Translation from Russian
For non-official use only
Adopted by the Administrative Council of the Eurasian Patent Organization (EAPO) at its second (1st ordinary) session on December 1, 1995,
with the amendments and additions adopted by the Administrative Council
of the EAPO at its sixth (4th ordinary) session on November 25-26, 1997,
eleventh (8th ordinary) session on October 15-19, 2001,
fourteenth (10th ordinary) session on November 17-21, 2003,
seventeenth (12th ordinary) session on November 14-18, 2005,
eighteenth (13th ordinary) on September 5-6, 2006,
confirmed by EAPO Order No 30 on December 20, 2006, and with amendments and additions approved by the EAPO Administrative Council at
its twenty third (17th ordinary) session on November 8-10, 2010,
twenty sixth (19th ordinary) session on November 20-22, 2012,
twenty eighth (21st ordinary) session on November 11-13, 2014, thirty second (23rd ordinary) session on November 1-3, 2016,
thirty-fourth (25th ordinary) session on October 22-23, 2018,
thirty-sixth (27th ordinary) session on September 10-11, 2020,
thirty-seventh (10th extraordinary) session on April 12, 2021,
fortieth (12th extraordinary) session on April 11-12, 2022.
1. General Provisions
(1) For the purposes of the present Statute the following definitions shall mean:
- “Convention” – the Eurasian Patent Convention done in Moscow on September 9, 1994 ;
- “Organization” – the Eurasian Patent Organization pursuant to Article 2(1) of the Convention;
- “Eurasian Office” – the Eurasian Patent Office pursuant to Article 2(3) of the Convention;
- “Contracting State” – a State party to the Convention;
- “Administrative Council” – the Administrative Council referred to in Article 2(3) of the Convention;
- “President of the Eurasian Office” – the chief executive of the Organization according to Article 2(4) of the Convention, appointed under Article 3(3)(iii) of the Convention;
- “national Office” – the national Patent Office of a Contracting State referred to in Article 15(1)(ii) of the Convention;
- “Patent Regulations” – the Patent Regulations under the Eurasian Patent Convention referred to in Article 14 of the Convention;
- “applicant” – the person filing a Eurasian application and who is deemed entitled to the grant of a Eurasian patent referred to in Article 7(2) of the Convention;
- “Eurasian application” – an application for the grant of Eurasian patent filed in accordance with Article 15(1) of the Convention or an international application filed in accordance with the Patent Cooperation Treaty and containing a designation of the Contracting States for the purposes of obtaining a Eurasian patent;
- “publication of a Eurasian application” – the publication provided for in Article 15(4) of the Convention;
- “patent owner” – a person having the exclusive right to the patented invention referred to in Article 9 of the Convention;
- “request” – the request for the grant of a Eurasian patent for invention;
- “Eurasian patent” – a patent granted by the Eurasian Office referred to in Article 15 of the Convention;
- “fee” – payment for the legally significant action of the Eurasian Office in respect to a Eurasian application or a Eurasian patent, as well as an annual fee for maintenance of a Eurasian patent in force;
- “unitary procedural fee” – the fee referred to in Article 15(2) of the Convention for filing, search, publication and other processing of the Eurasian application.
(2) This Statute establishes the amount of fees for the Organization’s legally significant and other actions in respect of Eurasian applications and Eurasian patents, the currency in which they are paid, as well as the procedure for their payment and return.
(3) All fees shall be paid to the Eurasian Office, unless specifically stipulated otherwise.
(4) The fees provided for in the Statute shall be prescribed in the currency of the Russian Federation (Russian Rubles). Fees for maintenance of a Eurasian patent in force in respect to each Contracting State (currency and amount) shall be stipulated by that State.
All accounts with the Eurasian Office concerning payment of fees shall be settled in Russian Rubles, US Dollars or Euros.
Fees shall be paid at the rates of the Central Bank of the Russian Federation fixed for the currency of payment against the currency of the fee to be paid on the date of payment. The date of payment shall be the date of the debiting of the amount from the payer´s account or the date of payment of the fee via a bank without opening an account.
