MIKHAILYUK SOROKOLAT & PARTNERS

Patent and Trademark Attorneys

PCT REGIONAL PHASE IN EURASIA

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.


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