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Eurasian Patent

  • General Information
  • Filing procedure
  • Remarks

 

The Eurasian Patent Convention entered into force on August 12, 1995, after ratification by four countries. The Convention allows the filing of one patent application in the Russian language with an automatic designation of all Member States.

The following nine States have so far ratified the convention: Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova (denunciation of the Convention with effect from April 26, 2012), the Federation of Russia, Tajikistan, Turkmenistan.

After the grant of a Eurasian Patent, the patentee shall indicate in which Member States he desires to maintain the patent. Fees are then due with respect to each Member State. As of January 1, 1996, it is possible to designate the Eurasian regional phase in a PCT application, (as for the EP-regional phase), the designation including all countries for which the Convention is in force at that point in time. The Eurasian Patent Office also accepts direct applications. The Office is located in Moscow where a complete examination is carried out, including grant and issuance of a single patent document. After-grant aspects (validity, infringement, etc.) are handled by the national authorities.

LEGAL BASIS

  • Eurasian Patent Convention of September 9, 1994.
  • Patent Regulations, in force since December 1, 1995, with further amendments.

FILING REQUIREMENTS

  • Specification and claims in triplicate, in English, German or French, for translating into Russian;
  • Abstract;
  • Power of Attorney, no legalization;
  • Drawings in triplicate (A4 format);
  • Marked-up version of the claims in Russian to illustrate amendments to the claims, if any, that were made during entry into regional phase as per Article 41 PCT Treaty;
  • Priority document(s), if any.

Where to file: The Eurasian patent application may be filed (a) at the Eurasian Patent Office; or (b) at a national Office of a Member State.
Official language: Russian. If specification and claims were filed in English, German or French a Russian translation may be filed within two months from the filing date.
Designation of the Contracting States: All Member States are automatically designated when filing. The choice of which States in which the patent should extend is made after the grant of the Eurasian Patent.

 

Duration and renewal: Duration is twenty years from the filing date. Annuities are payable each year following the grant of a Eurasian patent at the date corresponding to the filing date. The amount of the fees depends on the number of designated countries. The fees are paid through the Eurasian Patent Office in Moscow.
Effects of a granted patent: A Eurasian patent takes effect on the territory of all Contracting States from the date of its publication. The granted patent will be in force in those countries for which annual fees are paid.
Opposition: An opposition may be filed with the Eurasian Patent Office by any person within six months of the date of publication of mention of the grant of a Eurasian patent.

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If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov's Manual on Industrial Property®.

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