(5) Applicants, patent owners and parties to the transfer of the right to a Eurasian application and a Eurasian patent, referred to in Rules 7, 13(5), 13(9) of Patent Regulations, granted a reduced tariff in accordance with Rule 40(4) of the Patent Regulations, shall pay fees in the following amounts:
(i) natural persons from the Contracting States – 10 per cent of the fees set out in paragraphs 2, 4, 5, 6, 7(1), 7(3), 8 and 11 of the Statute;
(ii) public scientific and educational organizations in the Contracting States – 30 per cent of the fees set out in paragraphs 2, 4, 5, 6, 7(1), 7(3), 8 and 11 of the Statute;
(iii) legal entities from the Contracting States (other than those referred to in sub-item (ii) of this sub-paragraph) – 90 per cent of the fees set out in paragraphs 2, 4, 5, 6, 7(1), 7(3), 8 and 11 of the Statute;
(iv) natural persons from States not party to the Convention – 50 per cent of the fees set out in paragraphs 2, 4, 5, 6, 7(1), 7(3), 8 and 11 of the Statute.
2. Filing a Eurasian Application
(1) The following fees for filing a Eurasian application shall be paid in accordance with Article 15(2) of the Convention:
(i) the unitary procedural fee for filing a Eurasian application – in the amount of 36,000 Rubles;
(ii) the fee for each claim in excess of the fifth in accordance with Rule 24(7) of the Patent Regulations, in the amount of 4,800 Rubles; in excess of the twentieth claim, in the amount of 5,200 Rubles; in excess of the fiftieth claim, in the amount of 6,500 Rubles;
(iii) the additional fee for late submission of a Russian translation of Eurasian application, in accordance with Rules 211(6) and 71(3) of the Patent Regulations, in the amount of 4,800 Rubles;
(iv) the additional fees for late submission of a document confirming payment of the unitary procedural fee within the time limits provided for in Rules 211(7), 34(5) and 71(3) of the Patent Regulations, and fees for each claim in excess of fifth, within the time limits provided for in Rule 24(7) of the Patent Regulations – fixed at 20 per cent of the amounts of the fees set out in sub-items (i) and (ii) of this sub-paragraph.
(v) the fee in the amount of 1,200 Rubles for late submission of a power of attorney in accordance with the third item of Rule 30(2) of the Patent Regulations.
In cases where the requirements specified in Rule 40(5) of the Patent Regulations are observed, the amount of the unitary procedural fee and of the fee prescribed in the third item of Rule 24(7) of the Patent Regulations shall be reduced by 25 per cent in respect of the inventions for which the patent search was carried out.
Where a Eurasian application contains a search report carried out by the Eurasian Office, the amount of the unitary procedural fee and of the fee prescribed in the third item of Rule 24(7) of the Patent Regulations shall be reduced by 40 per cent in respect of the inventions for which the patent search was carried out.
(2) Where a Eurasian application is filed with the national Office in accordance with Article 15(1)(ii) of the Convention, a fee shall be paid for checking the application for compliance with formal examination requirements and the transmittal, the amount, procedure and time limits for which shall be determined by the Contracting State.
(3) A fee in the amount of 20,000 Rubles is paid for restoration of the right of priority in accordance with Rule 6(1) of the Patent Regulations.
(4) When filing a request for publishing a Eurasian application prior to the time limit prescribed in Article 15(4) of the Convention, in accordance with Rule 44(3) of the Patent Regulations the applicant shall pay an additional fee in the amount of 2,000 Rubles.
(5) An additional fee for patent search, as provided for in Rule 42(3) of the Patent Regulations, shall be paid in the amount of 12,000 Rubles for each invention or each group of inventions.
[paragraph 2 as amended on April 11-12, 2022. Effective from July 1, 2022]
3. Functioning of the Eurasian Office as a Receiving Office, an International Searching Authority and an International Preliminary Examining Authority under the Patent Cooperation Treaty
(1) When filing an international application in accordance with Rules 63-65 of the Patent Regulations, the international filing fee, search fee and transmittal fee shall be paid as provided for in the Patent Cooperation Treaty.
The procedure, amounts and time limits for payment of the international filing fee and the search fee shall be determined by Rules 14-16 of the Regulations under the Patent Cooperation Treaty.
The transmittal fee in the amount of 2,000 Rubles shall be paid together with the international filing fee and search fee.
(2) The following fees for carrying out international search shall be paid in accordance with the first item of Rule 69(2) of the Patent Regulations:
- (i) in respect of an international application in Russian – in the amount of 9,000 Rubles;
- (ii) in respect of an international application in English – in the amount of 40,000 Rubles.
