by Order of the Eurasian Patent Office
of January 29, 2007, No 1
Part 1. General provisions
(1) For the purposes of this Statute on Eurasian patent attorneys (hereinafter "the 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;
"President of the Eurasian Office" - the highest official of the Organization in accordance with Article 2(4) of the Convention, as appointed pursuant to Article 3(3)(iii) of the Convention;
"National Office" - the national Patent Office of a Contracting State pursuant to Article 15(1)(ii) of the Convention;
"Eurasian patent attorney" - a person having the right to represent others before the Eurasian Office.
(2) This Statute regulates relations associated with the professional practice of Eurasian patent attorneys representing the interests of applicants and patent holders in the field of protection of rights to inventions before the Eurasian Office.
According to Article 15(12) of the Convention, any person having the right to practice before the national Office of a Contracting State in the field of protection of rights to inventions may be certified and registered by the Eurasian Office as a Eurasian patent attorney.
(3) A Eurasian patent attorney shall be in good command of the Russian language, have a knowledge of the Convention and other normative acts of the Organization, international treaties and agreements, as well as national laws of the Contracting State to the extent that they are necessary for the procedure in the Eurasian Office, and shall have good skills of using them in practice which shall be confirmed by the results of a qualification exam.
(4) The officials and employees of the Eurasian Office and national Offices may not be certified and registered as Eurasian patent attorneys.
(5) A Eurasian patent attorney shall have the right to represent any person who concluded with him a contract of agency or another contract of similar subject matter in accordance with the national law of a Contracting State.
The powers of a Eurasian patent attorney shall be confirmed by a power of attorney. A power of attorney for practice before the Eurasian Office shall be granted to the patent attorney by the principal in a simple written form and shall not require notarization.
A power of attorney shall be furnished together with the Eurasian application or within two months from the filing date of the Eurasian application.
(6) Any information which has been received by a Eurasian patent attorney from his principal in connection with fulfillment of his order shall be recognized as confidential, unless the principal expressly indicated otherwise or it expressly appears from his actions.
A Eurasian patent attorney shall not be entitled to accept an order in the cases where he, in respect of the issue being the subject of the order, represented or gave consultations to persons whose interests were in evident contradiction to the interests of the person who requested him to accept the case, or where he otherwise participated in the consideration of it, as well as in the case where the issue is going to be considered by an official being relation to the patent attorney.
(7) Any person, who has been registered as a patent attorney by the national Office of a Contracting State, may be registered by the Eurasian Office as a Eurasian patent attorney provided that the patent attorney files a request, passes a qualification exam, and pays the prescribed fee.
(8) A Eurasian patent attorney shall be registered in the Register of Eurasian Patent Attorneys (hereinafter "the Register").
(9) The Qualification Board and the Appeal Committee shall be established in the Eurasian Office for the purposes of certifying Eurasian patent attorneys.
The Qualification Board of the Eurasian Office (hereinafter "the Qualification Board") shall approve a program, examination tasks and the manner of conducting examinations as well as appoint examiners from among the composition of the Board and highly qualified experts not from among its composition, and organize examinations; it shall consider requests filed by the candidates of Eurasian patent attorneys, decide on their admittance to the examinations, consider the results of the examination and take decisions on certification of candidates of Eurasian patent attorneys, draw up minutes of the meetings and decisions based on the results of certification.
The Appeal Committee of the Eurasian Office (hereinafter "the Appeal Committee") shall consider appeals against decisions of the Qualification Board, exercise control over compliance by the Eurasian patent attorneys with the requirements posed before them and, within its competence, takes measures aimed at rectification of breaches identified.
The candidates of Eurasian patent attorneys and the Eurasian patent attorneys shall have the right to participate in person in meetings of the Appeal Committee where matters relating to their qualification or activities are considered.
Part 2. Certification of Eurasian patent attorneys
(1) The candidates of Eurasian patent attorneys shall file corresponding requests. The request shall be accompanied by a receipt confirming payment of the prescribed fee for certification and a copy of a document confirming his registration as a patent attorney by the national Office of a Contracting State.
The candidates of Eurasian patent attorneys who have filed the documents according to the requirements, shall be admitted to the qualification examination.
When appearing at the examination the incumbent shall present his passport or a document being the substitute of it.
(2) The candidates of patent attorneys shall be informed of the date and place of the qualification examination one month before at the latest.
Examinations shall be held at least twice a year. The period between the filing date of a request concerning certification shall not be less than one month.
(3) The Qualification Board shall take a decision on the positive or negative result of the qualification examination on the basis of marks put by the examiners.
(4) By a decision of the Qualification Board those candidates of Eurasian patent attorneys, who have successfully passed the qualification examination, shall be certified as Eurasian patent attorneys.
(5) The Qualification Board shall refuse certification to a candidate of the Eurasian patent attorney if:
(i) the requirements set out in clause 1(2), (3) and (4) of this statute have not been complied with;
(ii) the prescribed fee for certification has not been paid.
(6) A candidate of the Eurasian patent attorney, to whom certification has been refused on the basis of subparagraph (5)(i), may be once more admitted to certification not earlier than in six months.
(7) A refusal to certify, including a refusal to admit to a qualification examination, may be appealed to the Appeal Committee within three months from the date of receipt of the decision to refuse certification.
The Appeal Committee shall take its decision on the appeal within one month from its date of receipt.
If necessary the Appeal Committee shall request explanations from the candidate of the Eurasian patent attorney who received the refusal for certification and from the members of the Qualification Board.
