The Eurasian Patent Organization
RUS
ENG

Eurasian Patent Information System
European Patent Office
Procedures of the Eurasian Patent Office for Rendering Paid Services

1.     General

1.1 The list of services provided by the Eurasian Patent Office, as well as the amounts paid for them (tariffs) (hereinafter – the List), is presented in an attachment to the present Procedures.

1.2 The amounts paid for the services, stipulated in the List, are stated in US Dollars.

In accordance with rule 40(4) of the Patent Regulations to the Eurasian Patent Convention (hereinafter – Patent Regulations), settlements with the Eurasian Patent Office for the services provided shall be effected as follows:

-          in the Russian Federation - in Russian roubles converted at the rate of the Central Bank on the day of the payment;

-          outside the Russian Federation – in US Dollars.

Exemptions from fee payments, provided under rule 40(4) of the Patent Regulations and Par.1(5) of the Statute on Fees of the Eurasian Patent Organization (hereinafter – Statute on Fees), shall not apply to tariffs from the List.

1.3 Services, mentioned in the List, shall be provided upon a request of a concerned person. In certain cases, explicitly described in the List, services may be provided only to an applicant or patent holder (their representatives).

1.4 A document, certifying payment for a service, shall be attached to the request for a service.

If the amount of payment for a service depends on the actual volume of performed work and/or is related to costs for mailing the requested materials, The Eurasian Patent Office shall, when necessary, inform the person, who filed the request for the service, of the amount to be paid.

If no document, certifying payment for the service, is presented, or if the presented payment document shows that payment for the service was below the established tariff, the Eurasian Patent Office shall inform the person, who filed the request, thereon.

The Eurasian Patent Office shall start providing the service after presentation of a document, confirming the effected payment or additional payment of the balance amount to reach the required amount, provided that the payment, confirmed by this document, is charged to the account of the Eurasian Patent Office.

Payment for banking services and other related costs shall be the responsibility of the payer.

Requirements, set forth in Par.12 of the Statute on Fees, shall be applied to the payment confirming document and to the procedure of payments for services.

1.5 Full or partial repayment for a service shall happen on demand of the person, who filed the request for a service, or on the initiative of the Eurasian Patent Office, in cases when:

the above person rejects the service and informs so the Eurasian Office in an appropriate statement  prior to the date on which the service was to begin to be provided;

it is not possible to provide the service, as in cases stated in Par.1.6 of the Present Procedures;

the amount paid for the service exceeds the established tariff. In such a case the surplus amount shall be paid back and the person, who filed the request, shall be notified accordingly.

Upon the request of an applicant, patent holder, the unused amount may be allocated for the payment for other services, envisaged in the List, or of fees, stipulated in the Statute on Fees.

1.6 If, due to objective reasons (no technical possibility, sick leave of examiner, etc.), a certain service cannot be provided temporarily, the Eurasian Patent Office shall inform accordingly the person, who requested the relevant service.

1.7 If the request for a service contains a request that the Eurasian Patent Office send out prepared materials beyond the territories of the Contracting states, reimbursement of postal costs in accordance with current Russian tariffs for services, provided by federal postal organizations, shall be charged alongside with the tariffs, established by the Eurasian Patent Office.

2.     Procedures for rendering certain services

2.1 Accelerated examination of a Eurasian patent application as to form (item 1.3 of the List) shall begin on the date of filing with the Eurasian Patent Office of a relevant request, provided that the applicant submits all the documents (data) required to begin an examination as to form in accordance with rule 41(2) of the Patent Regulations. If by the date of filing a request for an accelerated examination as to form the applicant fails to present all documents (data), required under rule 41(2) of the Patent Regulations, the examination as to form shall begin on the date when the applicant submits all the necessary documents.

An accelerated formal examination of an international application, which moved to the regional phase in the Eurasian Patent Office, shall be performed in accordance with the above paragraph, provided there is a report on an international search in the materials of the application, as well as a report of the preliminary international examination, if it is conducted.

