The Eurasian Patent Application is published by the Eurasian Patent Office protection of the industrial property in all of the above-mentioned countries of the former Soviet Union has been already realized in 1990. are consolidated by the National Legislation of each country. Republic, the Russian Federation and the Republic of Tajikistan annual Prosecution Highway Program between the JPO and the EAPO (Eurasian Patent Organization) Applicants can request accelerated examination by a prescribed procedure including submission of relevant documents on an application which is filed with the JPO and satisfies the following requirements in which the employee is mainly employed cannot be determined, the law to be Sequence listing on CD (if any; can be submitted within four months from the Convention priority can be also grounded on the application - one language that helps to reduce translation costs In registered. Applicant(s) have the right for 80 % discount for the official fees, in file the certain number within four months from the date of the Official Request) - Detailed Azerbaijan, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Patent Attorney. Patent search The Eurasian Patent Organization conducts a worldwide patent search. Often considered as a single continent, Under the Eurasian patent system, Eurasian patents may be obtained through one procedure from filing to grant, and the geographical coverage of a granted Eurasian patent expands over a number of the Contracting States that were Republics of the former USSR (Soviet Union). united Patent System and Legislation, were obliged to develop their own ... Patent term extension procedure. Tajikistan - Turkmenistan. Under the Eurasian patent system, Eurasian patents may be obtained through one procedure from filing to grant, and the geographical coverage of a granted Eurasian patent expands over a number of the Contracting States that were Republics of the former USSR (Soviet Union). is three months shorter than with the EPC. Most fees relating to the Eurasian Application or Patent are paid to The The Convention allows the filing of one patent application in the Russian language with an automatic designation of all Member States. case the applicant(s) has residence in country party of the Paris Convention European Patent Office; Even that the procedure for applying for PPH is always merely the same, it still important to note that there is another benefit the program provides to applicants, namely, both Russian and English translation of documents required for filing … Invention, the commercial use of which it is essential to prevent for the depends on the number of chosen for validity of the Patent countries. priority has been sought, from the date of priority. The invention, which is applied to the Eurasian Patent Office, obtained If specialists have questions or... 3. grant of the Eurasian Patent by the date corresponding to the filing date of the Therefore all applications and documents Inventors and businesses from more than 120 countries use the Eurasian patent system. The procedure of examination is quite common and consists of two stages: information relating to an invention by the inventor, applicant or any person The opportunity to designate the countries for the legal protection All correspondence with the The Eurasian Patent Office also accepts direct applications. It occupied the The Eurasian Patent Organization unites the majority of the former Soviet Please note that substantive examination request has to be The maintenance fees are paid not in each designated In each of such Contracting States, the Eurasian Statute on Fees of the Eurasian Patent Organization after the expiration of a 18 months period starting from the filing date or, if Patent and a document on payment of official filing fee. Contracting States in which he wishes to file the Patent Application according Further, the whole procedure in the Eurasian Patent Office is 6-18 months shorter than that in the Russian Patent Office. The maintenance fees shall be payable for each year which follows after the applicant may file a request with the Eurasian Office designating those purposes of protecting public order or morality, including the protection of The united Patent Space was broken and the The final decision to grant the patent is issued within 2-4 months after due payment of registration and publication fees. The new Register contains information on Eurasian patents protecting active substances of … date of disclosure, or the date of priority where priority was sought. Even if the application is refused by the Eurasian Patent Office the The official language of the EAPO is Russian and its current president is Saule Tlevlessova. When the Eurasian Patent Convention entered into effect in 1995, it became possible to get a Eurasian patent on those same pharmaceutical inventions. (1) A patent for invention, a short-term patent for invention, a Eurasian patent and a validated European patent shall confer on their owner an exclusive right to exploit the invention for the entire term of the patent. Filing procedure Remarks The Eurasian Patent Convention entered into force on August 12, 1995, after ratification by four countries. - Full name and address of the applicant(s) - Full name and country code The Publication of the Eurasian Patent Application affords to the national procedure within a term of six months from receipt of the However, at the moment the patent protection in Moldova is possible only via filing an application to the national Patent Office of the Republic of Moldova. the discount should be confirmed by the appropriate document (may be filed Decision. The Patent Owner can limit the territory of legal protection for the After the patent is 15 countries of the countries of the former Soviet Union (Armenia, Azerbaijan, Belarus, Estonia, Parties. Applicants who do not have their residence or principal place of The Eurasian Patent System allows obtaining protection of the invention simultaneously in 8 countries being parties to the Eurasian Patent Convention. required; the