Intellectual Property FAQ Eurasian Patent System FAQ   1. What countries are included in the Eurasian Patent System? The Eurasian Patent System is an interstate system for the protection of Intellectual Property, and at the present time, includes nine countries of the former Soviet Union - namely the Republic of Armenia, the Azerbaijan Republic, the Republic of Belarus, the Republic of Kazakhstan, Kyrgyzstan, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, and Turkmenistan. 2. What are the advantages of the Eurasian Patent System? The advantages of the Eurasian Patent System are as follows: one uniform application for all of the countries included in the Eurasian Patent System, which can be filed electronic or paper form, instead of filing an application with each of the national patent offices; one official language (Russian) to avoid considerable translation costs; one examination, which simplifies the procedure and lowers the expenses of your clients; unified protection of rights granted by the Eurasian Patent Office, which is valid in all Contracting States; easy patent maintenance by paying all annual fees to the Eurasian Patent Office, for all the contracting parties where a Eurasian patent shall be maintained. 3. When did the Eurasian Patent System come into force? The Eurasian Patent Convention came into force on August 12, 1995, with the aim of creating a unitary patent system. It constitutes an agreement, which is in accordance to Article 19 of the Paris Convention for the Protection of Industrial Property, and represents a regional patent treaty, which is in accordance to Article 45 of the Patent Cooperation Treaty (PCT). The Eurasian Patent System enables physical and legal persons to obtain a Eurasian Patent on the basis of an international application. The criteria of patentability for the Eurasian legislation correspond to PCT Regulations, European Patent Convention, and to the legislation of developed countries. Regional phase entry for PCT applications is 21 months for an invention under PCT Article 22, or 31 months, for an invention under PCT Article 39. 4. What are the grounds for patentability? A Eurasian Patent is granted for any invention that is new, involves an inventive step and is industrially applicable. If the subject matter of the invention is a method, the protection granted also covers products obtained by that method. The term of the Eurasian Patent is 20 years from the filing date of the Eurasian application. The right of priority is recognized in accordance to the Paris Convention. 5. What, in brief, is the procedure for a Eurasian patent grant? The length of the Eurasian patent grant procedure is 0,5 to 1,5 years. It is divided into two stages, the first being the formal examination and search, the second starting with the substantive examination and ending with grant of a patent. The processing time may be significantly reduced upon the applicant's request. Formal Examination is carried out within two months from the date of receipt of an application, to check the following: correct presentation of the application documents; unity of invention; lawful and proper claims to priority; patentability. A Search report is drawn up based on the claims with regard to the description and, where necessary, additional materials. The purpose of the search is to establish prior art, which is then used to assess the novelty and inventive step of the invention. The Eurasian Office publishes a Eurasian patent application after the expiry of a period of 18 months from the date of filing or, if priority has been sought, from the date of priority. It may however be published earlier upon the applicant's request. A Request for substantive examination shall be filed with the Eurasian Office within a six month term from the date of publication of the Eurasian application, or, if the search report was published separately, from the date of its publication. Substantive examination establishes the patentability of the invention, which is covered by the application. The guiding principle of the substantive examination is the collection of the greatest possible amount of information capable of influencing the objectivity of the decision in any way. In assessing industrial applicability, it is first established whether the invention can be made and used as stated in the application (as a rule in the title of the invention) by the means described in the application or available in the prior art. It is also established whether the technical effect claimed in the description can be achieved. Assessment of the novelty of an invention consists in checking that it does not form part of the state of the art. This check covers all the features included in the independent claims. An invention will not be deemed to be new if prior art is found to an item whose features are identical to all the features included in the claims. Assessment of the inventive step includes the following checks: identification of the invention's closest prior art; identification of the features, which distinguish the invention from its prototype; identification of the technical solutions produced by those distinguishing features (or in combination with known features); identification of solutions similar to the solution in the prior art. 6. How can a Eurasian patent be maintained in the contracting states? The Fee for granting and publication of a Eurasian patent should be paid to the EAPO in the established amount within 4 months from the mailing date of the Notice of allowance. Upon the payment of the granting and publication fee, the Eurasian patent is granted. At this stage, the patent is valid in all contracting states. Annuities (maintenance fees) should also be paid to the EAPO. When paying annuities (maintenance fee) the applicant may select contracting states where the patent should be maintained and pay annuities for those countries only. In all other contracting states the patent will be deemed withdrawn. 7. Is there any Provisional protection? Inventions for which a Eurasian patent application has been filed are granted provisional protection for the period between publication and the grant of a Eurasian patent. The protection applies to the published claims and covers all the Contracting States. Provisional protection for an application filed in accordance to PCT commences on the day of its international publication.

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