Within the time periods stated in item 1.3 of the List, the Eurasian Patent Office shall inform the applicant of:

the positive results of the examination as to form, if the application contains all the necessary documents, executed in accordance with the established requirements, and the subject matter of the invention does not fall under the list of subject matter recognized as unprotectable; or

of the need to present missing or corrected documents, if the application fails to contain all the necessary documents or they are not executed in the proper manner.

2.2 An accelerated publication of a Eurasian application shall be performed within not more than four months from the date of submission to the Eurasian Patent Office of a respective request from the applicant, provided that the unified procedural fee is paid. If , by the date of request submission to the Eurasian Patent Office, a document, confirming the payment of the unified procedural fee, fails to be submitted, the above time period shall be calculated from the date of submission to the Eurasian Patent Office of such document.

2.3 Accelerated substantive examination of a Eurasian application (item 1.5 of the List) shall begin from the date of submission to the Eurasian Patent Office of a request for such a service, and if the request is filed before the commencement of the substantive examination, from the date of dispatch to the applicant of a communication on the commencement of examination as to substance.

Within the time periods stated in item 1.5 of the List, the Eurasian Patent Office shall inform the applicant of:

the readiness to grant a Eurasian patent, if the claimed invention (group of inventions) meets patentability conditions, the specification and claims correspond to established requirements and the abstract and specification may be published as presented, or

the need to add, amend or clarify the application documents, to pay additional fees in cases, stipulated under rule 47 of the Patent Regulations.

2.4 Accelerated publication and grant of a Eurasian patent (item 1.6 of the List) shall be performed within not more than four months from the date of filing of the relevant request with the Eurasian Patent Office, provided that the applicant pays the fees under rule 51 of the Patent Regulations for the grant and publication of the Eurasian patent.  If , by the date of request filing, a document, confirming the payment of these fees, fails to be submitted, the above time period shall be calculated from the date of submission to the Eurasian Patent Office of such document.

2.5 A certified copy of a Eurasian application (item 1.7 of the List) for the purposes of claiming priority on its basis in accordance with the Paris Convention on protection of industrial property shall be issued only to the applicant or his successor (or their representative).

Under rule 61(4) of the Patent Regulations a certified copy of a Eurasian application may be issued to other persons, specified in a court enquiry.

If the original Eurasian application was filed not in Russian, then the certified copy, mentioned in subparagraph one of the present paragraph, shall be executed on the basis of the original documents and not of their translation into Russian.

2.6 The Eurasian Patent Office shall carry out the following search in the data bases of Eurasian patents and published Eurasian applications (item 2.6 of the List):

by specified key words;

by classes of the International Patent Classification system;

search for corresponding Eurasian patents;

by applicant’s (patent owner’s) name.

If several types of search need to be conducted to find the requested data, payment shall be effected for each type of performed search.

Search by name of a foreign applicant (patent owner) shall be conducted on the basis of the transliteration of such name, indicated in the respective request. In the event that the name of the same foreign applicant (patent owner) in his Eurasian applications (patents) is given in varying transliterations, the person, requesting the search, shall indicate all the transliteration versions of the name of this applicant (patent owner), known to him.

Annex
to  Procedures of rendering paid services by
the Eurasian Patent Office, approved by EAPO
order of  December 29, 2003, #17,
with amendments approved by EAPO order
of December 6, 2006, #28,
of September 19, 2008, #17 and
of December 9, 2009, #28

List of Paid Services Provided by the Eurasian Patent Office

(in force as of January 01, 2010)

##

Description

Tariffs in rubles

I. SERVICES RELATED TO THE PROCESSING OF EURASIAN APPLICATIONS AND GRANT OF EURASIAN PATENTS

1.1

Holding, on request of the applicant, of discussions or examiners’ meeting on a Eurasian application

  

talks for one hour

650

examiners’ meeting for one hour

3000

1.2

Issue to the applicant, within one work day after filing with EAPO of a respective request, of a communication on receipt of materials of a Eurasian application, with its registration and filing date.