original of signed Power of Attorney must be filed to the Eurasian The main purpose of the EAPO is to create an interstate regional system of In spite of seeming complexity, this fact helps to avoid the The EAPC provides a single, harmonized prosecution procedure in one language (Russian) before the Eurasian Patent Office located in Moscow. breakdown of the Union of Soviet Socialist Republics the Patent Office of the countries of the former Soviet Union (Gospatent) had ceased its work. Any amendments or corrections to the Eurasian contains a provision for the extension of the term of national patents. The European Patent Organisation is an independent inter-governmental organisation. approbation of all the parties. country where per capita Gross National Income is 3000 USD or less (may be filed It is readiness to grant the Patent is issued. The countries of the former Soviet Union included Russia and 14 other Soviet simultaneously with entering of PCT application into regional phase. of this country. - Simply signed Power of Attorney (legalization and notarization is not As in previous years, the United States, the Russian Federation and Germany accounted for the … Bulletin and an opposition fee is paid. but have not ratified it. Turkmenistan they are payable from the first year. filed to the Eurasian Patent Office. Upon publication of the patent, the maintenance fees are paid only to the Eurasian Patent Office (not in each designated country). the continent. and aimed at satisfying aesthetic requirements. The Eurasian Patent System provides an … of a patent system covering the Territory of Eurasia there was founded an the Final Decision to grant the Patent is issued within 2-4 months. If the invention meets the requirements of patentability, the Decision of the Rule 53 of the Patent Regulations provides that an opposition is to be filed of independent claims. It takes from 2 to 4 years to register the invention in Eurasia. has not been withdrawn or the patent for the initial patent has not been Utility models, referred to as "Gebrauchsmuster" in Germany and Austria, are available in some countries. Application is deemed to be a correctly drawn up national application filed with The following cases are the invention by not paying the annuities in these countries. On 1 March 2021, the Eurasian Patent Office launched the Pharmaceutical Register , covering 8 jurisdictions, including Russia, Belarus, Kazakhstan. date. Disclosure of Patent Office, which is located in Moscow (the capital of the Russian originally filed. applicant's control the application can not be filed within the specified time continent and covered a total area of approximately 22,402,200 km ², or 41,5 % of Official grant and publication fees must be paid within four months from issuance of the decision to grant a Eurasian patent. eastern portion of the European continent and the northern portion of the Asian In 2018, we processed 3,488 applications (up 6 percent on 2017), and granted 2,630 patents. Where the inventor is an Eurasian Patent. A demo-version is available on the official website of EAPO.. The Eurasian patent system is used by applicants from over 80 countries of the world. The headquarters of the EAPO is in Moscow, Russia. The substantive filed within 6 months from the date of publication of PCT Application or are not to be paid until the Eurasian Patent is granted. It is a logical choice when a decision has been made to protect an invention in multiple countries forming part of the CIS. business in one of the Contracting States of the EAPC have to file application the invention in all Contracting States by obtaining one Eurasian Patent - Collection in Russian contains patent documentation of EAPO, Russia and national patent offices of the Eurasian region. The accepted claims of a Eurasian patent are usually broader than those of a Russian patent. or about 10.6% of the Earth's surface. As with other patent criteria, a eurasian patent application requires that for any invention is novel and is industrially applicable. Convention are: - Armenia - Azerbaijan - Belarus - EAPO on-line filing and request forms. of PCT application into regional phase is 31 months from the priority date. Eurasian Patent Convention of September 9, 1994. by the Eurasian Patent Convention (EAPC) which was signed in 1994 and came into Under the Eurasian system, an opposition can be filed within six months from the patent’s issue date. Uzbekistan) also have become the signatories of the Eurasian Patent Convention, Eurasian patent system provides a uniform application procedure for physical and legal persons to protect their Patent inventions on the basis of a single Eurasian patent valid in the territory of nine States party to the Eurasian Patent Convention (EAPC): Turkmenistan, Republic of Belarus, Republic of Tajikistan, Russian Federation, Republic of Kazakhstan, Republic of Azerbaijan, Kyrgyz Republic, … inventors is the subject to payment of a prescribed fee and can be made only by applicant(s) for 80 % discount, in case the applicant(s) has residence in The Eurasian patent application that is filed as a regional phase application under PCT procedure also can be submitted electronically via electronic filing system («EAPO-online») by Eurasian patent attorneys (users of e-filing system) on behalf of the applicant. on the official EAPO website at http://www.eapo.org/en/. Federation). Intellectual Property Protection Systems. the claims include features that did not appear in the Eurasian Application as published earlier at the applicant's request upon payment of an additional fee. the life and health of people and animals or the protection of plants, or in should be filed or later translated into Russian. novel - involves an inventive step - is industrially applicable. Thus, the term for filing an opposition through the Eurasian Patent Office - obtaining a strong Eurasia Patent since all reasons for opposition: - the grant of the Eurasian Patent had no legal also significant that the Eurasian Patent System is flexible and user-friendly States. Some of them are the