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Patent in EAPO

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The Eurasian patent is valid in Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Turkmenistan.

  • Patent fees

Fees associated with filing patent applications in Eurasia as well as other patent fees are available in the fee calculator.

  • Term for filing a patent applications in Eurasia

The deadline for filing a conventional patent application claiming priority in Eurasia is 12 months from the priority date. If the applicant fails to file the application due to circumstances below him, this deadline may be extended for two months from the expiration of this term provided that the corresponding official fee is paid.

  • Filing requirements in EAPO

The official language of the proceedings before the Eurasian Patent Office is Russian. In case the Eurasian application is filed in any other foreign language, the translation into Russian should be provided within two months from the filing date. This term may be extended for two additional months if the corresponding official fee is paid.

To obtain the filing date, it is necessary to submit:
- request to grant a patent;
- applicant/s information;
- description (even if it complies with the formal requirements only).

A certified copy of the Priority Document should be provided to the EAPO within 16 months from the priority date. In addition, EAPO may send a notice requesting Russian translation of the title page of the priority document. 

Notarization or legalisation of the POA is not required. It must be submitted to the Eurasian Patent Office within two months from the date of filing. A copy is sufficient, but the original may be requested at any stage of the proceedings.

  • Examination of a Eurasian patent application

The request for substantive examination should be filed within six months from publication of a Eurasian patent application. This term may be extended for two months by paying extra fees.

  • Novelty grace period

Disclosure of the information about the invention does not disprove its novelty if said disclosure was made by the inventor, applicant or a third party that directly or indirectly obtained the information from them and if it occurred within 6 months before the filing or priority date.

  • Grant, validity term and maintenance fees

Official grant and publication fees must be paid within four months from issuance of the decision to grant a Eurasian patent. The fees may be paid during a grace period of two months, a corresponding surcharge applies. Upon publication of the patent, the maintenance fees are paid only to the Eurasian Patent Office (not in each designated country). The term for payment of annual fees differs from state to state. In Azerbaijan, Belarus, Kyrgyzstan, Russia, and Tajikistan annual maintenance fees are payable starting from the third year of the Eurasian patent's validity. In Armenia, they are payable from the second year. In Turkmenistan and Kazakhstan, they are payable from the first year.

  • Duration of registration procedure

It takes an average of 2-4 years to get a patent granted in EAPO.

  • Utility Model

Utility model protection is not possible under the Eurasian Patent Convention.

  • Representation by a patent attorney

For foreign applicants, it is necessary to appoint a registered Eurasian patent attorney. Patent attorneys must be registered before the Eurasian Patent Office and not with any local office of the EAPC member states.

  • Note

Online Search Database for Eurasian Patents.

Brief summary is based on the information provided by Mikhailyuk, Sorokolat & Partners on 09.04.2024
Please contact us if the above information is not in conformity with Eurasian IP Laws