Rules for filing and examining oppositions against the grant of a Eurasian industrial design patent on the basis of administrative revocation

For non-official use only

Rules for filing and examining oppositions against the grant of a Eurasian industrial design patent on the basis of administrative revocation

Approved
by Order of the Eurasian Patent Office of December 22, 2022, № 76, with amendment and addenda made by Orders of the Eurasian Patent Office of May 14, 2024, № 31 and of December 24, 2024, № 78

Chapter 1. General Provisions

  1. The present Rules regulate the procedure for filing and examining oppositions against the grant of a Eurasian industrial design patent on the basis of administrative revocation pursuant to Rule 116 of the Patent Regulations under the Eurasian Patent Convention.
  2. For the purposes of the present Rules the following terms and definitions shall mean:

    Convention – the Eurasian Patent Convention signed on September 9, 1994, in Moscow;

    Protocol – the Protocol to the Eurasian Patent Convention on the Protection of Industrial Designs adopted on September 9, 2019 in Nur-Sultan;

    Contracting State – State party to the Protocol;

    Organization – Eurasian Patent Organization pursuant to Article 2(1) of the Convention and Article 2(1) of the Protocol;

    Eurasian Office – the Eurasian Patent Office as per Articles 2(3) and 4 of the Convention and Articles 19-21 of the Protocol;

    National Office – the national patent office of a Contracting State;

    Patent Regulations – the Patent Regulations to the Eurasian Patent Convention as per Article 3(3)(vii) of the Convention and Articles 19-21 of the Protocol;

    Statute on Fees – Statute on Fees of the Eurasian Patent Organization for Legally Significant and Other Actions Performed in Relation to Eurasian Design Applications and Eurasian Design Patents

    Notice of opposition – opposition against the invalidation of a Eurasian patent for an industrial design following an administrative revocation procedure as per Article 11(1) of the Protocol;

    Eurasian Patent – patent granted by the Eurasian Office under Article 15 of the Convention;

    Eurasian patent – Eurasian patent for an industrial design granted in accordance with Article 15 of the Protocol;

    Eurasian application – application for a Eurasian patent filed under Article 13 of the Protocol;

    Patent owner – entity holding the exclusive right to the patented industrial design under Article 9(2) of the Protocol;

    Representative – a person representing the applicant before the Eurasian Office in accordance with Article 16 of the Protocol;

    Eurasian patent attorney – a person registered by the Eurasian Office as a patent attorney in accordance with Article 16(1) of the Protocol;

    Appeal – an appeal against a decision adopted as a result of the opposition examination, submitted in accordance with Rule 116(7) of the Patent Regulations.

Chapter 2. Filing of a Notice of Opposition

  1. A notice of opposition may be filed by any person, including a national Office, if the national Office is entitled to file a notice of opposition under the law of the Contracting State concerned.
  2. Persons, not permanently residing or located in the territory of any Contracting States, shall file a notice of opposition via Eurasian patent attorneys.

    Persons, permanently residing or having a permanent seat in the territory of one of the Contracting States may file a notice of opposition and participate in the proceedings in their own capacity, or via Eurasian patent attorneys as well as other representatives, non-Eurasian patent attorneys.

  3. A notice of opposition may be filed within the period set out in Rule 116(2) of the Patent Regulations
  4. According to Rule 116(3) of the Patent Regulations, filing a notice of opposition requires payment of a fee in the amount specified in the first part of paragraph 18 of the Statute on Fees.

    National offices are exempt from fees for filing a notice of opposition according to paragraph 18 of the Statute on Fees.

  5. A notice of opposition shall be submitted in writing on paper, unless otherwise provided in the third part of this paragraph.

    A notice of opposition in writing on paper shall be submitted to the Eurasian Office directly or sent by mail.

    If the person filing the notice and/or his representative is a registered user of the electronic exchange system “EAPO-ONLINE”, the notice of opposition and the attached documents shall be submitted to the Eurasian Office electronically via the aforementioned system.

  6. The notice of opposition must relate to one Eurasian patent and contain:
    1. the number of the Eurasian patent, indicating the number and title of the industrial design (industrial designs) to which the opposition relates;
    2. information allowing the person filing the notice of opposition to be identified (surname, first name, patronymic (if any) and/or the name of the person filing the notice, address, two-letter code of their country of residence or, respectively, location);
    3. information about the representative of the person submitting the opposition, if one has been appointed;
    4. contact information of the person submitting the notice of opposition or his representative, if appointed (e.g., postal address, telephone number, email);
    5. the requirements of the person filing the opposition, indicating one or more grounds for invalidating the Eurasian patent as provided for in Rule 116(1) of the Patent Regulations, with a statement of the circumstances on which the person filing the opposition bases their claims and the evidence supporting those circumstances for each of them;
    6. List of documents attached to the opposition.
  7. According to Rule 116(1) of the Patent Regulations, an opposition may be filed if the person filing the opposition believes that:
    1. Industrial design does not meet the patentability requirements set out in Rule 78(1) of the Patent Regulations;
    2. Industrial design relates to the solutions or objects specified in Rule 78(6) of the Patent Regulations;
    3. The images of the industrial design attached to the decision to grant the Eurasian patent contain essential features of the industrial design that are not present in the images submitted on the date of filing the Eurasian application, or the said images lack essential features that were present in the images submitted on the date of filing the Eurasian application;
    4. Eurasian patent was granted in violation of the conditions provided for in Rules 111(5), 111(6), and 111(7) of the Patent Regulations.
  8. The notice of opposition shall be drafted in Russian. If the notice of opposition is drafted in another language, its translation into Russian must be submitted simultaneously with the opposition or within two months from the date of its receipt by the Eurasian Office.
  9. The notice of opposition shall not contain expressions or images that contradict public interests, the principles of humanity and morality, nor derogatory statements toward the author, patent owner, or the industrial design protected by the Eurasian patent or the corresponding product.
  10. The notice of opposition is signed by the person submitting the opposition or his representative.

    When the notice of opposition is filed on behalf of several individuals, it is signed by all the individuals or their common representative.

    If the notice of opposition is submitted by a legal entity or an organization equated to it, it shall be signed by its head or another person authorized to do so, indicating the position of the signatory.

    Signatures on the notice of opposition are deciphered with the surname and initials of the person who signed it. When a legal entity or an organization equated to it submits the notice of opposition in writing on paper, the signatures on the notice are certified by the seal of that legal entity (or organization equated to it), if the legal entity (or organization equated to it) has a seal in accordance with the legislation of the state of its location.

  11. The notice of opposition shall be accompanied by:
    1. A document confirming payment of the filing fee for the opposition, except in cases where the opposition is filed by the national Office;
    2. The documents (or copies thereof) cited by the opposition filer in support of their opposition claims, and their translation into Russian if they are drawn up in another language;
    3. A power of attorney confirming the authority of the representative of the person filing the notice of opposition, if the opposition is being filed through such a representative.

      The power of attorney shall be submitted in simple written form and does not require notarization. A power of attorney drawn up in another language shall be accompanied by its translation into Russian.

      The power of attorney shall be signed by the person submitting the notice of opposition, subject to the requirements of paragraph 12 of these Rules. A power of attorney issued on behalf of several persons, confirming the authority of a common representative, shall be signed by all of the said persons. The power of attorney shall specifically stipulate the representative’s right to sign the opposition, fully or partially waive the claims contained in the opposition, including filing a request to withdraw the opposition, as well as the right to transfer their representative powers to another (sub-delegation), and to appeal the decision on the opposition by filing an appeal. The power of attorney shall specify the date of its issue and its term of validity.

  12. The document referred to in subparagraph 13.1 of paragraph 13 of these Rules shall be submitted together with the opposition or within two months from the date of its receipt by the Eurasian Office.

    The documents referred to in subparagraphs 13.2 and 13.3 of paragraph 13 of these Rules, and their translation into Russian in cases where such documents are drawn up in another language, shall be submitted together with the opposition or within two months from the date of its receipt.