650

1.3

Accelerated examination as to form  on request of the applicant

  

within five work days

3000

within ten work days

1500

1.4

Accelerated publication of a Eurasian application on request of the applicant

1500

1.5

Accelerated substantive examination on request of the applicant

  

within three months

3000

within two months

6500

within one month

10000

1.6

Accelerated grant of Eurasian patent and publication thereon on request of the applicant

1500

1.7

Preparation of a certified copy of a Eurasian application

  

a) within fifteen work days:

  

for one copy of an application up to 35 pages long

1000

for each subsequent copy of an application up to 35 pages long, provided that all the copies are made at the same time

300

b) within two work days:

  

for one copy of an application up to 35 pages long

1500

for each subsequent copy of an application up to 35 pages long, provided that all the copies are made at the same time

650

c) additionally for each page over 35 in each copy of the application

15

d) for one page of a certified copy of a certain application document

100

1.8

 Issue to applicant of copies of  documents from Eurasian application materials (per page) (except for reference materials)

15

1.9

Issue of a Eurasian patent duplicate

5000

1.10

Issue of a Eurasian patent copy

1500

1.11

 Preparation and dispatch of correspondence on a Eurasian application to more than one address on request of the applicant (per each extra address)

 650

II.  PATENT-INFORMATION SERVICES

2.1

Classification of patent documents according to the International Patent Classification (one document)

650

2.2

Issue of copies of materials of a published Eurasian application or Eurasian patent:

  

per one copy of application or patent materials on paper, up to 35 pages long

500

additionally for each subsequent page over 35 in each copy

10

for a machine-readable copy or copy sent by e-mail irrespective of volume

1000

fax transmission (per page)

30

2.3

Selection and issue of copies of reference materials upon request of third parties:

  

per one page of patent literature

70

per one page of non-patent literature

70

2.4

Written responses to inquiries on the proceedings, including determination of Eurasian patent number by Eurasian application number, payment of fees on Eurasian application and patents (one inquiry response)

150

2.5

Written responses to inquiries on the transfer of an international application to the regional phase or filing of a Eurasian application (one application)

150

2.6

Written responses to inquiries on Eurasian applications  filed by a specific  applicant or on Eurasian patents granted to a specific patent owner.

500

2.7

Provision through the internet of patent information services on the basis of  the Eurasian patent information system (EAPATIS) (on the basis of an agreement with EAPO) – per month

1500

2.8

Control and accounting of funds transferred to the EAPO in advance for performance of  each legally significant acts or provision of paid services (at the time of their performance)

100

2.9

Provision through the internet of patent information services on the basis of the Eurasian patent information system (EAPATIS) (on the basis of an agreement between EAPO and legal persons from non-Contracting States of EAPC) – per month

4500

2.10

Provision through the internet of patent information services on the basis of the Eurasian patent information system (EAPATIS) (on the basis of an agreement between EAPO and physical persons from non-Contracting States of EAPC) – per month

2500

III. CONSULTATIONS

3.1

Written consultations on execution of agreements on transfer of rights to a Eurasian application or a Eurasian patent

3000

3.2

Oral consultations on specific provisions of the Eurasian patent law (per one hour of consultations)

300

3.3

Written consultations in the form of interpretation of certain provisions of the Eurasian patent law, which require thorough clarification, including issues on the organizational structure of the Eurasian patent system, patentability conditions for inventions, procedures for patenting inventions in the EAPO, scope of protection granted by a Eurasian patent, liability for infringing a Eurasian patent, transfer of rights to a Eurasian application or patent.
Preparation of  the written consultation on each topic within:
two days after the customer’s request
ten days after the customer’s request
thirty  days after the customer’s request

 2500
1500
800

page top
hotline@eapo.org
© Copyright EAPO 1998-2010.