VII. Conversion of European patent applications or patents into national patent applications

(1) Conversion into a patent application: deemed withdrawal pursuant to Art. 77(3) EPC or Art. 14(2) EPC

(2) Conversion into a utility model application:

(a) deemed withdrawal pursuant to Art. 77(3) EPC or Art. 14(2) EPC

(b) deemed withdrawal for any other reason, refusal or revocation of the patent

§ 11(1), (2) IA

(a) Filing of an Estonian translation accompa­nied by a request for conversion

(b) Payment of national filing fee (EUR 225 + EUR 13 for the 11th and each sub­sequent claim for patent application)

(c) Payment of national filing fee (EUR 105) for utility model application

§ 11(5), (6) IA
§§ 89(5), 99 FA
§§ 31 to 34 REP

Within 3 months of notification by the Estonian Patent Office of receipt of documents

§ 11(5) and (6) IA

The procedural steps referred to in section 2 must be taken by the appli­cant itself or autho­rised Estonian patent attorney whose name is entered in the State Register of Patent Attorneys as special­ising in the legal protection of inventions and layout designs of integrated circuits.

All subsequent procedural steps must be taken by an authorised Estonian patent attorney if the applicant has neither a residence nor his principal place of business in Estonia.

§ 15 IA
§ 13¹ PA
§ 31(1) REP

The European patent appli­cation may also be converted into a national application for a utility model (see Section 1)

The following information must be given in the request for conversion:

– European application or patent number

– European application date

– the title of the invention

– the applicant's or patentee's name and address

– kind of protection (patent and/or utility model)

– the representative's name and address for service, if applicable.

§ 31(3) REP

The 3-month period for filing the translation may, at the request of the applicant, be extended by 2 months.

§ 11(5) IA