Eurasian Patent Office (EAPO)

The EAPC is a treaty issued on August 1995, 8, with the aim of establishing a Eurasian patent system for obtaining common patent-based protection in the territory of all contracting states, and as of January 12. The nine parties are Russia, Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, and Turkmenistan.

A Eurasian patent granted under the Eurasian Patent System is effective in the territories of all nine contracting countries from the date of its publication, so it is possible to obtain a patent with effect in nine countries with a single application. can.

As shown in Figure 1, the number of Eurasian patent applications is on the rise.

 

Since EPAC is a special arrangement under the Paris Convention, nationals and residents of countries that are members of the Paris Convention are eligible to file Eurasian patent applications. In addition, since the EAPC is a regional patent treaty under Article 45(1) of the PCT Treaty, the Eurasian Patent Office (EAPO) can be designated as the receiving office for PCT applications, and the EAPO can be designated as the national transition country for PCT applications. can be specified.

Therefore, for example, when trying to obtain protection for an invention in Russia, in addition to transferring the PCT application to the Russian domestic phase and obtaining a Russian patent (PCT-Russia route), there is also a method of transferring the PCT application to the Eurasian phase and obtaining a Russian patent. One possible method is to obtain a patent (PCT-Eurasian route).

Notes on the Eurasian route include: (a) Once the decision to reject a Eurasian patent application becomes final, it will no longer be possible to obtain a patent right in any country that has ratified EAPO, and (b) Patent rights in selected countries based on the Eurasian patent right will be It should be noted that once the invalidation trial decision becomes final, patent rights in all selected countries will expire.

 

Overview of the patent system

Protection target

Eurasian patents are granted for inventions that have novelty and inventive step and are industrially applicable. However, discoveries, scientific theories and mathematical methods, the presentation of information, methods of economic organization and management, symbols, plans, rules, methods of performing mental acts, algorithms and computer programs, circuit layouts of integrated circuits; , planning and planning of structures and buildings and land development, solutions aimed at meeting aesthetic requirements solely regarding the appearance of industrial products, plant varieties and animal breeds, circuit layouts of integrated circuits, public order or Inventions for which it is essential to prevent commercial exploitation for the purpose of protecting good morals or preventing serious damage to the environment are not eligible for protection.

Appointment of agent

If a person who does not have his residence or principal place of business in the territory of a Contracting State files a Eurasian patent application, he shall appoint a person registered with the Eurasian Patent Office as his patent agent.

Flow from application to patent grant/extinction

 

application

Requests for Eurasian patent applications must be prepared in Russian. Other documents relating to the application may be in Russian or in another language. If the application is submitted in a language other than Russian, a translation into Russian must be attached within two months of filing.
Furthermore, at the time of filing, a single fee (application fee, search fee, and publication fee) is paid to the Eurasian Patent Office. The single fee for one application is RUB 1 for cases with five or fewer claims, with an additional fee of RUB 5 for each claim exceeding five.

Formality examination and patent search

All Eurasian patent applications assigned application numbers undergo formality examination and patent search. A patent search is a search aimed at discovering related prior art, and the results of the search are sent to the applicant as a search report.
In addition, if the search reveals that the requirements for unity of invention are not met, the applicant will be notified to that effect, and within three months from the date of notification, the applicant will be notified if the applicant is subject to the search. You have to choose an invention.

Application publication

After 18 months from the priority date, the application documents and the search report mentioned in (2) above will be made public. In addition, if requested by the applicant, early publication will be made before the expiration of 18 months from the priority date.

Request for examination

Pay the examination request fee and request substantive examination before the expiration of six months from the date of publication of the application.
The examination request fee is 25,500 Russian rubles, and if the invention includes 2 groups of inventions, 19,000 Russian rubles will be added, and if the invention includes 3 or more groups, 1 Russian rubles will be added for each group. Furthermore, by submitting a search report prepared by an International Searching Authority, the examination request fee will be reduced by 9,500%.

 substantive examination

The substantive examination will be conducted by a three-member examination panel. In the substantive examination, it is examined whether the claimed invention has novelty, inventive step, and industrial applicability. If the claimed invention does not meet the patentability requirements, the examiner may request an amendment to the claim.
As a result of the examination, if the claimed invention does not meet the patentability requirements, or if the claimed invention does not meet the patentability requirements even after amendment, the application will be rejected.
An appeal may be filed against a decision to refuse an application within three months from the date of receipt of the notice of rejection.

Patent grant/extinction

A Eurasian patent is granted by paying a registration fee of 3 Russian rubles to the Eurasian Patent Office within three months from the date of receipt of the Eurasian Patent Office's notification of the granting of the Eurasian patent. A Eurasian patent shall have effect in the territory of all Contracting States from the date of its publication.
The term of validity is 20 years from the filing date. Once a Eurasian patent has been granted, it must be maintained by paying an annuity for each contracting state that wishes to receive patent protection.
Eurasian patents are entitled to the same civil law protection against infringement as domestic patents. In a Contracting State, disputes arising from the validity or infringement of a Eurasian patent shall be resolved by the national courts or other competent authorities of that State.

 

Others

　(1) Divisional application

A divisional application may be filed for the invention described in the original application under the following conditions.
(a) the original application has not been withdrawn or deemed to have been withdrawn;
(b) before the date of registration of the original application or, if a decision has been made not to grant a patent in the original application, before the possibility of filing an appeal has expired;

　(2) Application change

　Before the expiry of 6 months from the date of receiving the notice of reasons for refusal or refusal trial decision for a Eurasian patent application, it is possible to designate the contracting country in which you wish to obtain a national patent according to the domestic procedure and change the application to a regular national application in that contracting country. . The converted national application has the filing date (priority date) of the Eurasian patent application.

 

 

reference

 

 

 

Patent&Trademark Attorney / Specially Qualified Attorney For Infringement Litigation　Yoko Yagishita

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