Eurasian Patent Convention

The Eurasian Patent Convention

Eurasian Patent Convention (hereinafter Convention) came into force on August 12, 1995. The main purpose of the Convention is to strengthen cooperation in the field of the protection of inventions. The States party (Republic of Belarus, Russian Federation, Turkmenistan, Republic Tajikistan, Republic of Kazakhstan, Republic of Azerbaijan, Kyrgyz Republic, Republic of Moldova, Republic of Armenia) strived to establish an interstate system for obtaining such protection on the basis of a common patent having legal effect on the territory of all the Contracting States. For this purpose there was concluded a Convention which constitutes a special agreement within the meaning of Article 19 of the Paris Convention for the Protection of Industrial Property of March 20, 1883, and regional patent agreement within the meaning of Article 45(1) of the Patent Cooperation Treaty of June 19, 1970.

The Eurasian Patent Organization was established in order to administer the functioning of the Eurasian patent System and the grant of Eurasian patents. The organs of the Organization are the Administrative Council and the Eurasian Patent Office. The Organization is an intergovernmental organization having the status of legal entity. The headquarters of the Organization are at Moscow, Russian Federation. The official language of the Organization is Russian.

The Eurasian Office grants a Eurasian patent for any invention that is new, involves an inventive step and is industrially applicable. The term of a Eurasian patent is 20 years from the filing date of the Eurasian application.

Any dispute arising from the validity or the infringement, in a given Contracting State, of a Eurasian patent is to be resolved by the national courts or other competent authorities of that State on the basis of this Convention and the Patent Regulations. The decision has effect only in the territory of the Contracting State.

The Eurasian application may be filed with the Eurasian Office. Where the applicant does not have his residence or principal place of business in the territory of any Contracting State, he is required to be represented by the Eurasian Patent Attorney. Validia patent group has a staff Eurasian Patent Attorney.

A Eurasian patent has effect on the territory of all Contracting States from the date of its publication.

Requirements for filing a Eurasian Patent Application are:

  1. specification, claims and abstract

  2. drawings

  3. priority document

  4. Power of Attorney form (for EAPO)

  5. information required:

    • full name, domicile and address of applicant and inventor

    • int. classification if available

    • copy of deposit application, if application comprises

    • a deposit of a culture of microorganism

The application can be filed by procedure of entering into national phase of PCT.

Requirements for the PCT application are:

  1. name and address of an applicant

  2. name and address of an inventor(s)

  3. description, claims, abstract and drawings (if any)

  4. title page of an Intl. publication

Intl. Search report and Intl. Preliminary examination report. The Eurasian Patent Convention fees:

Eurasian Patents

Filing a patent application for one claim, for each claim above one 800, 70
Claiming convention priority 500
Examination of one independent claim, of all other independent claims 800, 600
Letters Patent grant 500

Submission of an International Search Report reduces official filing fees by 25%.

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