(3) The additional fee provided for in the second item of Rule 69(2) of the Patent Regulations shall be paid:
- (i) in respect of an international application in Russian – in the amount of 9,000 Rubles;
- (ii) in respect of an international application in English – in the amount of 40,000 Rubles.
(4) The following fees shall be paid for international preliminary examination under the first item of Rule 69(3) of the Patent Regulations:
- (i) in respect of an international application in Russian, for which an international search report has been established by the Eurasian Office – in the amount of 4,500 Rubles;
- (ii) in respect of an international application in Russian, for which an international search report has been established by another International Searching Authority – in the amount of 6,750 Rubles;
- (iii) in respect of an international application in English, for which an international search report has been established by the Eurasian Office – in the amount of 16,000 Rubles;
- (iv) in respect of an international application in English, for which an international search report has been established by another International Searching Authority – in the amount of 24,000 Rubles.
(5) The additional fee provided for in the second item of Rule 69(3) of the Patent Regulations shall be paid:
- (i) in respect of an international application in Russian, for which an international search report has been established by the Eurasian Office – in the amount of 5,000 Rubles;
- (ii) in respect of an international application in Russian, for which an international search report has been established by another International Searching Authority – in the amount of 6,000 Rubles;
- (iii) in respect of an international application in English, for which an international search report has been established by the Eurasian Office – in the amount of 19,500 Rubles;
- (iv) in respect of an international application in English, for which an international search report has been established by another International Searching Authority – in the amount of 23,500 Rubles.
(6) Fees for filing protests in accordance with Rule 69(4) of the Patent Regulations shall be paid in the amount of 3,500 Rubles.
(7) A fee in the amount of 4,000 Rubles shall be paid for the submission of a list of nucleotide and (or) amino acid sequences in accordance with Rule 69(5) of the Patent Regulations.
(8) The procedure and time limits for payment of fees, the amounts of which are established in subparagraphs (2) – (7) of thepresent paragraph, are determined by the Regulations under the Patent Cooperation Treaty.
[paragraph 3 as amended on April 11-12, 2022. Effective from July 1, 2022]
4. Substantive Examination of a Eurasian Application
(1) The following fees are paid for the substantive examination of a Eurasian application in accordance with Article 15(6) of the Convention:
- (i) in relation to one invention, in the amount of 40,000 Rubles;
- (ii) in relation to a group of inventions, in the amount of 40,000 Rubles, and in addition in the amount of 25,000 Rubles for second and 13,000 Rubles for each subsequent independent claim;
- (iii) the additional fee for filing a request in accordance with the second item of Rule 46(1) of the Patent Regulations – in the amount of 50 per cent of the fee prescribed in this sub-paragraph.
A document confirming payment of the fee shall be submitted together with a request to carry out the substantive examination of the Eurasian application.
Where a document confirming payment of the fee is not submitted, the request shall be considered not to have been filed.
Where the fees paid do not comply with the amounts specified in this paragraph, a document confirming payment of the balance in respect of these fees may be submitted within three months from the date of dispatch of the notification by the Eurasian Office about the need to make such payment, to the person submitted the said request.
Where a document confirming a payment of the balance in respect of the fees up to the amount set out in sub-item (ii) of this sub-paragraph is not submitted within the prescribed time limit, the examination of the Eurasian application for a group of inventions is carried out in relation to the invention that is selected by the applicant or, where such a selection is unavailable, is indicated first in the claims and for which a fee has been paid.
Where a document confirming payment of the additional fee in accordance with sub-item (iii) of this sub-paragraph has not been submitted within the prescribed time limits, the request shall be deemed not to have been submitted.
(2) When filing a request for conversion a Eurasian application into a national patent application in accordance with Article 16(1) of the Convention, a fee in the amount of 8,000 Rubles shall be paid.
A document confirming payment of the fee shall be submitted together with a request for conversion the Eurasian application.
Where a document confirming payment of the fee has not been submitted together with the request, the request shall be deemed not to have been submitted.
[paragraph 4 as amended on April 11-12, 2022. Effective from July 1, 2022]
5. Grant of a Eurasian Patent
(1) For the grant of a Eurasian patent in accordance with Article 15(10) of the Convention and its publication in accordance with Rule 51(1) of the Patent Regulations, a fee in the amount of 25,000 Rubles shall be paid.
