Eurasian patent provides only invention protection. It is valid for 20 years on the territory of the Eurasian Patent Convention members (Republic of Belarus, Turkmenistan, Tajikistan, the Russian Federation, Kazakhstan, Azerbaijan, Kyrgyz Republic, Republic of Armenia. Noticeably that the Republic of Moldova denounced the Eurasian Patent Convention on 26 April 2012, but it recognizes Eurasian patents issued prior to this date).
Generally, Eurasian patent simplifies and reduces procedure costs for obtaining a patent. Eurasian patent provides one application and one examination. As well applicant is paying only one fee and receiving equal protection in all countries participating in the convention.
The procedure for obtaining a Eurasian patent involves several phases:
1) Filing an application. Eurasian application shall be in Russian (or any other language with translation) and shall include:
- request for granting Eurasian patent;
- description of the Invention (the title of the invention, a specification of the technical field to which the invention relates, indication of the background art);
- a list of the figures in the drawings and other material (in case they are necessary for the understanding of the invention);
The application shall be accompanied by a document confirming payment of the unitary procedural fee.
For applicants from countries that are not Convention parties, the Eurasian application is filed directly in the Eurasian Office.
2) Formal examination
During formal examination, all documents and the validity of the priority claim should be verified. The formal examination of the Eurasian application shall be held within two months from the date of its receipt by the Eurasian Office. In the case of a positive result of the formal examination, a patent search is carried out.
3) Publication of application
The Eurasian application shall be published by the Eurasian Office without delay upon expiry of 18 months from the filing date or, if priority is claimed, from the priority date.
The invention for which the Eurasian application is published grants temporary legal protection on the territory of all the Convention Parties till Eurasian patent publication.
4) Substantive examination
Substantive examination begins only in the case of an applicant's request.
Eurasian patent can be granted for any invention that is new, involves an inventive step and is industrially applicable.
In case invention complies with the requirements of patentability, the Eurasian Office decides Eurasian patent granting.
5) Publication of patent
Within four months from the date of the Eurasian Office has dispatched to the applicant notification that it is prepared to grant the Eurasian patent, the fee for grant shall be paid.
Office publishes the particulars of the grant of the patent in the Gazette of the Eurasian Office within 6 months from the date of registration of the Eurasian patent. Simultaneously description and claims, drawings and other materials to the Eurasian patent are published.
Eurasian patent is valid from the date of its publication without paying any additional fees (up to the date of payment of the first annual fee for Eurasian patent maintenance) in all countries of the Eurasian Convention.
This article is for informational purposes only. For more detailed information, in accordance with your technical solutions, please contact the experts of IPStyle Patent Law Company.