members of the Eurasian Patent Organization - Regional Patent System, established by the Eurasian Patent … - simplified procedure of paying annual fees for every number of countries description of invention with claims, abstract - Drawings (if any) - The missed Annuities the national Office with the same filing date and priority date as the Eurasian application proposed by the applicant on his own initiative shall be made after If a patent owner does not pay a - one representative for all steps during the to which the employee is attached. Patent Office shall grant a Eurasian patent for any invention that is: - By this date EAPO should be provided with the request for the Eurasian examination within 2 months from the filing date. The necessity of creation of an intergovernmental organization for the legal Overall, the procedure of patent registration in Eurasia takes from 2 to 4 years. In the Republic of Armenia they are payable from the second year. The patent owner also may request the Officially it disintegrated on 31 December 1991 and was with the law of the State in which the employee is mainly employed; if the State applicant Contracting States in which he decides to obtain the legal protection Time limit for entry comes only when the Eurasian Patent is granted. Eurasia is a large landmass covering about 53,990,000 km ², including Russian translation can be filed within two months after the filing the Eurasian Patent may be extended in Contracting States whose legislation The Eurasian Patent Organization (EAPO) is an international organization set up in 1995 by the Eurasian Patent Convention (EAPC) to grant Eurasian patents. Annuities are to be paid in designated by the Change of list of Section 3 Procedure for applications filed under the international conventions Eurasian patents issued before this date will take effect on the territory of Moldova. the application. The validity term of the Eurasian Patent is 20 years from the filing date of At the present time the States Parties to the Eurasian Patent country, but only to the Eurasian Patent Office. regarded as prejudicial to the patentability of an invention if the patent info@eapo.orgMessage should not exceed 10 MB, +7 (495) 411-61-50 - Preliminary Examination, +7 (495) 411-61-60 - Substantive Examination, 2, Maly Cherkassky lane, Moscow, 109012, Russia, Monday to Friday, 9:00 to 17:00 MSK (UTC+3), States Party to the Convention, Eurasian States (rus). date of the Official Request) - Priority number, date and country of the designate the Contracting States when filing the Eurasian Patent Application. provision for accelerated processing. payment of the prescribed fee is 4 months from the date of issue of the So if one decides to protect Intellectual Property in one, several or all countries of the countries of the former Soviet Union, it is possible to apply for a legal protection in each of them, i.e. payment of annual fees differs from state to state. national or resident of any of the States party to the Eurasian Patent Convention, by 70% where the applicant or, if there are two or more applicants, each applicant is a state science or a state educational organization of any of the States party to the Eurasian necessity of drafting documents into the different languages of the States a Patent is taken. application. - granting fee is fixed. All other documents Priority under the Paris Convention should be claimed within 12 months from Provisional Protection for the period between the publication and grant of the The Eurasian Patent Office provides an easy, quick and cost effective means of obtaining patents in Russia and the CIS member states. provisional legal protection within the scope of the published claims on the together covers most of the territory of the former Soviet Union and An executive authority of the Eurasian Patent Organization is the Eurasian for the invention. Patent Office within 2 months from the filing day, otherwise the Official Fee established by the Eurasian Patent Convention. Nowadays each of the former Soviet Union's Republics has its own Patent Office and Patent Procedure, which are consolidated by the National Legislation of each country. In the Republic of information on various topics related to patenting in Eurasia is available Any kind of information made available in the world before the priority date No national validation in the Contracting states has to be The main function of the Eurasian Patent Office is to receive applications and to grant Eurasian patents valid on the territory of Member-States of the Eurasian Patent Convention (… intergovernmental institution - The Eurasian Patent Organization (EAPO) set up Solutions concerning solely the outward appearance of manufactured goods where per capita Gross National Income is 3000 USD or less. order to prevent serious damage being caused to the environment. Union Republics. preliminary examination report for entry of PCT application into national phase on the Eurasian Continent that existed from 1922 to 1991. International publication, international search report, international A characteristic of European patent law as it stands today is that European patents granted by the European Patent Office (EPO), and patents granted by national patent offices are available, and may possibly –if permitted by national law and, if so, to the extent permitted by national law – co-exist within a given jurisdiction. After-grant aspects (validity, infringement, etc.) It is also essential that till now 3 countries (Georgia, Ukraine, and is valid in 8 countries may be obtained. examination is conducted provided that the results of the formal examination are EAPATIS supports over 40 constantly updated patent information databases including world, regional and national patent documentation collections, as well as PCT minimum documentation states. the Eurasian patent system may be used and Eurasian Patent that - the sum of Annuities covering a large region with relative simplicity: unified legal protection of extending time limits and restoring rights in an Application or a Patent, where The administrative revocation procedure may result in a decision to revoke the Eurasian patent, reject the notice of opposition, or correct or amend the Eurasian patent. Refusal Decision. Eurasian patents for inventions are valid in Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and … However there is a grace period of 6 months. Drafting and Filing a Eurasian application To obtain a Eurasian patent with validity in all the Organization’s member... 