Gazette
2 RT = Riigi Teataja = State Gazette
3 Riigikogu = the parliament of Estonia
4 Eesti Patendileht = The Estonian Patent Gazette
Annex to Regulation No. 221 of the Minister of Economic Affairs and Communications
of 28 December 2004 “Requirements for Content and Format of Patent Applications and
Procedure for Filing of Patent Applications with Patent Office”
State Patent Office
Patents Department
Toompuiestee 7
15041 Tallinn
Tel. 627 7910
627 7925
Fax 627 7912
Request for Grant of Patent
To be submitted in a single copy
Hereby, grant of a patent in the Republic of Estonia is requested
To be completed by the Patent Office
(21) Patent application number:
(22) Filing date of patent application:
(30) Priority: Date: Country: Number of
application:
(43) Publication date of patent application:
To be completed by patent applicant
1. Patent applicant (given name and surname, or name, address, phone number,
country code):
(71)
2. Representative of patent applicant
(74) Joint representative (given
name and surname, or name):
Patent agent (given name and
surname, full name of the office,
address, phone number, registration
number):
3. Correspondence data (person’s given name and surname, title, postal address,
phone number, fax):
4. Author (given name and surname, address, country code):
(72)
Prohibition to disclose author’s name (completed at the request of author)
I, (given name and surname)
request that my name not be disclosed as the author.
Signature:
5. Patent applicant acquired the right to apply for patent as:
legal successor of author person pursuant to employment
contract person pursuant to contract, except employment contract
6. Name of invention (in Estonian and English):
(54)
7. Priority claim:
on the basis of application pursuant to Paris Convention or other
agreement
(32) Date: (33) Country: (31) Application number:
(62) on the basis of an earlier patent application, in case of a patent
application separated from the former (subsection 11 (4) of the Act)
on the basis of corrections and amendments to an earlier patent application
(subsection 11 (3) of the Act)
(66) on the basis of an earlier patent application (subsection 11 (5) of
the Act)
Date: Application number:
8. Information concerning payment of state fee:
fee for filing patent application _____ kr
supplementary fee in case of patent claims exceeding ten claims
_____ kr
Fee for issue of copies of patent documents of other printed material
referred to by the Patent Agent _____ kr
Total: _____kr
Method of payment: Payment document no.: Date:
Payer: patent applicant patent agent
9. Other information:
information concerning first application (subsection 21 (2) of the Act)
Date: Country: Application number:
(83) Data concerning deposit of biological material, including micro-
organism:
date of disclosure of information specified in subsection 8 (3) of the
Patents Act (23) and information;
10. Annexes:
Description of invention on __ page(s) in three original copies
Sequence listing on __ page(s) in three original copies
Patent claims on __ page(s) in three original copies, ____________ claims
Short summary of the abstract of subject matter of invention in Estonian
on __ page(s) in two original copies
Short summary of the abstract of subject matter of invention in English on
__ page(s) in two original copies
Drawings and other illustrative material on __ page(s) in three original
copies
Document certifying payment of state fee on __ page(s) in a single copy
Authorisation document on __ page(s) in a single copy
Documents certifying priority claim on __ page(s) in a single copy
Document certifying deposit of biological material, including micro-
organism, on __ page(s) in a single copy
Signature:
Place:
Date: