Patent Registration in all EurAsian countries throughout a single application
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, Republic of Armenia. Regional Patent System, established by the Eurasian Patent Convention. So if one decides to protect Intellectual Property in one, several or all countries of the former USSR, it is possible to apply for a legal protection in each of them, i.e. file the certain number of the national applications.
Filing requirements for Patent application in Eurasia (EAPO)
- Full name and address of the applicant(s);
- Full name and address of inventor(s);
- Invention specification including claims, description, abstract and drawings;
- Certified copy of priority document if convention priority is claimed (can be claimed and filed within three months from the application filing date);
- International publication, international search report, international preliminary examination report for entry of PCT application into national phase;
- Simply signed Power of Attorney (POA).
Eurasian application can be filed in ANY language with further submission of translation into Russian.
Eurasian Regional Patent Registration procedure
After completion of the filing procedure the application undergoes formal examination. The patent application is published after expiration of 18 months from the application filing date or priority date (if any). The request for substantial examination can be filed within 6 months from the application publication. On condition of payment of the Official Fee, the substantial examination is conducted. If the invention meets the requirements of protectability the grant decision is issued. Upon payment of the official registration fee the patent is issued.
The approximate timeframe of obtaining a patent is about 2-3 years.
Priority under the Paris Convention should be claimed within 12 months from the filing date of the initial application. If for reasons beyond the applicant's control the application can not be filed within the specified time limit, an extension for two months may be granted.
Time limit for entry of PCT application into regional phase is 31 months from the priority date.
Important aspects to know about the Regional system
- Eurasian patent may be obtained on the basis of an INTERNATIONAL application filed under PCT procedure.
- filing one application in one language, instead of filing the separate ones to the National Patent Offices
- one representative for all steps during the procedure
- one language that helps to reduce translation costs
- one examination procedure that enables to save time and money
- legal protection covering a large region with relative simplicity: unified legal protection of the invention in all Contracting States by obtaining one Eurasian Patent
- after granting of the Patent it must not be validated by national authorities
- simplified procedure of paying annual fees for every number of countries through the Eurasian Patent Office
- obtaining a strong Eurasia Patent since all Eurasian applications have to undergo substantive examination.
In Eurasia it is not necessary to designate the Contracting States when filing the Eurasian Patent Application.
The opportunity to designate the countries for the legal protection comes only when the Eurasian Patent is granted. If a patent owner does not pay a due annuity for a certain country, the patent becomes invalid on the territory of this country.
The following objects are not patentable as inventions in Eurasia:
-Scientific theories and mathematical methods
-Presentation of information
-Business organization and management methods
-Symbols, schedules and rules
-Methods of performing mental acts
-Computer programs and algorithms
-Topographies of integrated circuits
-Projects and plans for structures and buildings and for land development
-Solutions concerning solely the outward appearance of manufactured goods and aimed at satisfying aesthetic requirements.
In addition, Eurasian Patents cannot be granted for
-Plant or animal varieties
-Invention, the commercial use of which it is essential to prevent for the purposes of protecting public order or morality, including the protection of the life and health of people and animals or the protection of plants, or in order to prevent serious damage being caused to the environment.
-In that regard, such use may not be considered such, solely on the grounds that it is forbidden by the legislation of one or more Contracting States.
Remarks about the Registration process of EURASIA patents.
*The patent application is filed at the Eurasian Patent Organization (EAPO).
* The procedure of examination is quite common and consists of two stages: formal and substantive examination.
The application undergoes formal examination within 2 months from the filing date.
* The substantive examination is conducted provided that the results of the formal examination are positive.
Please note that substantive examination request has to be filed within 6 months from the date of publication of PCT Application or simultaneously with entering of PCT application into regional phase.
* The Eurasian Patent Application is published by the Eurasian Patent Office after the expiration of a 18 months period starting from the filing date or, if priority has been sought, from the date of priority. It may, however, be published earlier at the applicant's request upon payment of an additional fee.
* The invention, which is applied to the Eurasian Patent Office, obtained Provisional Protection for the period between the publication and grant of the Eurasian Patent.
* The Publication of the Eurasian Patent Application affords provisional legal protection within the scope of the published claims on the territory of all the Contracting States.
* If the invention meets the requirements of patentability, the Decision of the readiness to grant the Patent is issued. After payment of the registration fee the Final Decision to grant the Patent is issued within 2-4 months.
* Term for payment of the prescribed fee is 4 months from the date of issue of the Decision.
* The granted Eurasian Patent is valid on the territory of all Contracting States from the date of its publication, i.e. such a patent is equivalent to national patents in all of the Contracting States.
* No national validation in the Contracting states has to be initiated. The Patent Owner can limit the territory of legal protection for the invention by not paying the annuities in these countries.