There are two options of granting right protection to Eurasian patent, they are as follows:

1) EURASIAN PATENT REGISTRATION (with claiming priority)

Eurasian Patent Application covers the following member-states:

  • Turkmenistan;
  • the Republic of Belarus;
  • Tajikistan;
  • the Russian Federation;
  • Kazakhstan;
  • Kirghizia;
  • Azerbaijan;
  • Armenia;
  • Moldova.

The application process for granting of a Eurasian patent is divided into two stages, the first involves stating the filing date of the Eurasian application, the formal examination, search and publication of the application, and the second begins with the substantive examination and finishes with the issuance and publication of the patent. In case the priority is to be claimed the certified copy of priority Application should be submitted with the Eurasian Office in term of three months from the filing date. During the formal examination the availability and accuracy of documents are examined for compliance with the formal requirements for the application materials.

In the case of positive result of formal examination the patent search is started. This stage finishes with the publication of the application and the search report at the expiration of 18 months from the filing date or, if priority is claimed, from the priority date, or by the request of the applicant before the deadline for payment of an additional fee. Provided the corresponding request is submitted, the substantive examination of the claimed invention is conducted by taking into account issues identified during the patent search of analogues. Such request should be submitted before the expiry of 6 months from the Eurasian application publication date and in case the search report is published separately – from the date of its publication. If it is determined that the invention meets the requirements of patentability, the Eurasian Office shall make the decision on granting a Patent. After the Patent is published in the Eurasian patent Register.

Eurasian Patent Application filing:

Translation from English into Russian – EUR 15 per 100 words

Single procedure Fee – EUR 645;

Additional Fee for each next claim after the 5th – EUR 58;

Substantive examination:

Official Fee for single invention – EUR 642;

Official Fee for group of inventions – EUR 1120;

Granting of Patent Certificate:

Fee for grant of a Eurasian patent – EUR 45;

The maintenance of a Eurasian patent is subject to the payment of annual fees. Such fees must be paid to the EAPO in respect of each Contracting State in which the applicant wishes to maintain protection. The fees are payable every year, following the grant of the Eurasian patent, on the anniversary of the international filing date. Payment can still be made together with a 50% surcharge for late payment within a period of grace of six months computed from the said anniversary.

 

2) EURASIAN PATENT REGISTRATION UNDER PCT APPLICATION

The term for entering national phase in EAPO is 31 month from the priority date.

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed.

If the translation of the international application has not been furnished within the 31-month time limit applicable, it may still be furnished within a period of grace of two months from the expiration of the applicable time limit. The applicant shall have the right, within two months following the date of expiration of the initial two-month period, to furnish the translation, provided that an additional fee is paid.

If the unitary procedural fee indicated in the Summary has not been paid within the time limit applicable payment can still be made together with a 20% surcharge for late payment within a period of grace of two months from the expiration of the applicable time limit.

Eurasian Patent Application filing:

Translation from English into Russian – EUR 15 per 100 words

Single procedure Fee – EUR 645;

Additional Fee for each next claim after the 5th – EUR 58;

Substantive examination:

The Eurasian patent is granted only after substantive examination, which starts only at the request of the applicant. There is no special form for requesting examination but the request must be made in writing. The request for examination is considered to have been filed only after the examination fee has been paid. Examination must be requested within six months from publication by the International Bureau of the international search report or before the expiration of the time limit applicable, whichever time limit expires later. The request for examination may still be validly filed within a period of grace of two months from the expiration of the applicable time limit, provided that there are valid reasons for the non-compliance with the time limit and that an additional fee is paid.

Official Fee for single invention – EUR 642;

Official Fee for group of inventions – EUR 1120;

Granting of Patent Certificate:

Fee for grant of a Eurasian patent – EUR 45;

The filing Fee for Eurasian application is reduced to 25% in case application contains the International Search report or the Search report of international type, which is prepared by one of the International Searching Authorities and to 40% in case such Reports are prepared by Russian Patent Office.