DESIGNS IN THE EURASIAN PATENT ORGANIZATION (EAPO)
The Eurasian Patent Organization (EAPO) accepts applications for industrial designs from June 1, 2021.
The patent will be valid for the following members of the Eurasian Patent Convention (EAPC): Armenia, Azerbaijan, Kazakhstan, Kyrgyzstan and Russia.
Priority Deadline: To file a design application in the EAPO with claiming priority, the application would have to be filed within six (6) months from the earliest priority date. A certified copy of the priority application should be filed with the EAPO within 3 months following the filing date of the design application.
Novelty Period: The novelty grace period for a design in the EAPO is twelve (12) months after the disclosure of the design and before filing of the application.
Representation: A foreign client must be represented at the Eurasian Patent Organization by a registered Eurasian Patent Attorney.
Translation: Application materials should be translated and filed in the Russian language.
Preliminary (formal) Examination: The process for the examination of Design Applications in the EAPO includes a preliminary examination after filing, to crosscheck the formal requirements for design applications (accuracy of the documentation). If the preliminary examination is successful, the application will proceed to the substantive examination stage.
Substantive Examination: The substantive examination is mandatory for designs. It begins the next business day after the notification of the positive completion of the preliminary examination is sent.
At this stage, the design will be checked in compliance with the requirements for design patentability, which are absolute novelty and originality. If the design meets these requirements, a decision to grant the patent will be issued.
Office Action: If an Office Action is issued, our Eurasian Patent Attorney will carefully review the Office Action to provide a Legal Opinion and discuss with the Applicant or representing Attorney, options available in overcoming said Office Action.
Duration: The procedure for the registration of a design patent in the EAPO usually takes twelve (12) months in the case of a smooth registration.
Fees: The official fees for filing of the design application should be paid alongside the official fees for conducting the substantive examination. The patent is issued after payment of the relevant issuance and annuity fees.
Validity: In the EAPO, the design patent is valid for five (5) years and can be prolonged every 5 years beginning from the date of filing the application, but no more than 5 times, i.e. the total term of exclusive right for the design patent is 25 years.
The petition for the extension of the patent validity term, together with the required fee, must be submitted to the EAPO within the last year of the current 5-year period of validity of the Eurasian patent.
Required documents for Filing a Design Application in Russia: