II. Safety net

Yes

The provision of the "safety net" from the earlier draft, which has not been substantially amended, has been introduced in the Implementation of the Convention on the Grant of European Patents and of Regulation (EU) No 1257/2012 of the European Parliament and of the Council Act by adding to §7 a new section 1² as follows:

(1²) If the European Patent Office refuses to register the unitary effect of a European patent, in which the Republic of Estonia is indicated as the designated state, in accordance with Regulation (EU) No. 1257/2012 of the European Parliament and of the Council, and the request for registration of unitary effect has been filed with the European Patent Office in a timely manner, the proprietor of the respective European patent has the rights provided for in this section. In such case the term provided for in subsection (1) of this section shall be calculated from the entry into force of the decision on refusal to grant unitary effect for a European patent. The decision, which has entered into force, on refusal to grant unitary effect for a European patent shall be submitted together with the translation of the patent specification.