    In case of failure to submit the documents specified in subparagraph 13.2 of paragraph 13 of these Rules and/or their translation into Russian within the timeframe established in this paragraph, the Eurasian Office shall have the right not to take into account their content, as well as the circumstances and evidence based on these documents.

  13. If a notice of opposition is submitted to the Eurasian Office in writing on paper, the opposition and the documents attached thereto, with the exception of the power of attorney and its translation into Russian if the power of attorney is drawn up in another language, as well as the document confirming payment of the opposition fee, shall be submitted in two copies. The power of attorney, its translation into Russian if necessary, and the document confirming payment of the fee for filing an opposition shall be submitted in one copy.

Chapter 3. Verification of the Notice of Opposition to Compliance with Established Requirements

  1. The Eurasian Office shall examine the notice of opposition for compliance with the requirements set out in Chapter 2 of these Rules within one month from the date of its receipt.
  2. If the notice of opposition meets the requirements established in Chapter 2 of these Rules, the Eurasian Office shall accept it for consideration and notify the person who filed the notice of opposition accordingly.
  3. A notice of opposition shall be deemed not to have been filed if:
    1. The time limit for filing an opposition, as set out in Rule 116(2) of the Patent Regulations, has not been met;
    2. The document confirming payment of the opposition fee has not been submitted within the period specified in the first part of paragraph 14 of these Rules, or the fee has been paid in an amount less than that prescribed;
    3. The person filing the opposition did not specify the claims and/or the grounds for revocation of the Eurasian patent in accordance with Rule 116(1) of the Patent Regulations;
    4. The opposition is not filed in Russian, and its translation into Russian has not been submitted within two months from the date of receipt of the opposition by the Eurasian Office;
    5. The opposition is filed by a person who does not have a permanent residence or permanent place of business in the territory of any Contracting State, and this person has not appointed a Eurasian patent attorney in accordance with Article 16(1) of the Protocol within the period specified in the Eurasian Office’s notification;
    6. The notice of opposition is not signed by the person filing the opposition or his representative, if one has been appointed;
    7. The power of attorney and/or, if necessary, its translation into Russian is not submitted within the time limits specified in part two of paragraph 14 of these Rules.
  4. An opposition shall not be examined if:
    1. The person who filed the opposition cannot be identified.
    2. The opposition does not allow identifying the Eurasian patent or industrial design (industrial designs) to which the opposition relates;
    3. The opposition does not provide the circumstances and evidence that justify the opposition;
    4. Failure to comply with the requirements of Chapter 2 of these Rules for the presentation and filing of the opposition.
  5. Upon detection by the Eurasian Office of deficiencies specified in paragraphs 18 and 19 of these Rules that may be remedied, a notice shall be sent to the person who filed the opposition, or his representative, if appointed, with a proposal to submit the missing documents (information) or carry out other necessary actions to bring the opposition into compliance with the established requirements within the timeframe specified in the notice.
  6. Upon detection by the Eurasian Office of deficiencies specified in subparagraphs 18.1, 18.2, 18.4, 18.5, and 18.7 of paragraph 18 of these Rules that cannot be remedied due to the expiration of the time limit established by these Rules or specified in the relevant notification from the Eurasian Office, the notice of opposition shall be deemed not filed, and the Eurasian Office shall notify the person who filed the opposition, or his representative, if appointed.

    Upon detection by the Eurasian Office of deficiencies specified in paragraph 19 of these Rules that cannot be remedied due to the expiration of the time limit specified in the relevant notification from the Eurasian Office, the notice of opposition will not be accepted for consideration, and the Eurasian Office will notify the person who filed the opposition, or his representative, if appointed.

    The Eurasian Office shall not publish information about oppositions deemed not filed or accepted for consideration.

  7. If the fee for filing an opposition has been paid in an amount exceeding the amount established by the first part of paragraph 18 of the Statute on Fees, the Eurasian Office shall inform the person filing the opposition, or his representative, if appointed, in the notice of acceptance of the opposition for consideration.

    At the request of the person who paid the fee for filing an opposition, the overpaid amount shall be refunded to that person or credited toward payment of other fees provided for by the Statute on Fees, in accordance with Rule 108(6) of the Patent Regulations.

Chapter 4. Notifying the Patent Owner about the Opposition. The Response (Review) of the Patent Owner to the Opposition

  1. The Eurasian Office shall notify the patent owner of the opposition accepted for consideration within one month of the notice of opposition being accepted for consideration.

    Along with the notification mentioned in the first part of this paragraph, the Eurasian Office shall send the patent owner the opposition and the documents specified in subparagraph 13.2 of paragraph 13 of these Rules.

  2. The Eurasian Office publishes information on oppositions filed and decisions taken as a result of their consideration in the EAPO Gazette “Industrial Designs (Eurasian Applications and Eurasian Patents)” and also provides information on such decisions to the Register of Eurasian Industrial Designs Patents.
  3. The patent owner has the right to submit a response (review) to the received opposition within two months from the date of the notification specified in paragraph 23 of these Rules.
  4. Patent owners who are not permanently resident or domiciled in any Contracting State shall conduct opposition proceedings via Eurasian patent attorneys.

    Patent owners who are permanently resident or permanently located in the territory of a Contracting State are entitled to conduct opposition procedures either independently or via Eurasian patent attorneys or other representatives who are not Eurasian patent attorneys.

    The authority of the patent owner’s representative shall be confirmed by a power of attorney in accordance with the requirements established by subparagraph 13.3 of paragraph 13 of these Rules.

  5. The response (review) and accompanying documents shall be submitted in Russian or another language.

    If the response (review) and/or accompanying documents are submitted in another language, a translation into Russian shall be thereof attached.

  6. The response (review) shall include:
    1. The Eurasian patent number, specifying the number and title of the industrial design(s) to which the opposition relates;
    2. A reference to the opposition for which the response (review) is filed;
    3. The patent owner’s arguments against the requirements raised in the opposition for which the response (review) is filed.
  7. The response (review) shall be signed by the patent owner or his representative, if appointed, in accordance with the requirements established by paragraph 12 of these Rules.
  8. Copies of the documents referenced therein in support of the patent owner’s arguments shall be attached to the response (review).

    The documents referenced by the patent owner, and their translation into Russian, if submitted in another language and not submitted with the response (review), must be submitted within two months from the date of receipt of the response (review) by the Eurasian Office. If such documents fail to be submitted within the prescribed time limit, the Eurasian Office has the right to disregard the arguments based on these documents.

  9. A response (review) shall be submitted in writing on paper, unless otherwise provided in part three of this paragraph.

    A response (review) filed in writing on paper may be submitted to the Eurasian Office directly or sent by post.

    If the patent owner and/or his representative are registered users of the EAPO-ONLINE electronic exchange system, the response (review) and accompanying documents shall be submitted to the Eurasian Office electronically via the said system.

  10. If a response (review) is submitted to the Eurasian Office in writing on paper, the response (review) and accompanying documents shall be submitted in two copies.

Chapter 5. Consideration of the Opposition

  1. An opposition accepted for consideration is examined within the period established by Rule 116 of the Patent Regulations.
  2. The substantive examination of the opposition and the decision made on it on behalf of the Eurasian Office shall be carried out by a collegium consisting of at least three examiners of the Eurasian Office.

    The member-list of the collegium shall be appointed by the President of the Eurasian Office or another person authorized by him. If one of the members of the collegium is unable to participate in the review of the opposition, the member-list of the collegium may be changed. When a new collegium is appointed, the substantive examination of the opposition begins anew.

  3. The substantive examination of the opposition, which determines the validity of the claims made in the opposition, begins after the response (review) to the opposition is received, or, if no response (review) was submitted, after the deadline for responding has passed.
  4. The opposition proceeding shall be based on the grounds defined for invalidating the Eurasian patent, for which the corresponding justifications are provided.

    While opposition proceeding, the collegium independently does not collect additional evidence.

