Eurasian patent application

The Eurasian Patent System allows applicants to take advantage of a Eurasian regional patent that is valid not only in Russia, but also in the other seven member countries of the Eurasian Patent Convention (EAPC): Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Turkmenistan, and Tajikistan.

Patent applications are filed with the Eurasian Patent Office (EAPO, located in Moscow) in a single language (Russian) and are processed by the EAPO until granted. The patent issued is immediately valid in all the member states. Although the Eurasian official fees are considerably higher than those charged by any national Patent Office, the processing of one Eurasian application is usually more cost-effective than separate prosecution of two or three national applications.

The Eurasian Patent System is traditionally popular among foreign applicants who represent a vast majority of the filers (despite the large discounts on official fees offered to applicants from member states). Accordingly, most Eurasian patent applications are regional stages of PCT applications, or else they claim priority from earlier foreign applications.

Initial (priority) applications are filed with the Eurasian Patent Office through the national Patent Offices in accordance with national first filing requirements. (Please refer to the First filing Requirement/Foreign Filing License section below.)

The way the Eurasian Patent Convention works is very similar to the European Patent Convention; it is even more convenient and applicant-friendly in some respects: for example, there is no special validation procedure and the Eurasian patent holder chooses the countries where the patent should be maintained by merely paying the respective annuities. All the annuities are paid directly to the Eurasian Patent Office.

Our Eurasian patent attorneys will help you to file your patent applications with the Eurasian Patent Office for any industry sector and will professionally guide you through each step of the examination.

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First Filing Requirement (Foreign Filing License)

The term “foreign filing license” is not directly mentioned in Russian IP legislation. At the same time, Russian regulations contain provisions similar to those set forth in countries that oblige national applicants to receive special permission before filing patent applications abroad.

 In case the invention has been developed in the Russian Federation, the applicant is required by Russian law to file their first application in Russia (direct national filing or international application filed with the RUPTO as the International receiving office).

Any subsequent application can only be filed abroad after a six-month check performed by the Russian Patent Office. The check is meant to reveal state secrets the invention may eventually contain. Rospatent does not issue any special permission to file foreign applications (as compared to the US foreign filing license, when PTO issues a corresponding notification). The lapse of the said six-month term automatically allows the applicant to file subsequent applications with foreign Patent offices. The term may be reduced by filing a request explaining that the application materials do not contain state secrets. Reduction of the term lies then within Rospatent’s discretion. It may normally be reduced to 3-4 months.

If, in breach of said rule, the applicant files the patent application with a foreign Patent office, Russian law stipulates administrative liability (monetary penalties). At the same time, if, after an unauthorized foreign filing, a state secret is revealed in the invention, both the applicant and the inventor become criminally liable.

We will be happy to provide more information and perform an analysis of a specific situation involving the first filing requirement.

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FAQs

Which countries are covered by a Eurasian patent?

Which countries are covered by a 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 basis of applications filed before that date, are valid.



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Do Russian and Eurasian patent procedures include a provision for deferred examination?

Do Russian and Eurasian patent procedures include a provision for deferred examination?


Patent examination in Rospatent can be initiated within 36 months from the date of filing the patent application (for PCT national phase applications – from the international filing date).

In EAPO, the examination request can be filed within 6 months starting from the publication of the application (the publication takes place in 18 months calculated from the filing of the application or from the priority date if a priority has been claimed); however, this deferral does not apply to Eurasian PCT regional phase applications for which the examination request should be filed simultaneously with filing the patent application.


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Do I have any protection after publication of a Russian patent application and before the grant of the patent?

Do I have any protection after publication of a Russian patent application and before the grant of the patent?


As in most patent jurisdictions, an applicant receives in Russia provisional legal protection of his or her rights during the period between the publication of the patent application and the publication of the granted patent (Article 1392 of the Russian Civil Code).

Any third party having used the invention during the said period shall pay to the patent holder a reasonable compensation. If the parties do not agree about the amount of the compensation, the same should be defined by the court. It is important to understand that the right holder can bring a legal action against such a third party only after the registration and publication of the patent.


How can I transfer the Russian part of an international patent application (PCT) and of a Eurasian patent (application)?

How can I transfer the Russian part of an international patent application (PCT) and of a Eurasian patent (application)?


The Russian part of a PCT application (as any Russian patent or patent application) can be transferred/assigned to another party on the base of an agreement between the parties (the recordation of the transfer of rights under a Russian patent takes about two months within the RUPTO plus preparation work).

A transfer/assignment of a Eurasian patent (patent application) can only take place with regard to all the contracting states (Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkmenistan). Therefore, if the patent holder intends to transfer their patent rights with regard to Russia only, they will be unable to do so as long as the Eurasian patent is maintained in force in other countries.  (And even if the patent holder has recently stopped paying annuities for some countries, the 3-year reinstatement right would be transferred together with the Eurasian patent).


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

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