Approved by EAPO
Decree of April 9, 2009, ¹14

For purposes of the present Procedures on Appeals Against the Eurasian Patent Office’s Refusal to Grant a Eurasian Patent (hereinafter referred to as Procedures) the following terms shall mean:
Convention – Eurasian Patent Convention, signed on September 9, 1994, in Moscow, effected on August 12, 1995;
Eurasian Office – Eurasian Patent Office as per Article 2(3) of the Convention;
Patent Regulations – Patent Regulations to the Eurasian Patent Convention;
Eurasian Application- application for grant of a Eurasian patent under Rule 2 of the Patent Regulations;
Eurasian Patent – patent granted by the Eurasian Patent Office under Article 6 of the Convention;
Applicant – person who filed the Eurasian Application and is requesting a patent to be granted in his name;
Appeal – appeal against the decision of the Eurasian Office to refuse the grant of a Eurasian patent, filed in accordance with Article 15 (8) of the Convention.

1. Lodging of Appeals

1.1. In the event of disagreement with the refusal to grant a Eurasian patent, the applicant may lodge an appeal within three months from receipt of the Eurasian Office’s notice on its decision.
The time period for lodging appeals, stipulated in Article 15(8) of the Convention, shall not be extended.
1.2 The appeal may be executed in arbitrary form and shall be lodged in two copies.
1.3 The appeal shall relate to one Eurasian application and shall contain the following: number of the Eurasian application, the decision to which it refers; grounds for contesting the decision.
1.4 When lodging the appeal, the appellant shall present documented proof of the date of receipt of the Eurasian Office’s refusal to grant the Eurasian patent.
Where a representative is acting before the Eurasian Office, as per Article 15(12) of the Convention, the date, on which the applicant’s representative received the relevant decision, shall be indicated in the appeal.
1.5 Unless otherwise stipulated in the present Procedures, general requirements set to the documents of a Eurasian application shall apply to the presentation of the appeal, to the time period for presenting the Russian translation of the appeal, where it is lodged not in Russian, and to the manner of lodging the appeal with the Eurasian Office.
1.6 A fee shall be paid when lodging an appeal, as stipulated under Article 15(9) of the Convention.
A document, certifying the payment of the fee, shall be presented together with the appeal against the decision of the Eurasian Office to grant a Eurasian patent. If such document, confirming the payment of the fee, is not presented together with the appeal, the appeal shall be regarded as not having been lodged.
1.7 The right to lodge an appeal, which has lapsed through non-compliance with the relevant procedures, may be restored in accordance with Rule 39 of the Patent Regulations. A request to restore the right to lodge an appeal shall be submitted together with the appeal.

2. Acceptance of Appeal for Examination

2.1 When an appeal is lodged, the Eurasian Office shall check the following:
compliance with the time period, established for filing appeals;
a document, confirming the fee payment and correspondence of the fee amount to the required amount;
powers of the representative to lodge an appeal, if the appeal is lodged through a representative;
compliance with requirements, set to the content of an appeal.
2.2 If the appeal complies with all the established requirements, a notice on acceptance of the appeal for consideration shall be sent to the applicant (Annex 1).
2.3 If the appeal does not contain the grounds, on which the applicant is contesting the decision of the Eurasian Office to refuse the grant of a Eurasian patent, or if the appeal is lodged after the expiration of the established time period, it shall be regarded as not having been lodged and shall not be considered, and a respective notice shall be sent to the applicant (Annex 2).
2.4 If the appeal does not indicate the number of the Eurasian application, or if a document, certifying the payment of the fee is not attached to the appeal, the applicant shall be invited to provide the missing data and/or documents before the expiration of the time period for lodging appeals (Annex 3).
2.5 In the event of failure to provide, within the prescribed time period, the number of the Eurasian application or the document, certifying the payment of the fee, the appeal shall be regarded as not having been lodged and shall not be accepted for consideration, with a respective notice being sent to the applicant (Annex 4).
2.6  If the appeal is filed through a representative, but the power of attorney in the application dossier does not stipulate the authority to lodge appeals, or the appeal is lodged through a newly appointed representative, but the appropriate power of attorney is not attached to the appeal, the applicant shall be invited to provide a power of attorney, which will certify the respective authority, within the time period indicated in the notice of the Eurasian Office (Annex 3).
2.7 If the amount of the paid fee does not correspond to the required one, the applicant is invited to pay the lacking sum within the time period, indicated in the notice of the Eurasian Office (Annex 3).
2.8  In the event of failure to meet the requirements of the Eurasian Office under Par. 2.6 and 2.7 of the present Procedures within the specified time period, or failure to file a request to extend the time period in accordance with Rule 37 of the Patent Regulations, the appeal shall be regarded as not having been lodged and shall not be accepted for consideration, with a respective notice being sent to the applicant (Annex 4).
2.9 An appeal, which meets the established requirements, shall be examined within four months from the date of its receipt by the Eurasian Office. In cases, requiring so, the four month period may be extended on the decision of the President of the Eurasian Office.