  5. The substantive examination of the opposition is concluded by a decision without a collegium meeting with the participation of the parties, unless the parties have requested such a meeting or the Eurasian Office does not consider it appropriate.
  6. The preparation and conduct of a collegium meeting with the invitation of the parties shall be carried out in accordance with the procedure provided for in Chapter 11 of these Rules.
  7. If a notice of opposition is submitted with the Eurasian Office on the grounds that the industrial design refers to one of the product appearances mentioned in subparagraphs (d) or (e) of Rule 78(6) of the Patent Regulations and infringes the rights of the person filing an opposition, the relevant dispute may be resolved through a mediation, according to the procedure established by the President of the Eurasian Office.

    The mediation procedure can be initiated by the person who filed the opposition, the patent owner, or proposed by the Eurasian Office before the Eurasian Office makes a decision on the opposition. The mediation procedure is conducted only with the consent of both the person who filed the opposition and the patent owner.

    Consent to the mediation procedure is formalized either as a single request for a mediation procedure, signed jointly by the person who filed the opposition and the patent owner, or as two requests, signed separately by each party to the dispute.

Chapter 6. Provision of Additional Evidence and Documents Following Submitting a Notice of Opposition

  1. The person who submitted the notice of opposition is entitled to provide additional evidence to support the arguments set forth in the opposition, along with supporting documents, after the notice of opposition has been submitted and before a decision is rendered.
  2. If the Eurasian Office refuses to consider additional evidence and documents, this shall be indicated in the opposition decision.

Chapter 7. Suspension of Opposition Proceeding. Resumption and Continuation of Opposition Proceedings

  1. The opposition proceedings may be suspended in the event of the death of the patent owner who is an individual, the recognition of such patent owner as incompetent, of limited legal capacity, or missing, or in the event of the reorganization of the patent owner, legal entity.

    After the transfer of the exclusive right to the industrial design to the new patent owner has been registered and/or a person authorized to continue the opposition proceedings on behalf of the patent owner has been appointed, if necessary, the Eurasian Office shall resume opposition proceedings at the request of the new patent owner and/or such person. The Eurasian Office shall notify the parties of the resumption of opposition proceedings on the date specified in the notification.

  2. Opposition proceedings may be suspended in the event of the death, incapacity, limited capacity, or disappearance of the representative of the patent owner or the person filing the notice of opposition.

    After the Eurasian Office receives a power of attorney from the patent owner or the person filing the notice of opposition to appoint a new representative and a request to resume opposition proceedings, the Eurasian Office shall resume opposition proceedings and notify the parties of their resumption as of the date specified in the notification.

    If, within three months from the date of suspension of opposition proceedings, the patent owner or the person filing the opposition fails to appoint a new representative, the Eurasian Office shall take one of the following decisions:

    to terminate opposition proceedings if the patent owner or the person filing the notice of opposition does not have a permanent residence or location in the territory of any Contracting State;

    on the resumption of opposition proceedings if the patent owner or the opponent has a permanent residence or location in the territory of a Contracting State.

    The Eurasian Office shall notify the patent owner and the opponent, or their representatives, if appointed, of the decision taken.

  3. In the case of death, incapacity, limited capacity or absence of a natural person filing a notice of opposition, and if the notice is filed by a legal person, then in the case of its reorganization, the Eurasian Office may initiate the continuation of the opposition proceedings without the involvement of the successor or, alternatively, the legal representative of such person, provided that at the stage of consideration of the opposition established, a decision to invalidate the Eurasian patent in whole or in part may follow.
  4. When a national Office receives a request from the Eurasian Office regarding the consideration of an opposition, the opposition proceeding shall be suspended for the period necessary for the national Office to respond.
  5. If a mediation proceedings, the Eurasian Office shall suspend consideration of the opposition for a period not exceeding six months.

    The opposition proceeding shall be resumed on the date it was suspended:

    if the opponent and the patent owner have not reached an agreement on the substance of the dispute, as set forth in a mediation agreement approved by the Eurasian Office;

    if the opponent, the patent owner, or the mediator apply during the suspended period if they believe that further efforts are unlikely to resolve the dispute between the opponent and the patent owner.

  6. From the day the opposition proceeding is suspended, the time restrictions set forth in these Rules (Procedure) shall be suspended. The suspended time limits shall begin up again when the opposition proceedings commence. The remaining time will be extended to two months if it is less than that.

