Global Patent GO: Eurasian Patents - Introduction to Eurasian Patent Applications

Submitted by admin on
来源：
页之码IP

Relaxed and fast Eurasian patent

The Eurasian Patent Convention, which was signed in 1994 and entered into force in 1995, was obviously an inevitable product of the disintegration of the Soviet Union. From the beginning of planning in 1991 to September 1994, the entire signing process of the Eurasian Patent Convention took only three years. The original contracting states were Turkmenistan, Belarus, Tajikistan, the Russian Federation, Azerbaijan, Kazakhstan, Armenia and Moldova, which later withdrew. During this period, Ukraine, which had close relations with Russia, only signed the treaty but did not join it in the end.

The Eurasian Patent Organization consists of two institutions. One is the Eurasian Patent Office, referred to as EAPO, which is headquartered in Moscow and is the executive body of the Eurasian Patent Organization, responsible for accepting, examining Eurasian patents and issuing patent certificates; the other is the Administrative Committee. The advantages of the Eurasian patent are very obvious. For example, the standard language of the submitted patent documents is Russian, and even if the contracting states are designated in the future, there is no need to translate them into other languages; submitting a patent application including the designated member states at the same time can obtain patent protection in the 8 member states; the annual fee payment after the patent is authorized is particularly simple. The patent owner only needs to pay the annual fee to the Eurasian Patent Office, which is deemed to be paid to all member states. There is no need to pay separately in each country, nor to pay the effectiveness fee in the member states, and there is no need to translate the specification into the languages of various countries.

The granting time of Eurasian patents is extremely fast, with an average granting time of half a year to one year, and the Chinese Patent Office also signed a Patent Examination Highway Agreement with the Eurasian Patent Office in 2018. The Eurasian Patent Office has even developed a mobile application for patent application inquiries. Patent applicants can check the status of patent applications through their mobile phones, receive official documents from EAPO in a timely manner, and submit replies or requests directly through the mobile application.

We can almost conclude that the purpose of the Eurasian Patent Union is to target European patents, which have the highest examination quality but long examination time and high cost. In 2023, the Eurasian Patent Office ushered in the highest number of patent applications in history. The number of invention patent applications increased by 7% over the same period, reaching 3,689 patent applications, and completed 3,787 patent authorizations in 2023, an increase of nearly 50% over the previous year, and design patent applications also increased by nearly 58%. Today, we will introduce you to the Eurasian patent application under the Eurasian Patent Organization.

Introduction to the Patent System of the Eurasian Patent Office

1. Types of patent protection:

  • Invention patent: up to 20 years from the filing date
  • Design patent: 5 years from the date of application, can be renewed at the request of the right holder, each time for 5 years, but the maximum period shall not exceed 25 years

2. Review Unit:

III. Application Methods:

  • Direct filing, Paris Convention, PCT national phase entry in Eurasia

IV. Submit your application

  • Patent :
    • Paris Convention route: 12 months from the earliest priority date, which can be extended to 14 months after the earliest priority date
    • PCT application enters national phase: within 31 months from the earliest priority date, with a grace period of 2 months
  • Design patent :
    • 6 months from the earliest priority date.

5. Submission Language:

  • The application must be in Russian, and other documents may be in Russian or any other language, but a Russian translation must be provided within 2 months from the filing date at the latest.

6. Patent Examination:

  • invention:
    • EAPO accepts both paper and electronic applications, and claims can be supplemented no later than 2 months from the date of application. The application fee must be paid at the same time as the new application, or it can be paid within 2 months from the date of application. EAPO will conduct a search immediately after completing the formal review of the patent application, and will publish the patent application and search report at the same time after 18 months. If there is a unity issue, the applicant will be required to pay the search fee no later than 2 months from the date of issuance of the search report. If the fee is not paid as required by EAPO, EAPO will only examine one set of exclusive rights. The applicant may request a substantive examination no later than 6 months from the receipt of the search report. If the deadline is exceeded, an additional fee can be paid within a 2-month grace period to request continued examination. For patent applications that pass the substantive examination, EAPO will issue a grant notice.
  • Design:
    • EAPO will first conduct a formal examination of the design patent application and will publish it electronically within one month after the preliminary examination. Anyone can file an objection to the published design patent application within two months from the date of publication. After completing the substantive examination, EAPO will issue a decision of rejection or authorization.

VII. Authorization and Maintenance:

  • Authorization: The applicant must pay the authorization fee within 4 months from the date of issuance of the authorization notice. If the deadline is exceeded, the applicant can pay additional fees within a 2-month grace period to continue to request authorization;
  • Annual fee: must be paid annually starting from the first year from the date of application. If overdue, it can be paid within a grace period of 6 months, but a 50% late payment fee will be charged.

Features of Eurasian Patent

  • The Eurasian patent application allows multiple applicants, and if one applicant refuses the Eurasian patent grant procedure, it does not prevent other applicants from still applying for the Eurasian patent application.
  • The Eurasian application documents include: request, description, claims, drawings or other documents necessary for understanding the subject matter of the invention. Even digital three-dimensional models can be submitted, but 3D models cannot be used as the basis for patent division.
  • EAPO accepts restoration of priority rights on both "unintentional" and "due care" grounds.
  • Currently, EAPO has signed PPH Examination Highway agreements with the Japan Patent Office (JPO), the European Patent Office (EPO), the Chinese Patent Office (CNIPA), the Korean Patent Office (KIPO), and the Finnish Patent Office (PRH).
  • The Eurasian patent authorization time is fast and the legal regulations are relatively loose.