Benefits of Eurasian Design Protection

The Eurasian design protection system, which came into effect in June 2021 and is an extension of the Eurasian Patent Convention signed in 1994, is still under development, making the procedure for obtaining legal protection for designs in Eurasia more flexible and favorable. The Eurasian design protection system remains one of the most discussed issues in the development of intellectual property rights in the Eurasian region.

The Eurasian design protection system is based on the Eurasian Economic Community Protocol on the Protection of Industrial Designs and is currently effective in seven countries: Russia, Belarus, Tajikistan, Armenia, Azerbaijan, Kyrgyzstan and Kazakhstan. This means that once a Eurasian design application is submitted and a Eurasian design patent is obtained, protection can be automatically obtained in the seven Eurasian countries without the need for any national validation procedures.

In view of this, the Eurasian design protection system is a very attractive tool for domestic applicants and foreign companies, which provides effective and reliable protection of design rights in various countries in the Eurasian region.

According to the annual report of the Eurasian Patent Office, the number of Eurasian design applications in 2022 doubled from 2021, reaching 233 applications for 639 designs. The applicants came from the United States, Germany, Finland, Turkey, Canada, Hungary and other countries.

The Eurasian design protection system is administered by the Eurasian Patent Organization (EAPO), an intergovernmental international organization with two executive bodies: the Administrative Council and the Eurasian Patent Office.

Advantages and features of the Eurasian design protection system:

• No loss of novelty: If a Eurasian design application is filed within 12 months from the date of the public disclosure, the patentability of the claimed solution will not be affected by the public disclosure of the design.
• Multiple designs: Up to 100 designs may be included in one Eurasian design application, provided that they all belong to the same class of the Locarno International Classification (except designs representing ornamentation).
• Partial design protection: A Eurasian design may be claimed for partial design protection, where the applicant may indicate by dotted lines or colors the elements or parts of the design for which protection is not sought.
• Opposition period: There is an opposition period after the publication of the Eurasian design application, and no delay in publication is allowed.
• Flexible procedures: The Eurasian design examination procedure includes formal examination and substantive examination. In terms of the novelty and originality required for substantive examination, the substantive examination requirements are relatively low.
• Average grant time: In the absence of opposition, the average grant time for a Eurasian design is approximately 4-6 months.
• Conversion of rights: If a Eurasian design patent is rejected, the applicant may convert the Eurasian application into a national design application in the respective member states.
• Duration of protection: A Eurasian design patent is valid for 5 years and may be extended for a further 5 years, up to a maximum period of 25 years, in all Member States where the patent is valid.
• Enforceability: Eurasian design patents will be enforceable as national patents in all member states.
• Temporary protection: All member states provide temporary legal protection for the requested design during the period from the publication of the design application to the publication of the Eurasian design patent.
• DAS Service: The Eurasian Patent Office has joined the World Intellectual Property Organization's Digital Search Service (DAS) since December 1, 2021, and electronically exchanges priority documents through DAS, which is very convenient for applicants.
• 3D model protection: From November 1, 2022, Eurasian designs will allow the submission of a 3D model of the design at the same time as the application materials.
• Electronic Certificate: From January 1, 2023, the Eurasian Design Patent Certificate will be issued only in electronic form, but applicants can still request a Eurasian Design Patent Certificate in written form without paying any fees.
• Substantive examination procedure: The list of examinations that examiners should conduct during substantive examination has been expanded. This will increase the value of Eurasian design patents.
• Invalidation proceedings: The time limit for filing an invalidation action against a Eurasian design patent is three years from the date of publication of the Eurasian design patent (calculated from the date of publication of the Eurasian design patent).