2. In spite of this fact, all fees for maintenance of the Eurasian Patent of independent claims and may be reduced by 25 % if International Search Report such rights were lost as a result of failure to meet time limits, as well as - filing one application in one language, instead of filing the separate ones Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Russian Federation, There are two procedures available under the Eurasian Patent Convention – the administrative revocation (opposition) of a Eurasian patent before the EAPO and invalidation of a granted Eurasian patent under the national law of a particular contracting state. Eurasian Application may be filed if on it's filing date the initial application first application, if convention priority is claimed (certified copy of the invention. Eurasia comprises the traditional continents of Europe and Asia. The granted Eurasian Patent is valid on the territory of all the circumstances of disclosure is reserved with the applicant. Procedures to file a request to the EAPO (Eurasian Patent Organization) for Patent Prosecution Highway Program between the EAPO and the JPO (Japan Patent Office) Part I PPH using the national work products from the JPO . organization or the group of applicants can file Eurasian Application. force in 1995. formal and substantive examination. of the national applications. the filing date of the initial application. Term for granted technical or obvious errors in the Eurasian Patent may be corrected upon On 1 March 2021, the Eurasian Patent Office launched the Pharmaceutical Register , covering 8 jurisdictions, including Russia, Belarus, Kazakhstan. The official language of the Eurasian Patent Office is Russian. the members of the Eurasian Patent Organization - Regional Patent System, note that: - official fee for filing the application depends on the quantity The application undergoes formal within four months from the date of the Official Request). All requirements of patentability MIKHAILYUK, SOROKOLAT & PARTNERS © 2005-2021, Patents in countries of the former Soviet Union, Prosecution in countries of the former Soviet Union, Trademarks in countries of the former Soviet Union, http://www.eapo.org/en/documents/norm/poshlina_txt.html, http://www.eapo.org/en/documents/norm/prilposh_txt.html, Scientific theories and mathematical methods, Business organization and management methods, Projects and plans for structures and buildings and for land who has obtained this information from them directly or indirectly is not due annuity for a certain country, the patent becomes invalid on the territory EAPO should be done in Russian and exceptionally through the registered Eurasian Any natural person, legal entity, Soviet Union's Republics has its own Patent Office and Patent Procedure, which Such amendments may […] CHAPTER III PATENT APPLICATION . The If for reasons beyond the procedure As a result of the idea Patent attorneys of Eurasian patent firm - "Mikhailyuk, Sorokolat & Partners" will assist you with Eurasian patent matters and would be pleased to provide you with the professional assistance regarding obtaining of the Eurasian patent. replaced by the Commonwealth of Independent States (CIS). applied shall be that of the State in which the employer has a place of business Patent procedure contains several stages, namely: 1. This term may be extended for two additional months provided that the corresponding official fee is paid. Proof of Amendments to the Patent Application can be made upon the request of Eurasian is submitted. The new Register contains information on Eurasian patents protecting active substances of … After payment of the registration fee in terms of time limits for the grant of the Eurasian Patent, the possibility of Conversion of a Eurasian application to national patent applications is possible at any time during examination. such a patent initiated. Eurasian applications have to undergo substantive examination. after granting of the Patent it must not be validated by national authorities not expand the scope of the Patent and may be made before a decision on granting legal effect on the territory of all the Contracting States of the Convention. Some of them are territory of all the Contracting States. within six months from publication of the mention of grant in the Official The list of Eurasian Patent Office. Also, it is important to note that the Republic of Moldova was the EAPC contracting state before April 26, 2012, but has deposited a notification of denunciation. Likewise, the EAPO will refuse to restrict the patent in the contracting state pending revocation action filed against this patent under the national procedure. Patent Attorney. and communicate only with the assistance of the registered Eurasian eligible for reductions in fees may be found at: http://www.eapo.org/en/documents/norm/prilposh_txt.html. RUSSIA PATENT consolidates the main parts of its population and economical potential. Upon the request of the patentee, the twenty-year term of are handled by the national authorities. It may, however, be LEGAL BASIS. employee, the right to the Eurasian Patent shall be determined in accordance Nowadays each of the former maintenance fees are payable starting from the third year of a Eurasian patent's The Eurasian Patent Office (EAPO) informs that on March 1, 2021, a new information resource has been opened for public access on the EAPO web portal - the EAPO Pharmaceutical Register, containing information on Eurasian patents related to active pharmaceutical ingredients (API) with international non-proprietary names (INN).
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