1 Basis for conversion

Deemed withdrawal pursuant to Art. 77(5) EPC

Deemed withdrawal pursuant to Art. 90(3) EPC

§ 11(1) IA

2 Procedural steps to be taken

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

(b) Payment of national filing fee (EEK 3 500 + EEK 200 for the 11th and each subsequent claim for patent application)

§ 11(5), (6) IA

§§ 137(2), 144(4) FA

§§ 31 to 34 REP

3 Time limit for taking procedural steps referred to in column 2

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

§ 11(5) and (6) IA

4 Must a national professional representative be appointed?

The procedural steps referred to in column 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

§ 20(3) PA

§ 31(1) REP

5 Special features

In the cases indicated in column 1 and in all cases referred to in Art. 135(1)(b) the European patent application may also be converted into a national application for a utility model, subject to payment of the national filing fee (EEK 1 600), except where under Estonian law the invention may not be protected as a utility model.

§ 11(1) to (3) IA

§ 144(4) FA

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 two months.

§ 11(5) IA