Depending on the results of the appeal processing the Appeal Committee may:
i) agree with the decision of the Qualification Board;
ii) decide on the full or partial re-examination of the candidate by the Qualification Board with a differently constituted composition;
iii) certify the candidate as a Eurasian patent attorney.
The decision of the Appeal Committee shall be final.
(8) Decisions of the Qualification Board and the Appeal Committee shall be handed over to candidates of Eurasian patent attorneys. Copies of decisions shall be kept by the Eurasian Office.
Part 3. Registration of Eurasian patent attorneys
(1) A Eurasian patent attorney, who has passed certification, shall be registered on the basis of his request and the decision on the results of certification, as mentioned in clause 2(4) and 2 (7) (iii) of this Statute. The request concerning registration shall be filed within one year from the date when the final decision to certify him was taken. The request shall be accompanied by a receipt confirming payment of the prescribed fee.
If, for reasons beyond the control of a candidate of the Eurasian patent attorney, who has passed certification, the request for registration has not been filed by him within the prescribed time limit, it may be filed within two months thereafter subject to payment of the additional fee in the amount of 50 per cent of the registration fee provided for in clause 5(1) (ii) of this Statute.
If the request for registration has not been submitted within the said time limits, the decision on certification shall lose its effect.
(2) The Eurasian Office shall, within one month from the filing date of the request for registration, check the documents for their compliance with the requirements of this Statute, enter the necessary data into the Register and issue a certificate of the established pattern to the Eurasian patent attorney.
(3) The following data shall be entered into the Register:
(i) the registration number being the certificate number, and the date of registration by the Eurasian Office;
(ii) the number of registration and the date of registration by the national Office of a Contracting State;
(iii) the family name, the first name, the patronymic (if any) of the Eurasian patent attorney;
(iv) the place of permanent residence of the Eurasian patent attorney;
(v) the number and the date of the decision of the Qualification Board or the Appeal Committee.
(vi) the address for correspondence (within the territory of the Contracting States) as well as the telephone and fax numbers, e-mail address, web-site, if any, and the languages of correspondence;
vii) information on the grant or mailing of the certificate.
(4) The following data shall be entered into the Register in the process of maintaining it:
(i) amendments in and additions to the information on the Eurasian patent attorneys entered into the Register;
(ii) information on the measures taken, which were aimed at termination of breaches identified in the activities of Eurasian patent attorneys;
(iii) information on Eurasian patent attorneys deleted from the Register.
The Eurasian patent attorneys shall be obliged to inform the Eurasian Office, about any amendments in and additions to the their data entered into the Register within one month from the time of appearance of such amendments and additions.
(5) Information on the registration of a Eurasian patent attorney shall be published in the official publications of the Eurasian Office.
The form of the certificate and the composition of the data to be published shall be established by the President of the Eurasian Office.
(6) Any person shall have the right of access to the Register.
(7) The Eurasian Office shall organize the handing-over of the certificate to the Eurasian patent attorney in person, or that certificate shall be mailed to the Eurasian patent attorney by a registered mail.
(8) A Eurasian patent attorney shall enjoy the right to practice before the Eurasian Office as from the date of his registration in the Register.
(9) The Eurasian Office shall refuse registration where:
(i) the request has been filed by a person who has not passed certification;
(ii) the prescribed fee for registration has not been paid;
(iii) circumstances have arisen that prevent a Eurasian patent attorney from being registered in accordance with clause (4) of this Statute.
Part 4. Consideration of appeals and deletion of Eurasian patent attorneys from the Register
(1) Appeals of any persons in connection with improper execution by Eurasian patent attorneys of their professional duties shall be considered by the Appeal Committee. The Eurasian patent attorney shall be informed of the receipt of such an appeal.
(2) The following measures may be taken against a Eurasian patent attorney who has broken the requirements applied to him:
(i) a warning;
(ii) the requirement to pass qualification examination once again subject to deletion from the Register in the case where the result of such examination will be negative;
(iii) deletion from the Register.
(3) A Eurasian patent attorney shall be deleted from the register on the following basis:
(i) a request from the Eurasian patent attorney himself;
(ii) deletion from the Register of the patent attorneys practicing before the national Office of a Contracting State or due to the beginning of circumstances provided for in clause 1(4) of this Statute;
(iii) death of the Eurasian patent attorney;
(iv) a decision of the Appeal Committee in accordance with paragraphs (ii) and (iii) of clause 4(2) of this Statute;
(v) a decision of the Appeal Committee in a case where it has been identified that information or documents furnished by a Eurasian patent attorney to the Eurasian Office do not correspond to the reality, or where the requirements set out in the last paragraph of clause 3(4) of this Statute have not been fulfilled without valid reasons.
Information on the deletion of a Eurasian patent attorney from the Register shall be published by the Eurasian Office in the official publications with the indication of the reasons therefore.
In a case where a Eurasian patent attorney has been deleted from the Register on the basis of his request, re-registration may be effected without re-certification within five years from the date of deletion.
Part 5. Final provisions
(1) The fee for certification and registration shall be charged from the candidates of Eurasian patent attorneys. The money thus obtained shall be used for covering the expenses for certification and registration of Eurasian patent attorneys, publication of data on registrations and for control over meeting the prescribed requirements by the Eurasian patent attorneys.
The amount of the fee shall be:
(i) for certification– 12 000 Russian roubles;
(ii) for registration – 4 000 Russian roubles.
(2) The fees for certification and registration shall be payable in Russian roubles, US dollars, or Euros in amounts equivalent to the amount in Russian roubles at the exchange rate fixed by the Central Bank of the Russian Federationon the payment date.
(3) The registration fee paid by the person in respect of whom a decision to refuse registration has been taken shall be refunded in full at his request.