(2) For the publication of a Eurasian patent, if the files to be published contain more than 35 sheets, including the claims, description, drawings and other elements, as well as the abstract, an additional publication fee in the amount of 250 Rubles shall be paid for the 36th and each subsequent sheet in accordance with Rule 50(4) of the Patent Regulations.
(3)An additional fee for late payment of a fee for the granting a Eurasian patent, prescribed in the fifth item of Rule 47(3) of the Patent Regulations, shall be paid in the amount of 4,800 Rubles.
[sub-paragraphs (1)-(3) as amended on April 11-12, 2022. Effective from July 1, 2022]
(4) For the grant of a Eurasian patent in accordance with Rule 7(2) of the Patent Regulations, the person recognized as the inventor or the patent owner shall pay the fees in the amount provided for in paragraphs5(1) and (2) of the Statute.
A document confirming payment of the fees shall be submitted together with a request for the grant of a Eurasian patent in his name.
Where a document confirming payment of the fee in the amount provided for in paragraph 5(1) of the Statute has not been submitted together with the request, the request shall be deemed not to have been submitted.
Where the additional publication fee has not been paid, or where the additional fee as paid does not correspond to the amount stipulated in paragraph 5(2) of the Statute, a document confirming payment of the fee or payment of the balance in respect thereof may be submitted within three months of the date of dispatch, by the Eurasian Office, to the person recognized as the inventor or the patent owner of notification of the need to pay such a fee or balance in respect of the fee.
Where a document confirming payment of the additional publication fee in the prescribed amount has not been submitted within the time limits indicated, the request shall be deemed not to have been submitted.
6. Additions, Clarifications, Corrections and Amendments
(1) When submitting additional documents containing the request for amendments and corrections to a Eurasian application, prior to the date of completion of the formal examination of the application, in accordance with Rule 49(2) of the Patent Regulations an additional fee in the amount of 4,800 Rubles shall be paid for each request for amendments and corrections.
A document confirming payment of the fee shall be submitted together with the request for amendments and corrections.
Where a document confirming payment of the fee in the prescribed amount has not been submitted together with the request for amendments and corrections, that request shall not be taken into account when examining the Eurasian application.
(2) When submitting additional documents together with the request for amendments and corrections to a Eurasian application, following the date of completion of the formal examination of the application, in accordance with Rule 49(2) of the Patent Regulations an additional fee in the amount of 10,000 Rubles shall be paid for each request for amendments and corrections.
A document confirming payment of the fee shall be submitted together with the documents containing amendments and corrections.
Where a document confirming payment of the fee in the prescribed amount has not been submitted together with the amendments indicated, such amendments shall not be taken into account.
(3) When making amendments and corrections to a Eurasian patent in accordance with the second item of paragraph (1) and paragraph (2) of Rule 57 of the Patent Regulations, a fee in the amount of 4,800 Rubles shall be paid for each amendment and correction.
A document confirming payment of the fee shall be submitted together with the request for corrections and amendments.
Where a document confirming payment of the fee has not been submitted together with the request, corrections and amendments to the Eurasian patent shall not be made.
(4) For publication of a new specification of the Eurasian patent, as amended following examination of opposition against the grant of a Eurasian patent, in accordance with Rule 53(9) of the Patent Regulations or upon the request of the patent owner on limitation of the Eurasian patent in accordance with the Rule 55(5) of the Patent Regulations, a fee in the amount of 8,300 Rubles shall be paid.
For publication of a new specification of the Eurasian patent, if the claims, description, drawings, abstract and other elements of the new specification contain more than 35 sheets, an additional fee in the amount of 250 Rubles shall be paid for the 36th and each subsequent sheet.
(5) When filing a request for the inclusion of additional claims, as well as the fee provided for in Rule 49(2) of the Patent Regulations a fee shall also be paid, in accordance with Rule 49(3) of the Patent Regulations, in the amount stipulated in sub-item (ii) of sub-paragraph (1) of paragraph (2) of the Statute for each claim in excess of the number for which the corresponding fee has already been paid.
When filing a request for the inclusion of additional independent claims missing on the date of completion of the formal examination of the Eurasian application, in accordance with Rule 49(3) of the Patent Regulations a fee in the amount of 25,000 Rubles shall be paid for including each new independent claim.
(6) When filing a request regarding changes to information contained in the request for the grant of a Eurasian patent in accordance with Rule 49(2) of the Patent Regulations, following the date on which the Eurasian application is received by the Eurasian Office, and also regarding a change in the representative of the applicant, patent owner or other interested person, a fee in the amount of 800 Rubles shall be paid in accordance with Rule 30(5) of the Patent Regulations, apart from in the cases provided for in paragraphs 6(1)-6(5) and 11 of the Statute.
(7) When filing a request for changing information in the Register of Eurasian Patents regarding the name or title of the patent owner, his place of residence or location in accordance with the first item of Rule 58(1) of the Patent Regulations, a fee in the amount of 2,300 Rubles shall be paid.
[paragraph 6 as amended on April 11-12, 2022. Effective from July 1, 2022]
7. Filing Appeals against Decisions Taken by the Eurasian Office
(1) When filing an appeal against the decision of the Eurasian Office in accordance with Rule 48(3) of the Patent Regulations, a fee in the amount of 25,000 Rubles shall be paid.
A document confirming payment of the appeal fee shall be submitted together with the appeal or before the expiration of the period for its filing prescribed under Rule 48(1) or 48(2) of the Patent Regulations.
(2) When filing an opposition against the grant of a Eurasian patent in accordance with Rule 53(5) of the Patent Regulations, a notice of revocation of the Eurasian patent term extension in accordance with Rule 16(7) of the Patent Regulations, a fee in the amount of 40,000 Rubles shall be paid.
A document confirming payment of the fee for filing a notice of opposition in accordance with Rule 53(1) of the Patent Regulations shall be submitted together with the notice of revocation or before the expiration of the period for its filing.
A document confirming payment of the fee for filing a notice of revocation in accordance with Rule 16(7) of the Patent Regulations shall be submitted with the revocation or within two months from the date of its filing.
(3) When filing an appeal against decision taken by the Eurasian Office in accordance with Rules 16(8) and 53(8) of the Patent Regulations, a fee in the amount of 60,000 Rubles shall be paid.
When filing a further appeal against decision taken by the Eurasian Office in accordance with Rule 48(5) of the Patent Regulations, a fee in the amount of 45,000 Rubles shall be paid.
A document confirming payment of the fee shall be submitted together with the appeal or before the prescribed time limit for its filing.
[sub-paragraphs (1)-(3) as amended on April 11-12, 2022. Effective from July 1, 2022]
(4) Where a document confirming payment of the fee for filing an opposition (appeal) is not submitted within the prescribed time limit, the opposition (appeal) shall be deemed not to have been submitted.
8. Extension of Missed Time Limits and Restoration of Rights
(1) For the extension of the time limit set by the Eurasian Office for performing the procedural action, the fee under Rule 37(2) of the Patent Regulations shall be paid:
(i) up to 12 month after the expiry of the time limit prescribed for submission of the requested additional documents – 1,300 Rubles for the first two months of the extension. The fee for each subsequent month of the extension increases by 1,300 Rubles in comparison to the preceding month;
(ii) more than 12 months after the expiry of indicated time limit, the fee for each subsequent month starting from thirteenth month of extension increases by 1,600 Rubles in comparison to the preceding month.
When filing a request for continuation of the prosecution, in accordance with Rule 37(3) of the Patent Regulations, a fee in the amount of 20,000 Rubles shall be paid.
A document confirming payment of the fee shall be submitted together with a request for extension the prescribed time limit or continuation of the prosecution.
Where a document confirming payment of the prescribed fee has not been submitted together with a request for extension the prescribed time limit or continuation of prosecution, the request shall not be taken into account.
(2) When filing a request for restoration of the right to a Eurasian application, which has lapsed as a result of the expiry of the time limit prescribed for performing the corresponding procedural action, a fee in the amount of 35,000 Rubles shall be paid in accordance with Rules 39(1) and 71(6) of the Patent Regulations.
When filing a request for the restoration of the right to a Eurasian patent, in accordance with Rule 39(2) of the Patent Regulations, a fee in the amount of 35,000 Rubles shall be paid, as prescribed by Rule 39(1) of the Patent Regulations.
A document confirming payment of the fee shall be submitted together with a request for the restoration of the right to a Eurasian application or Eurasian patent.
Where a document confirming payment of the fee has not been submitted together with the request for the restoration of the right, the request shall be deemed not to have been submitted, and the right relating to the Eurasian application or Eurasian patent shall not be restored.
[paragraph 8 as amended on April 11-12, 2022. Effective from July 1, 2022]
9. Consultation of Files
(1) When filing a request to provide copies of documents cited in the patent search report, as provided for in Rule 43(1) of the Patent Regulations, a fee in the amount of 800 Rubles shall be paid.
A document confirming payment of the fee shall be submitted together with said request.
Where the total number of sheets in the requested documents exceeds 20, a payment of 100 Rubles shall be made for each sheet in excess of 20. A document confirming the payment of the fee balance shall be submitted within three months of the date of dispatch, by the Eurasian Office, of notification of the need to make the payment.
Where a document confirming payment of the fee or balance in respect of the fee has not been submitted, the requested documents shall not be enclosed with the patent search report.
(2) For consultation of Eurasian application or Eurasian patent, a fee in the amount of 6,500 Rubles shall be paid to the Eurasian Office in accordance with Rule 61(2) of the Patent Regulations.
A document confirming payment of the fee shall be submitted together with a request for consultation of files of Eurasian application or Eurasian patent.
Where a document confirming payment of the fee has not been submitted together with the request, consultation of files shall not be permitted.
(3) For providing the information from the Register of Eurasian Patents, a fee in the amount of 1,000 Rubles shall be paid for each patent in accordance with Rule 58(1) of the Patent Regulations.
A document confirming payment of the fee shall be submitted together with a request for providing this information.
Where a document confirming payment of the fee has not been submitted together with the corresponding request, the information requested from the Register of Eurasian Patents shall not be provided.
(4) For providing the information on a Eurasian application, a fee in the amount of 1,000 Rubles shall be paid in accordance with Rule 14(2) of the Patent Regulations.
[paragraph 9 as amended on April 11-12, 2022. Effective from July 1, 2022]
10. Maintenance of a Eurasian Patent, Surrender, Limitation and Extension of Patent‘s Validity
(1) For the purposes of maintaining a Eurasian patent in accordance with Articles 17, 18(2) and (3) of the Convention, an annual fee shall be paid for such maintenance (hereinafter “annual fee”) in the amount equal to the sum of the fees for maintaining a Eurasian patent in the designated Contracting States for the corresponding year of validity of the Eurasian patent.
In accordance with the provision of Article 17 of the Convention, annual fees for the maintenance of a Eurasian patent shall be paid once the patent has been granted annually, prior to the beginning of the year calculated from the filing date of the Eurasian application, for which the annual fee is charged in accordance with the national legislation of the Contracting States.
Where a Eurasian patent is granted after the beginning of the year from which the national legislation of the Contracting States provides for the charging of annual fees, once the Eurasian patent has been granted at the time of the first annual fee payment, the annual fees for the previous years shall also be paid.
In cases where the time between the dates of the grant of a Eurasian patent and the first payment of annual maintenance fee in the designated Contracting States is less than two months, the fee indicated may be paid within two months after the date corresponding to the filing date of the Eurasian application.
Where the annual fee for any year of validity of a Eurasian patent, subject to the provisions of the previous item, is paid within the six-month grace period prescribed by Rule 40(7) of the Patent Regulations, the amount of this fee shall be increased by 50 percent. The fees for the previous years of validity of the patent shall be paid without such an increase upon first payment of the annual fee.
Where the unpaid annul fees for missed years of validity of a Eurasian patent is paid within the three-year time limit prescribed by Rule 39(2) of the Patent Regulations, the amount of the fee for the first missed year shall be increased by 50 percent. The fees for subsequent missed years shall be paid without such an increase.
Where the annual fee paid does not comply with the prescribed amount, the balance of this fee may be paid within three months from the date of dispatch by the Eurasian Office to the patent owner of notification on the need to make this payment.
Where the document confirming payment of annual fee in the prescribed amount has not been submitted, the patent shall be lapsed in accordance with Rule 56(1) of the Patent Regulations.
(2) When filing a request to surrender a Eurasian patent, a fee in the amount of 800 Rubles shall be paid in accordance with Rule 55(1) of the Patent Regulations.
