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Entering PCT application into the Eurasian national phase
General filing requirements
Deadline
The deadline for entering the Eurasian national phase is 31 months from the priority date. It
is possible to restore a prescribed term in Eurasia within 12 months from the missed deadline provided
that the corresponding fee is paid.
Substantive examination request
The substantive examination of the Eurasian application has to be requested and examination fee must be
paid simultaneously with filing of PCT application.
Power of attorney
A power of attorney should be provided with the Eurasian Patent Office within 2 months from the
filing date. Legalisation or notarisation of a power of attorney are not required.
Translation of the application
International application should be prosecuted in the Russian language. If an international application
has been filed in any foreign language the deadline for provision of Russian translation of an
application is 2 months from filing. After the expiration of this term the translation of the
application may be provided within next 2 months provided that the corresponding fee is paid.
Amendments on the national phase
Within 2 months from filing the application no official fee for amendments of the application is
stipulated. After the expiration of this term the amendments of the application can be introduced
provided that the corresponding official fee is paid. The amendments of the application can be made
before the decision to grant a patent is issued.
Patent maintenance
Payment of annuities is not stipulated for the pending patent applications. Annuities are paid only
after the grant of a patent.
The start of the payment of annual fees differs from state to state. In the Republic of
Azerbaijan, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian
Federation and the Republic of Tajikistan annual maintenance fees are payable starting from the 3rd year
of a Eurasian patent validity. In the Republic of Armenia they are payable from the 2nd year. In the
Republic of Moldova and Turkmenistan they are payable from the 1st year. The first post-grant annuities
are the annuities that are paid starting from the year when they are due counting from the filing date
till the year in which the patent was granted, including the annuity for the next year. All next
annuities are counted starting from the filing date and are paid before the beginning of the next
year.
Basic procedure of entering PCT application into the Eurasian national phase
After completion of filing procedure the application undergoes the formal examination lasting 2 months.
The substantive examination has to be requested simultaneously with filing. On condition that the
results of the formal examination are positive the substantive examination is conducted. If the
invention meets the requirements of patentability, the Notice of Allowance to grant the patent will be
issued. After payment of the registration and publication fees has be made the final decision to grant a
patent will be issued within 2-4 months. The term for payment of the prescribed fees is 4 months from
the date of issue of the Notification.
The procedure of the invention registration takes from 2 to 4 years.
The validity term of an invention patent in Eurasia is 20 years counting from the filing date.
If you have a specific question or need a cost estimate for entering PCT application into the
Eurasian regional phase please contact us.
