Online Quotation for Entry of PCT Applications to the Eurasian national phase (regional) is available in a second with PAT-ROLL.

PCT Application for Eurasian patent automatically cover the eight (8) states of Turkmenistan, Belarus, Tajikistan, Russia, Kazakhstan, Azerbaijan, Kyrgyzstan and Armenia.

Notice: Since April 26, 2012, Moldova officially withdrew from the EAPO.

What Can Be Protected As An Invention?

  • Methods of treatment.
  • Methods of diagnostics.
  • Swiss-type claims (the first, second or subsequent medical use of a known substance or composition).
  • Also technical solutions (products and/or methods) from any field of technology which after examination have been proven to be new (of novelty), inventive (possessing the inventive step), and industrially applicable.

What Cannot Be Protected As An Invention?

  • Aesthetic and thereby non-technical creations.
  • Game regulations and guidelines for intellectual and economic activity.
  • Scientific theories, Discoveries, and Mathematical Methods.
  • Plant and animal varieties as well as the biological means of obtaining them.
  • Computer programs.
  • Presentations of information.
  • The modification of human genes as well as methods for cloning humans.
  • The use of human embryos in commercial or industrial purposes.
  • Any other invention contrary to morality or public policy.

There are three options regarding fees for the examination with the EAPO.

  1. PCT with ISR (International Search Report), RuPTO: For ISR which was conducted by the Russian Patent Office, applicants receive a 40% discount on Official Filing Fees.
  2. PCT with ISR (International Search Report): For PCT Applications with ISR conducted by the International Search Authorities (EPO), a request would have to be made to the Russian Patent Office for an additional search of the patent documents in Russian after which a 25% discount on filing fees would be awarded.
  3. PCT without ISR: For PCT Applications void of ISR, a request would have to be made to the Russian Patent Office for the full international search of the patent documents after which the applicant should pay the Official Filing Fees in full.

Formal Examination: The process for the examination of PCT Applications to the EAPO includes a formal examination within two (2) months after filing, for the crosschecking of required documentation. In the case of accurate documentation, a notification of the positive outcome of the formal examination will be issued. It is required that the substantive examination be requested at the time of the filing of the application.

Substantive Examination: The substantive examination automatically follows a positive result of the formal examination. The patent is issued or not, after the completion of the substantive examination and in accordance with the results of said examination.

Office Action: In case of an Office Action, our EAPO Patent Attorney will carefully review the Office Action to provide a Legal Opinion and discuss with the Applicant options available in overcoming said Office Action.

Translation: Application materials should be translated and filed in the Russian language.

Duration: The procedure for registration of a patent in the EAPO usually takes between two (2) and four (4) years.

Deadline: For entry of a PCT Application to the EAPO national phase, the application is required to be filed with the Eurasian Patent Office (EAPO), within thirty-one (31) months from the earliest filing date of the priority application.

Fees: The patent is issued after payment of the relevant fees for which the deadline is four (4) months from the date of receipt of the decision.

Validity: A Eurasian patent is valid for twenty (20) years after the initial filing date. It is however possible for applications for pesticides, agrochemicals and pharmaceuticals to apply for and receive an extension of five (5) years on their patent.

Representation: The client must be represented at the EAPO Patent office by a registered Eurasian Patent Attorney.

Required documents for Filing a Patent Application in EAPO:

  • Applicant’s information (name and address);
  • Inventor’s information (name and address);
  • Description, claims, abstract and drawings, disclosing the invention;
  • POA signed by applicant(s). Notarization or Legalization is not required.

Online Quotation for Entry of PCT Applications to the EAPO is available in a second with PAT-ROLL.

Please be informed that Ukraine, although the second largest market in the CIS is not included in the EAPO. Kindly find quotations and further details on filings to the Ukrainian national phase here.

Click the following link for a detailed guide on filing Eurasian application and PCT entry into the Eurasian Regional Phase from the perspective of a Eurasian Patent Attorney.