Eurasian patent system provides a uniform application procedure for physical and legal persons to protect their inventions on the basis of a single Eurasian patent valid in the territory of nine States party to the Eurasian Patent Convention (EAPC): Turkmenistan, Republic of Belarus, Republic of Tajikistan, Russian Federation, Republic of Kazakhstan, Republic of Azerbaijan, Kyrgyz Republic, Republic of Armenia. Eurasian patents are granted for inventions created in all fields of science, technology and economy.
To perform administrative tasks relating to functioning of the Eurasian patent system and grant of Eurasian patents, the Eurasian Patent Convention (EAPC) established the Eurasian Patent Organization with the Eurasian Patent Office (EAPO) acting as its executive body.
The Eurasian patent system is used by applicants from over 80 countries of the world.
Drawing up and Filing a Eurasian application
To obtain a Eurasian patent with validity in all the Convention's States party to the Convention ONE Eurasian application is filed.
Eurasian application can be filed in ANY language with further submission of translation into Russian.
Eurasian patent may be obtained on the basis of an INTERNATIONAL application filed under PCT procedure (абв).
Criteria of patentability under Eurasian legislation CORRESPOND to PCT Regulations, European Patent Convention (EPC) and to legislation of the world developed countries.
Eurasian application may be filed both in paper and in ELECTRONIC form.
EAPO may be a RECEIVING, a DESIGNATED and an ELECTED office under the PCT. Requirements as to preparation and content of a Eurasian application are similar to those of PCT, PLT, and EPC.
Eurasian application. Start of processing.
EAPO conducts patent search of the international type and substantive examination which prove RELIABILITY of the Eurasian patent.
The applicant may submit a request for substantive examination within a SIX-MONTH term from the date of publication of the search report.
At the request of the applicant:
Time limits for the grant of a Eurasian patent MAY BE EXTENDED; and ACCELERATED processing at all stages may be provided.
After the Grant
At this stage it is possible to:
CHOOSE EAPC Contracting parties where a Eurasian patent shall be maintained;
RESTORE rights in a Eurasian patent lapsed as a result of non-payment of a maintenance fee;
EXTEND term of validity of a Eurasian patent in respect of certain categories of inventions.
Important things to know before calculating patent costs
Applicants from the EAPC contacting states PAY 10% of all fees for legally relevant actions.
Filing fee is REDUCED by 25% if the application contains an international search report or a search report of the international type prepared by one of the international search authorities and by 40% if such reports were prepared by the Rospatent.
Costs for obtaining a Eurasian patent valid in several countries of the Eurasian region are LOWER than cumulative costs for obtaining national patents in those countries.
From publication of a Eurasian patent until payment of the first annual maintenance fee the patent holder has an exclusive right to his invention in ALL COUNTRIES of the region.
Payment of fees
Fees related to obtaining and maintenance of a Eurasian patent are payable to ONE office - EAPO.
Fees are paid from STAGE-TO-STAGE.