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Eurasian patent system

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Patents peculiarity is that they are valid only in the country of registration. Unlike objects of copyright, which are protected all over the world. Some countries make agreements among themselves to conduct and recognize patents jointly.

One example is the Eurasian Patent System. It covers 8 countries and suggests that in all of them it is possible to protect an invention by filing one patent application. It was created to preserve economic ties between independent states after the collapse of the USSR.

Its advantages:

  • One registration application is submitted to the responsible agency.
  • Registration under this system in several participating countries will be cheaper than registration under national applications. The benefit is felt if it is necessary to be patented in 2 CIS countries and more.
  • The conditions for patentability are the same as under the Patent Cooperation Treaty (PCT) and the European Patent Convention (EPC).
  • If one general patent did not work out, the application can be transformed into several national ones.

Obtaining a Eurasian patent

Inventions are protected on the basis of the EAPC, and industrial designs are protected on the basis of the protocol to it. Individuals and legal entities can be patented under this system. It is quite popular, 80 countries are users. At the same time, the participating states have preferences in the payment of registration fees.

Eurasian patent attorneys can represent the interests of foreign applicants who are not registered in any of the participating countries. They work by power of attorney from the client, which does not require notarization. Ukrainians will not be able to contact the responsible authority on their own.

The list of documents to be submitted is clearly regulated. It means:

  • statement;
  • a textual description of the invention;
  • the formula (it is it that determines the scope of legal protection);
  • abstract (summary of information about the object);
  • images, drawings and other materials, if needed.

The appeal date is considered the priority date. If the application has already been filed with another patent office (under the Paris Convention or the WTO), then this previous application will retain priority. But only on condition that the Eurasian one was filed within 12 months from the date of the previous filing.

Eurasian patent: countries

The member states signed the Eurasian Patent Convention (EAPC) in 1995. On its basis, the Eurasian Patent Organization was established with headquarters in Moscow. The EAPC implies the registration of a single patent, which is valid simultaneously on the territory of such jurisdictions: Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, RF, Tajikistan, Turkmenistan.

Previously, Moldova was a participant, then withdrew from the agreement. It was assumed that the Convention would also be ratified by Georgia and Ukraine, but the countries have chosen a different path of economic development. They can hardly be expected to join the EAPC.

Eurasian patent for an invention

According to the EAPC, inventions can relate to any field of science, technology and economics. The patent for them is issued for 20 years and can be extended in jurisdictions where this is provided by law. Unlike some other patenting systems, the title of protection will not be issued for a new plant variety and animal breed, the topology of integrated circuits and some other objects.

Eurasian patent system

Stages and features of patenting:

  • An application is drawn up and submitted (on paper or electronic document). It is possible in any language, but then you need to translate it into Russian, or immediately submit it in Russian. Permitted to be formalized on the basis of an international PCT application.
  • A single procedural fee is charged (immediately for filing an application, performing a search, publishing and other actions).
  • A formal examination is carried out – checking whether the documentation is correctly drawn up.
  • The responsible body conducts an international search in the Eurasian base and publishes it.
  • An examination fee is charged.
  • An examination is being carried out on the merits. You are given 6 months after the publication of the search in order to apply for it.
  • A general Eurasian patent is issued. For the first year, it operates in all EAPC countries.
  • Another fee is charged for the issuance of a title of protection.

Further, the applicant is given a year to choose the jurisdictions in the territory of which he will maintain the title of protection in force. That is, pay annual fees. From the moment of payment of the first annual state fee, the patent will be valid in the selected jurisdictions. We can say that the regional document is divided into several national ones. If a patent has expired due to non-payment of maintenance fees, it can be reinstated.

Eurasian patent cost

As usual, the cost of the procedure consists of payment for the services of a Eurasian attorney and state fees. The dimensions of the latter are given in the table.

Basic fees for the Eurasian application

ActionsState fee size, RUB.
Unified procedure for appeal28 000
+3700 for each claim over the 5th
+4000 for each claim over the 20th
+5000 for each claim over the 50th
Merits expertise30 000
+10 000…+20 000 for the 2nd and next independent paragraph (for a group of inventions)
Title  protection issuance18 000
RenewalIt differs in each country, from the 1st to the 20th year its size increases. For example, for RF it is
2 125…20250

Some features that relate to patenting costs:

  • Applicants from participating countries receive a 90% discount on state fees.
  • You can get a 25-40% discount on the application fee. To do this, it is necessary to attach to the documents an international search report made by Rospatent or another international body.
  • Non-resident individuals who belong to preferential categories can receive a 50% discount on state fees.
  • You can pay in one of three currencies: RUB, EUR, USD.

When contacting EPO, it is important to choose an attorney who works without intermediaries and translators (so as not to overpay). And he will also draw up the documentation correctly, give reasoned answers in case of objections, pay the actual duties without delay.

This is exactly how the specialists of the SION act. Despite the political and economic peculiarities and aspirations of Ukraine to the EU, our fellow citizens are issuing Eurasian patents. Especially if they want to advance to the CIS market.

Author:

Nataliia Riazanova

managing partner, patent attorney, PhD in law

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