10 OCT 2017
The amendments and additions to the Patent Regulations under the Eurasian Patent Convention have entered into forceThe amendments and additions to the Patent Regulations under the Eurasian Patent Convention approved at the meeting of the Administrative Council of the Eurasian Patent Organization (EAPO) on September 6-7, 2017, entered into force on October 1, 2017.
The innovations are aimed at improving and simplifying the Eurasian patent granting procedure for applicants, patent holders and third parties. It will also facilitate the transition of the registration process to the digital procedure.
The list of basis amendments and additions as follows:
1. Filing comments by a third party after the publication of the Eurasian application regarding the patentability of the claimed invention.
- The application and the patent search report shall be in digital form.
- The procedure for filing and considering comments from third parties is established by the President of the Eurasian Office.
2. The legal regulation of the procedure for Registration of the Transfer of the Right to the Eurasian Application or the Eurasian Patent is unified, and a procedure for its cancellation has been introduced.
- For the cancellation of the Eurasian Application or a Patent, it is necessary to provide exhaustive list of grounds, which is regulated by legislation.
- The document confirming the Transfer of the Right to the Eurasian Application or the Eurasian Patent which is drawn up in a foreign language requires translation into Russian without legalization or notarization.
- The procedure for registration and cancellation of the transfer rights is established by the President of the Eurasian Office.
3. The entering in the Register of Eurasian Patents along with the particulars of license contracts on Eurasian patents registered by the national Offices of the Contracting States parties to the Eurasian Patent Convention, as well as information on other use contracts of Eurasian patents registered in these States.
4. The requirements for the contents of opposition notice to the grant of a Eurasian patent on the procedure for Administrative Revocation of the Eurasian Patent have been clarified.
- Types of decisions and the legal grounds for their acceptance have been detailed.
- Сlarified the procedure for examining the appeal, (including that the decision on the opposition, taken on the basis of the appeal, approved by the President of the Eurasian Office, is final).
5. There is no need to provide a POA to a Eurasian Patent Attorney during shortening the list of States in respect of which annual fees for maintaining the Eurasian Patent continue to be paid.
6. Some forms of publication the particulars of the grant of the Eurasian Patent and Eurasian application in connection with the transition to the electronic procedure have been changed.
- Publication of the particulars of the grant of a Eurasian Patent, containing the description the claims, the drawings and other materials, can be only in electronic form.