Since the year 2000, NEVA-PATENT has been providing services related to obtaining Eurasian patents for inventions.

 

Filing a Eurasian patent application in accordance with the Eurasian Patent Convention (EAPC) allows applicants to seek patent protection in any of the EAPC member states. Currently, the following countries are parties to the EAPC: the Russian Federation, Turkmenistan, the Republic of Belarus, the Republic of Tajikistan, the Republic of Kazakhstan, the Republic of Azerbaijan, the Kyrgyz Republic, the Republic of Armenia, and the Republic of Moldova.

According to the Eurasian Patent Convention, patentable inventions may include man-made or modified material objects or processes, including devices, methods, substances, biotechnological products, as well as the use of a device, method, substance, or biotechnological product (Art. 1 of the Rules for Drafting, Filing, and Examining Eurasian Applications at the EAPO).

The Eurasian Patent Office grants a Eurasian patent for an invention if it meets the patentability criteria:

• Novelty: the invention is considered novel if it is not part of the prior art;
• Industrial applicability: the invention is industrially applicable if it can be used in industry, agriculture, healthcare, and other areas of human activity;
• Inventive step: the invention involves an inventive step if it is not obvious to a person skilled in the art based on the prior art.

The prior art includes all information made publicly available anywhere in the world before the filing date of the Eurasian application, or, if priority is claimed, before the priority date.

In accordance with the EAPC, the following are not recognized as inventions:

1. Discoveries;
2. Scientific theories and mathematical methods;
3. Presentation of information;
4. Methods of organization and business management;
5. Conventional signs, schedules, rules;
6. Methods for performing mental acts;
7. Algorithms and computer programs;
8. Designs and layouts for buildings, structures, or land plots;
9. Solutions relating solely to the appearance of products intended to satisfy aesthetic needs.

Eurasian patents are not granted for plant varieties and animal breeds, nor for topographies of integrated circuits.

The term of a Eurasian patent is 20 years from the date of filing the Eurasian application.

Priority of a Eurasian application may be established based on the filing date of a prior invention application in any EAPC member state, provided the Eurasian application is filed within 12 months from that date.

The procedure for obtaining a Eurasian patent for an invention takes approximately 1.5 to 2 years and consists of two stages: formal examination and substantive examination.

During the formal examination, the presence and proper formatting of the documents in the Eurasian application are checked, as well as compliance with the requirements established by the Patent Regulations under the Eurasian Patent Convention (adopted by the Administrative Council of the Eurasian Patent Organization on December 1, 1995).

During the substantive examination conducted by the Eurasian Patent Office, compliance of the claimed invention with the unity of invention requirement, patentability criteria, and other regulatory requirements of the EAPO is verified. Patentability is determined based on the prior art established by a patent search.

Publication of the Eurasian application occurs 18 months after the filing date, or, if priority is claimed, from the priority date. Upon request from the applicant, the EAPO may publish the application earlier.

If the claimed technical solution meets all the patentability requirements, a decision to grant the patent is issued.

Annual maintenance fees for the Eurasian patent are paid to the Eurasian Patent Office in amounts equal to the sum of the annual fees set by each member state in which the patent holder wishes to maintain legal protection. These fees are set individually by each EAPC member state. Fee amounts can be found on the website of the Eurasian Patent Office or in the attached document — Eurasian Fees.

The cost of Eurasian patenting is calculated individually upon request.

To file a Eurasian application, the applicant must provide:

1. A complete set of invention application materials.
2. If available, patent search results.
3. The full and exact name of the applicant (individual).
4. The applicant’s address, including a mailing address for correspondence; full names and residential addresses of the inventors.
5. A power of attorney signed by the applicant authorizing the national patent attorney (form provided; notarization and legalization are not required).