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Eurasian foreign application

Obtaining a Eurasian patent for an invention

Patent-law firm “NEVA-PATENT” provides assistance to obtain Eurasian patents for inventions.

Eurasian applications are submitted in accordance with Eurasian patent convention to provide opportunity to apply for patents in any countries participating in Eurasian patent convention. Currently, the countries participating in Eurasian patent convention (here and after referred to as EAPC) are the Russian Federation, Turkmenistan, Byelorussian Republic, Republic of Tajikistan, Republic of Kazakhstan, Republic of Azerbaijan, Kyrgyz Republic, Republic of Armenia, Moldavian Republic.

According to Eurasian patent convention (EAPC), objects of invention may be material objects or processes created or modified by a human, in particular, a device, a method, a substance, a biotechnological product, as well as usage of a device, a method, a substance, a biotechnological product (Article 1 “Rules for formulation, submission and consideration of Eurasian applications in EAPO).

The Eurasian patent office issues Eurasian patent for an invention, if it matches the patentability criteria:

• novelty: an invention is considered new, if it is not a part of the previous state of art;
• industrial applicability: an invention is industrially applicable, if it can be used in industry, agriculture, healthcare, other fields of human activity;
• inventive level: an invention has the inventive level, if a professional in the art could not explicitly derive it from the previous state of art.

The previous state of art includes all the information that is publicly available before the Eurasian application filing date, and, if the priority claimed, before its priority date.

According to EAPC, the following is not considered inventions:

1. discoveries;
2. scientific theories and math methods;
3. presentation of information;
4. business establishment and management methods;
5. designations, timetable, guidelines;
6. methods for intellectual operations execution;
7. algorithms and software for computing machines;
8. design and plan of structures, buildings, territories;
9. solutions related to visual appearance of items only, made with the purpose to satisfy aesthetic needs.

Eurasian patents are not issued for types of plants and breeds of animals, also for topographies of integrated circuits.

A Eurasian patent has validity period of 20 years after Eurasian application filing date.

Eurasian application priority may be defined by the date of submission of the previous application for the invention in any country participating in EAPC, if the Eurasian application arrived to the Eurasian patent office before the expiration date of 12 months after the date specified.

The procedure of obtaining a Eurasian patent for an invention takes around 1.5-2 years and it includes two stages: formal examination and substantive examination.

The formal examination checks the presence and correct formulation of documents that are included into the Eurasian application, as well as matching the requirements imposed onto the application documents as defined by the Patent instruction to the Eurasian patent convention (Approved by the Administrative Council of Eurasian Patent Organization on December 1^st 1995). 

The substantive examination by the Eurasian office checks matching the claimed invention and the requirements of invention unity, patentability criteria and other requirements as set by regulatory acts by Eurasian patent organization. Meeting the patentability criteria is defined based on previous state of the art as disclosed during preceding patent research.

Eurasian application is published on the date after expiration of 18 months after the date of its submission or, if priority is claimed, after the priority date. By request of the applicant, the Eurasian patent office publishes the Eurasian application before the specified date.

If the claimed technical solution is determined as matching all the patentability criteria, a decision about issuing the patent is made.

Fees for maintaining the patent valid is paid in favour of Eurasian patent office annually in amount that is the sum of annual fees to every country on the territory of which the patent owner wishes to have been legally protected. A country participating in EAPC defines the amount of fee on its territory.

The cost of Eurasian patenting is calculated individually each time upon your request.

To submit a Eurasian application an applicant must present the following:

1. Description of technical solution, drawings.
2. For submitting a Eurasian application based on priority application for an invention: full set of the application materials.
3. If the application materials are to be modified: the information about it, as well as materials of the modified application.
4. For submitting a Eurasian application based on an international application in accordance with the PCT system: full set of the international application materials.
5. Patent research results, if applicable.
6. Full and precious name of the applicant.
7. Applicant’s address together with post address for correspondence.
8. Full names of the invention authors with residence address.
9. Power of Attorney for the name of the Eurasian patent attorney signed by the applicant (its form is provided, notarization and legalization are not required).

Neva-Patent Ltd. provides all patent prosecution and maintaining services.