EURASIAN PATENT CONVENTION -
THE NEWEST PATENT CONVENTION IN THE WORLD

GENERAL INFORMATION

After the collapse of the former USSR in 1991 the single patent territory disintegrated into 15 independent states. Nevertheless, the need in cooperation in the field of intellectual property was conditioned by the historically established close scientific, technical and economic relations between the former Soviet Republics. Besides, Moscow was the place, in which the leading specialists and experts and information and documentation in the field were concentrated.
Therefore, in 1995 nine states signed the Eurasian Patent Convention.
The eight years of existence of Eurasian Patent Convention showed the following advantages:
- A single Eurasian patent may be granted and valid in the territory of all designated states;
- Only the Russian language is used for pendency, examination and publication of a EA application and a EA patent. The preceding 3 years a EA patent is valid in all contracting states free of charge.
- The single procedural fee, examination fee and maintenance fees are paid at the Eurasian Patent Office
- A single representative can be appointed by an Applicant for all states.
- Applicants from some countries enjoy with tariff preference for Application fees (see APPENDIX)

Everybody is welcome to experience obtaining a patent with the most modern patent organization that is new equipped, applicants’ friendly and manned with high professionals delegated from all member-stated of the EA Convention.

Some Data about members
Contracting States Area sq. mi Area sq. km Population Capital
ARMENIA (AM) 11,506 29,800 3,426,000 Yerevan
AZERBAIJAN (AZ) 33,436 86,600 7,237,000 Baku
BELARUS (BY) 80,155 207,600 10,437,418 Minsk.
KAZAKHSTAN (KZ) 1,049,155 2,717,300 17,376,615 Akmola
KYRGYZSTAN (KG) 76,641 198,500 4,769,877 Bishkek
MOLDOVA (MD) 13,012 33,700 4,489,657 Chisinau
RUSSIAN FEDERATION (RU) 6,592,846 17,075,400 149,909,089 Moscow
TAJIKISTAN (TJ) 55,249 143,095 5,832,000 Dushanbe
TURKMENISTAN (TM) 188,456 488,100 3,859,000 Ashkhabad
Total 8,100,456 20,980,095 207,336,656
States, which signed the Convention, but not ratified yet
Georgia (GA) 26,900 69,700 5,482,000 Tbilisi
Uzbekistan (UZ) 172,742 447,400 23,089,261 Tashkent
Ukraine (UA) 233,100 603,700 51,867,828 Kiev
Total 432,742 1120,800 81,527,000
For comparison
USA 3,717,538 9,628,382 265,200,000 Washington
Canada 3,849,672 9,970,610 30,000,000 Ottawa

1. LEGISLATION
Eurasian Patent Convention, as of August 12, 1995.
Patent Regulations, in force since December 1, 1995.
Convention of Paris.
The Patent Cooperation Treaty.

II. EURASIAN PATENTS
2. GENERAL DEFINITIONS
Patentability: a patent is granted for an invention, which is new, involves an inventive step and is industrially applicable.
Patents can be granted for devices, processes, substances, strains of micro-organisms, cultures of vegetal and animal cells, and for the use of a known device, process, substance or strain for a new purpose. Chemical and pharmaceutical products, as well as diagnostic and therapy methods for human and animal treatment are patentable. Business methods and software patents are patentable in the point of view of industrial applicability.
Exceptions to protection: scientific theories, methods of economic organization and management, schedules and rules, as well as algorithms and computer programs. Solutions contrary to humanitarian principles or morality are not recognized as invention.
Novelty: an invention is new if it is not known from the prior art, nor from earlier Eurasian applications.
Unity of the invention: the application for an invention must cover one invention only, or a group of inventions forming a single inventive concept.
Applicant: natural persons or legal entities. Foreigners: enjoy the same rights as nationals, they must elect a patent agent from any country of Eurasian Convention who admitted for practice before Eurasian Paten Organization.

PROCEDURE
FILING OF APPLICATIONS
Requirements:
1. Power of Attorney. ( EAPC)
2. Specification, claims and abstract (may be filed in Russian or any other language whereby a certified Russian translation should be filed within a two-month term).
3. Drawings, if any.
4. Priority certificate, if any (to be filed within 3 months from the filing date).
5. Fee payment document (can be filed until 2 months after filing) , Schedule of fees)

Priorities - according to the Paris Convention, can be claimed until 2 months after filing.
Exhibition priority - none.
Novelty grace period -12 months before the filing or priority date, if disclosure is made by the inventor or his successor in right.
PCT application: term for entering the national phase:
31 months from the priority date (Chapter II and Chapter I);
earlier filing is possible.

EXAMINATION A formal examination and a delayed substantive examination.
4.1. The formal examination is carried out one month after the filing of the application particulars in Russian language. The application is published 18 months after the filing date without full examination.
4.2. Substantive examination, including novelty and inventive level, is carried out on the applicant's or a third person's request, presented within 6 month of the date of publication of search report with payment of an examination fee, after payment of the examination fee.
The examination fee for PCT application, filed in 31 month must be paid together with basic fee at the day of filing. Late payment is possible with additional fee.
Accelerated examination is possible.
Transformation to a national application is possible

5. GRANTING
The results of the examination are communicated to the applicant within 12 months. If the Patent Office does not receive any objection within 6 months, the decision to grant is issued and the abstract of the invention published in the Official Gazette of the Patent Office. The recognition of an invention is certified by a patent document after payment of the granting fee, which covers two years annuities.

6. PROTECTION AFTER GRANTING
Beginning and duration of protection: a patent lasts 20 years from the filing date of the patent application.
Annuities: have to be paid for maintaining the patent validity, starting with the third year; grace period: 6 months. Opposition to the Patent Office's granting decision is possible within 6 months after publication of the abstract in the official gazette. Invalidation is provided for, based on unlawful grant of a patent or wrong indications of the data in the application or in the granting decision. Licences must be registered with the National Patent Offices. Compulsory licences may be accorded in case of non-working during 5 years after the date of grant, with compensation. Infringement are dealt with by the Patent Court or Civil Court.

APPENDIX
List of States members of the Convention of Paris who enjoy the tariff preferences of 80% discount under the Eurasian Patent Convention


Algeria
Argentina
Armenia
Azerbaijan
Bangladesh
Belarus
Benin
Bolivia
Bosnia & Herzegovina
Brazil
Bulgaria
Burkina-Faso
Burundi
Cameroon
Central African Republic
Chad
Chile
China
Congo
Croatia
Cuba
Czech Republic
Dominican Republic
Egypt
Estonia
Gabon
Gambia
Ghana
Gorgia
Guiana
Guinea
Guinea Bissau
Haiti
Honduras
Hungary
Indonesia
Iran
Iraq
Ivory Coast
Jordan
Kazakhstan
Kenya
Korea(North)
Kyrgyzstan
Latvia
Lebanon
Lesotho
Liberia
Lithuania
Macedonia (former Yugoslavian Republic)
Madagascar
Malawi
Malaysia
Mali
Mauritania
Mauritius
Mexico
Moldova
Mongolia
Morocco
Niger
Nigeria
Paraguay
Peru
Philippines
Poland
Romania
Russian Federation
Rwanda
Saint Kitts&Nevis
Saint Lucia
Senegal
Slovak Republic
South Africa
Sri Lanka
Sudan
Swaziland
Syria
Tadjikistan
Tanzania
Togo
Tunisia
Turkey
Turkmenistan
Uganda
Ukraine
Uruguay
Uzbekistan
Vietnam
Yugoslavia
Zaire
Zambia
Zimbabwe