Features of filing a Eurasian application for patents
29 May 2023
Kazakhstan
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The Eurasian Patent System is a regional filing system that protects the rights of individuals and legal entities to their inventions and industrial designs in the States that are members of the Eurasian Patent Convention.
As an invention, a technical solution is protected in any field related to a product or method, more precisely, to the process of performing actions on a material object using material means, as well as to the use of a product or method for a specific purpose.
The Eurasian patent for an invention is valid on the territory of 8 Member States parties to the Eurasian Patent Convention - Turkmenistan, the Republic of Belarus, the Republic of Tajikistan, the Russian Federation, the Republic of Kazakhstan, the Republic of Azerbaijan, the Kyrgyz Republic and the Republic of Armenia.
The Eurasian Patent Convention (EAPC) is an international treaty in the field of patent law that establishes both the Eurasian Patent Organization (EAPO) and the legal system under which Eurasian patents are issued. The Convention was signed on September 9, 1994 in Moscow and entered into force on August 12, 1995.
Features of filing a Eurasian application for an invention:
1. ONE Eurasian application is submitted, which will be valid on the territory of one or more Member States;
2. Eurasian application documents can be filed in ANY language with subsequent provision of a translation into the official language (russian);
3. The application for the issuance of a Eurasian patent is submitted only in Russian;
4. A Eurasian patent for an invention may be obtained on the basis of an INTERNATIONAL application;
5. The Eurasian Patent Office conducts patent search and substantive examination, ensuring the RELIABILITY of the Eurasian patent for an invention;
6. A request for substantive examination may be filed within 6 MONTHS from the date of publication of the Eurasian application.
After the issuance of the Eurasian patent for an invention, the following rights is granted:
1. THE CHOICE of Member States to the Convention;
2. RESTORATION of the rights to the Eurasian patent that has ceased to be valid due to non-payment of the duty;
3. EXTENSION of the validity period of the Eurasian patent;
4. REJECTION OF the Eurasian patent;
5. LIMITATIONS OF the Eurasian Patent.