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1. A duplicate of a Eurasian patent shall be issued on request of the patent
holder (his representative), executed in a free form, in the event of loss or
defacement of the original. A duplicate of a Eurasian patent shall be issued in
one copy. As of the date of issue of the Eurasian patent duplicate, the
original shall be deemed invalid.
2. A request for the issue of a Eurasian patent duplicate, signed by the
patent holder (his representative), shall be submitted to the Eurasian Patent Office
(hereinafter – EAPO).
In cases of mandatory representation before the
EAPO by a Eurasian patent attorney, as provided under Article 15(12) of the Eurasian
Patent Convention, the request shall be filed
by a Eurasian patent attorney, whose authority shall be confirmed by a power of
attorney.
If the patent holder’s representative was not authorized to file the request
under the power of attorney, that was presented to the EAPO earlier during the
Eurasian application or Eurasian patent proceedings, a new power of attorney,
envisaging such authority, shall be attached to the request.
3. Tariff
payment shall be charged in accordance with the List of Paid Services, Provided
by the EAPO at the time of filing a request for the issue of a Eurasian patent
duplicate.
A
document shall be attached to the request, confirming the payment of the fixed
amount.
4. A Eurasian patent duplicate shall be issued within one month after the
filing date of the request with the EAPO, provided that all the above
conditions are met.
5. Information
about the issue of a Eurasian patent duplicate shall be entered into the
Eurasian Patents Register and published in the EAPO Bulletin.
6. A Eurasian patent duplicate shall be issued on a Eurasian patent form and
shall bear a “Duplicate” mark and date of issue.
7. In the event that the above conditions fail to be met, the EAPO shall send
to the patent holder (his representative) a notification on the need to present
the respective documents or information within two months from the sending
date.
In
the event that the requested documents or information fail to be presented in
due time, the request for the issue of a Eurasian patent duplicate shall not be
satisfied.
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