3. Examination of the Appeal by a Board

3.1 In accordance with Article 15 (7) and (8) of the Convention, the appeal shall be examined as to substance and a decision shall be passed on it, on behalf of the Eurasian Office, by a board, composed of at least three examiners, who shall be staff members of the Eurasian Office and nationals of different Contracting States. The board shall include at least two examiners who did not participate in the earlier taking of the impugned decision.
3.2 The chairman of the board shall be appointed from among those members, who did not participate in the taking of the decision to refuse the grant of the Eurasian patent.
3.3 The composition of the board and the chairman of the board shall be appointed by the head of the Examination Department of the Eurasian Office. The member of the board, who was in charge of processing the appeal prior to its examination by the board, shall be appointed chairman of the board and shall have the right to act on behalf of the board, when corresponding with the applicant.

4. Session of the Board

4.1 The appeal shall be examined as to substance and a decision shall be passed on it at a session of the board.
4.2 Failure of the applicant and/or of his representative to appear at the session, having been notified of the date, shall not preclude the holding of the board session, or the taking of a decision on the appeal. In case of the applicant’s and/or his representative’s failure to attend, the board session may be postponed on the board’s own initiative, if it believes that the holding of the session in the applicant’s absence is inadvisable.
4.3 Based on a grounded request from the applicant, the board’s session may be postponed. In the event that the request is satisfied, the applicant shall be notified of the new date of the board’s session.
4.4 The board’s session may be postponed on the initiative of the Eurasian Office for reasons, precluding the holding of the session on the planned date. In such a case, the applicant shall be notified of the change of the date of the board’s session.
4.5 Minutes shall be kept during the board’s session, recording the following:
date of receipt of the impugned decision of the Eurasian Office stating the refusal to grant a Eurasian patent;
date of lodging the appeal with the Eurasian Office;
number of the Eurasian application;
date of the board’s session;
composition of the appeal examination board;
data on parties, attending the appeal proceedings.
The minutes shall be signed by the members of the board and by other persons, attending the board session. Upon the applicant’s request, a copy of the minutes may be sent to him within three days from the board session.
4.6 A decision on the appeal shall be taken by a simple majority of votes.
The operative part of the decision shall be announced at the closing of the board’s session.
The full text of the decision shall be sent to the applicant within one month from the date, on which the board takes the decision.

5. Types of Decisions in Appeals Proceedings

5.1 Based on the outcome of the board’s examination of an appeal, the following decisions may be passed:
to satisfy the appeal and revoke the decision to refuse the grant of a Eurasian patent (Annex 5);
to reject the appeal (Annex 6).
5.2 In the event that an appeal is satisfied, substantive examination of the application shall continue taking into account the content of the board’s decision.

6. The Applicant’s Rights During Appeals Proceedings

6.1 An applicant, who has lodged an appeal, shall have the right to:
participate in the proceedings on his appeal;
address the President of the Eurasian Office with a grounded complaint against the actions of the board during the proceedings on the appeal, or against the board’s decision;
withdraw the appeal prior to the board’s decision on it.
6.2 In the event of the appeal’s withdrawal, proceedings on it shall be terminated without any decision on the appeal being taken.

7. Revision of the Board’s Decision

7.1 A complaint, addressed to the President of the Eurasian Office, in respect of the actions of the board during the proceedings on an appeal against the board’s decision may be lodged by the applicant within four months from the date, on which the board’s decision is sent to him.
7.2 Based upon the results of the appeal’s consideration by the President of the Eurasian Office, a revision of the appeal may be appointed, if necessary, by a new composition of the board.
A resolution on rejection of the appeal, approved by the President of the Eurasian office, shall be final (Annex 7).


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