Chapter 8. Decisions Based on Examination of Opposition

  1. The Eurasian Office may decide the following after examining an opposition:
    1. to satisfy the opposition;
    2. to satisfy the opposition partially;
    3. to refuse to satisfy the opposition.
  2. A simple majority of the collegium shall decide on an opposition. In case of a tie, the vote of the chairperson is decisive.
  3. If the opposition has not been appealed, the decision shall take effect on the territory of all Contracting States and become final when the appeal period has passed.
  4. A Eurasian patent or part thereof that is declared invalid by administrative revocation shall be deemed not to have entered into force in all Contracting States from the filing date of the Eurasian application.

Chapter 9. Filing and Consideration of an Appeal. Decisions Made as Part of the Appeal Review

  1. The decision on opposition may be appealed by an interested party by filing an appeal with the President of the Eurasian Office within four months from the date of sending this decision to that party.

    The other party in the opposition examination may be involved in the appeal examination procedure.

    An appeal shall be considered within six months from the date it is accepted for consideration by the Eurasian Office, unless otherwise provided in Rule 116 of the Patent Regulations.

  2. An appeal is deemed filed provided the Eurasian Office has received the fee stipulated in Rule 116(7) of the Patent Regulations, the amount of which is established by the second part of paragraph 18 of the Statute on Fees.

    The appeal must indicate the contested opposition decision, the number of the Eurasian patent (and, if necessary, other information allows identification of the person filing the appeal), as well as the part of the decision that requires cancelation or amendment.

    The appeal must state the grounds for revoking or amending the decision on the opposition, providing evidence to support the validity of each one.

  3. A patent owner’s successor may file an appeal and engage in the appeal proceeding only after appropriate registration of the transfer of right to the industrial design.

    The right to file an appeal and to participate in the appeal proceeding may be transferred to other persons in the order of general succession (inheritance, reorganization of a legal entity). In such a case, documents confirming the succession of rights shall be presented.

    Successors to persons who are involved in opposition proceedings, who do not permanently reside, nor have a permanent seat in any of the Contracting states, may file an appeal and engage in its examination procedure only through Eurasian patent attorneys.

  4. The appeal is examined and a decision on it is made on behalf of the Eurasian Office by a collegium including at least three officials of the Eurasian Office.

    The member-list of the collegium is appointed by the President of the Eurasian Office or another person authorized by him. During the appeal procedure, the member-list of the collegium may be changed by the President of the Eurasian Patent Office or another person authorized by him.

    551. In cases and in the manner established in paragraph 39 of these Rules, a mediation procedure may be conducted between the person who filed the notice of opposition and a patent owner when considering the appeal.

  5. Based on the results of the appeal review, the collegium may decide to:
  6. uphold the decision on the opposition and dismiss the appeal;
  7. revote the decision on the opposition in whole or in part, considering the opposition within the scope of the claims stated in the opposition and the evidence presented in the opposition.
  8. The decision on the appeal shall enter into force from the date of its approval by the President of the Eurasian Office and shall not be subject to appeal.

    The decision on the appeal is binding on the territory of all Contracting States.

  9. The requirements established by these Rules for oppositions shall apply to appeals, the procedure for their filing, acceptance for examination, and consideration, including when a collegium is held with the participation of the parties, the suspension of appeal consideration, the appeal proceedings except for the consequences of the termination of appeal proceedings provided for in paragraph 581 of these Rules, and the issuance of a decision based on its consideration, unless otherwise provided for in this Chapter.

    581. If the appeal proceedings are terminated due to the interested party failing to submit a request for the proceedings to be resumed or continued within the prescribed time limit, the decision on the opposition shall remain in force.

Chapter 10. Withdrawal of Opposition Proceedings

  1. An opposition may be withdrawn by the person filing the opposition before a decision is made. The Eurasian office shall notify the patent owner of the withdrawal of the notice of opposition and termination of the proceedings on it.
  2. The Eurasian Office may also decide to terminate opposition proceedings in the following cases:
    1. failure by the interested party to file a petition to resume or continue opposition proceedings within the prescribed time limit in the event of a suspension of the proceedings;
    2. approval by the Eurasian Office of a mediation agreement signed by the person filing the opposition and the patent owner.
  3. Due to the termination of opposition proceedings, the Eurasian patent remains valid.