When filing a request for the limitation of a Eurasian patent, in accordance with Rule 55(2) of the Patent Regulations, via the exclusion of one or of several claims, or via the exclusion from the claims of at least one of the alternative features, while maintaining the other or the others, a fee shall be paid in the amount of 6,500 Rubles.
A document confirming payment of the fee shall be submitted together with the request to surrender the Eurasian patent or a request to limit the Eurasian patent.
Where a document confirming payment of the fee has not been submitted together with the request, the request shall not be considered.
(3) When filing a request for the extension of the period of validity of a Eurasian patent under Rule 16(6) of the Patent Regulations a fee in the amount of 15,000 Rubles shall be paid.
The fees for maintaining the Eurasian patent, the validity of which has been extended, shall be paid within the time limits and according to the requirements prescribed in Rules 40(7) and 39 of thePatent Regulations as well as sub-paragraph (1) of this paragraph.
[sub-paragraphs (2) and (3) as amended on April 11-12, 2022. Effective from July 1, 2022]
11. Transfer of Right to a Eurasian Application or Eurasian Patent
(1) When filing a request to register the transfer of the right to a Eurasian application according to the procedure of succession in inheritance title or as the result of reorganization of a legal entity, a fee in the amount of 2,300 Rubles shall be paid in accordance with Rule 13(5) of the Patent Regulations or, when acquiring rights, in accordance with Rule 7(1) of the Patent Regulations.
When filing a request to register the transfer of the right to a Eurasian application by means of assignment of that right, a fee in the amount of 10,000 Rubles shall be paid in accordance with Rule 13(5) of the Patent Regulations.
(2) When filing a request to register the transfer of the right to a Eurasian patent according to the procedure of succession in inheritance title or as the result of reorganization of a legal entity, a fee in the amount of 5,000 Rubles shall be paid in accordance with Rule 13(5) of the Patent Regulations or, when acquiring rights, in accordance with Rule 7(2) of the Patent Regulations.
When filing a request to register the transfer of the right to a Eurasian patent by means of assignment of that right, a fee in the amount of 20,000 Rubles shall be paid in accordance with Rule 13(5) of the Patent Regulations.
(3) When filing a request to register a pledge of right to a Eurasian application or Eurasian patent, fees in the amounts of 5,000 and 10,000 Rubles respectively shall be paid in accordance with Rule 13(9) of the Patent Regulations.
[sub-paragraphs (1)-(3) as amended on April 11-12, 2022. Effective from July 1, 2022]
(4) A document confirming payment of the fee shall be submitted together with a request to carry out the above-mentioned procedures.
Where a document confirming payment of the fee in the prescribed amount has not been submitted together with the request, the above-mentioned procedures shall not be carried out.
12. Payment of fees
(1) The document confirming payment of a fee shall be an appropriate document (for example a copy of the payment order, a receipt issued by a bank or other credit institution), certified in the prescribed manner by the bank serving the Eurasian Office, or by a bank in a Contracting State which has correspondent relations with the bank serving the Eurasian Office.
(2) A document confirming payment of a fee shall be valid for submission to the Eurasian Office within three months of the payment date indicated therein.
(3) A document confirming payment of the fee shall relate to one Eurasian application or to one Eurasian patent and shall contain information which allows to identify the Eurasian application or the Eurasian patent (the registration number of the Eurasian application and/or the number of the Eurasian patent, and if the document is submitted before the registration of the Eurasian application – the title of the invention or the applicant’s file number, the international application number), as well as the title of the actions for which the fee was paid.
(4) In a case where the payment confirmed by the corresponding document does not reach the account of the Eurasian Office within two months of the payment date indicated therein, the applicant or patent owner shall be obliged, within three months of the date of dispatch of appropriate notification, by the Eurasian Office, to take the measures necessary for making the payment.
(5) A fee shall be considered to have been paid correctly, where the sum received by the Eurasian Office corresponds to the prescribed amount of the fee.
(6) The Eurasian Office publishes periodically in the Gazette of the Eurasian Office information concerning the bank serving it, the details of Office’s account.
13. Refund of fees
In accordance with Rule 40(9) of the Patent Regulations a fee may be refunded at the applicant´s request, if payment of that fee has been made in an amount exceeding that provided for in the Statute, or where the action for which the fee was paid, has not been performed.
The funds to be refunded may, at the request of the said person, be credited to the payment of other fees by that person or for payment for services by the Eurasian Office.