Prior art search

Of all types of patent searches, the prior art search is the one that is crucial before filing a priority patent application. This is necessary to evaluate the chances that the patent for the claimed invention/utility model will be granted. To this end, our patent attorney can perform a preliminary search aimed at discovering relevant prior art and assessing whether or not the solution at issue will meet patentability criteria.

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Prior art search Russia
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FAQs

Is it true that the examination request should be filed to the Eurasian patent office on the date of filing the application?

This requirement (to file the request for substantive examination within the same time limit as the application) only applies to PCT Eurasian regional phase applications. For other types of applications, the examination request should be filed during 6 months from the date of the publication of the patent application.

What is the time limit for entering the Eurasian regional phase? Can this term be reinstated?

The time limit for entering the regional phase before the Eurasian Patent Office is 31 months from the priority date or the earliest priority date of several claimed priorities; if no priority is claimed, the time limit is 31 months from the filing date of the international application. The said time limits can be reinstated within 12 months on the applicant’s request in case the Patent office acknowledges the validity of the reason for the delay. The official fee for the reinstatement amounts to 25,000 RUR.

Which countries are covered by Eurasian patent?

Currently, Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Turkmenistan are members of the Eurasian Patent Convention. Moldova left the Convention on February 27, 2012, but the patents registered on the base of applications filed before that date, are valid.

What happens if the applicant does not meet the time limit for entering the national phase in Russia?

The rights of the applicant with respect to an international application in Russia can be reinstated during 12 months upon the applicant’s request. The request should state the reasons for not meeting the time limit. The official fee charged for the reinstatement amounts to 5,000 RUB.

What is the time limit for entering the national phase in Russia and the neighboring countries?

The time limit for entering the national phase in Russia is 31 months from the priority date (the earliest priority date if several priorities are claimed), and if no priority is claimed - 31 months from the filing date of the international application.

The time limit for other post-Soviet countries are as follows:

Country

Time limit in months

As designated office

As elected office

Armenia,

31

31

Azerbaijan

30

31

Belarus

31

31

Estonia

31

31

Georgia

31

31

Kazakhstan

31

31

Kyrgyzstan

31

31

Latvia

There is no national phase, the application should enter the regional phase before EPO

Lithuania

There is no national phase, the application should enter the regional phase before EPO

Moldova

31

31

Tajikistan

30

31

Turkmenistan

30

31

Ukraine

31

31

Uzbekistan

31

31

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