Chapter 11. Procedure for Preparation and Holding of a Meeting of the Collegium with the Parties Invited

  1. A meeting of the opposition collegium with invitation of the parties shall be appointed by the Eurasian office if it considers it expedient, or on request of either of the parties.
  2. The purpose of the collegium meeting shall be to clarify issues, which were not fully clarified after examination of the documents presented by the parties or which require further discussions.
  3. The meeting of the collegium shall be held in person or using video conferencing facilities. The format of the meeting shall be determined by the Eurasian Office. The parties have the right to request participation in the collegium meeting in person or via video conferencing facilities.
  4. When the date of the collegium meeting is set, the parties are notified of the time and venue of the meeting, if the party (parties) participates in person.

    An attachment to this notification may list the issues, which the Eurasian office believes need to be discussed to reach a decision on the opposition. In this notification the Eurasian office may set a date by which the parties may submit written statements, remarks and proposals on the abovementioned issues, and which cannot be set earlier than one month from the date of sending the notification.

    Failure of any persons, involved in the opposition proceeding and informed of the time and venue of the collegium meeting, to appear before the meeting shall not preclude the holding of the meeting.

    The collegium may consider it impossible to examine an opposition due to the no-show of the persons involved in the opposition proceedings and may set the collegium meeting for another date.

  5. Given a reasoned request of either of the parties the collegium meeting may be postponed.

    The Eurasian Office will approve the request only if it can prove that there are serious circumstances preventing participation in the meeting on the date designated by the Eurasian Office. If the request is approved, the parties will be notified of the new date for the collegium meeting.

  6. The collegium meeting may be postponed by the Eurasian office if there are reasons precluding the holding of such meeting on the planned date. In such a case the parties shall be notified of the change of the date of the meeting.
  7. The Eurasian Office keeps a video recording during the collegium meeting. Video recording of the meeting by the parties is not permitted. A copy of the video recording shall not be provided to the parties.

    During the collegium meeting, the parties have the right to use personal computers or other storage media if necessary to better illustrate the arguments or evidence presented in the opposition or response.

  8. Following the collegium meeting, minutes is drawn up, which, along with the operative part of the decision, include:

    the Eurasian patent number, indicating the number and title of the industrial design(s) to which the opposition relates;

    the filing date of the opposition;

    the date and time of the collegium meeting, as well as the venue of the meeting if the party (parties) participated in person;

    the member-list of the collegium;

    information about the parties (last name, first name, patronymic (if any) and/or company name), as well as information about other persons who participated in the opposition proceeding;

    motions of the parties related to the opposition, as well as other materials, if necessary.

    The minutes shall be in writing and signed by the collegium members participated in the meeting.

  9. The collegium meeting shall end with the announcement of the operative part of the decision.
  10. At the request of the person filing the notice of opposition or the patent owner (or their representatives, if appointed), a copy of the minutes shall be sent to the relevant person within three working days of the date of receipt of the request.
  11. The reasoned decision rendered following the opposition proceeding shall be sent to the parties within one month of the date of the announcement of the operative part of the decision.

Chapter 12. Correspondence on Opposition

  1. Notifications from the Eurasian Office, unless otherwise provided in part two of this paragraph, shall be made in writing on paper and sent to the parties by mail.

    If a party and/or its representative is a registered user of the EAPO-ONLINE electronic exchange system, the notifications specified in part one of this paragraph shall be sent to him electronically through the said system.

  2. Petitions/requests and other statements of the parties in the opposition proceedings, unless otherwise provided in part two of this paragraph, shall be made in writing on paper and submitted to the Eurasian Office directly or sent by mail.

    If a party and/or its representative is a registered user of the EAPO-ONLINE electronic exchange system, petitions/requests or, accordingly, statements of such party shall be submitted to the Eurasian Office electronically through the said system.

Contact information
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+7 (495) 411-61-61
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+7 (495) 411-61-57
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Inquiries about procedural matters
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