About patent in Eurasia
MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to patent registration in Eurasia including patent search, patent translation, filing and further prosecution of an application, patent maintenance, preparing and recordal of assignment and license agreements as well as representing applicants before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.
The Eurasian Patent is valid in 8 contracting states of the Eurasian Patent Convention, namely Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkmenistan. Thus, it is not required to perform any validation action or file a local translation provided that corresponding annual fees for the selected countries are duly paid for keeping a patent in force after its issuance.Additional information about the Eurasian patent
The validity term of a patent in Eurasia is 20 years from the filing date. For pharmaceutical patents and patents for agrochemicals it is possible to apply for extension of this term for additional 5 years. In case a patent is extended the Supplementary Protection Certificate (SPC) will be issued.
Novelty grace period is 6 months from the date of an invention information disclosure before filing an application or before the priority date thereof if claimed.
Overview of the patent registration procedure in Eurasia
After completion of the filing procedure a Eurasian patent application undergoes a formal examination lasting 2 months. A further substantive examination is conducted on condition that the results of the formal examination are positive. A substantive examination based on PCT has to be requested upon filing an application, while for conventional applications it has to be requested within 6 months from the date of an application publication. If an invention meets the requirements of patentability, the Notification of Allowance to grant the patent will be issued. The final decision to grant the patent is issued within 2-4 months after due payment of registration and publication fees. The fees shall be paid within 4 months from the date of the Notification issuance.
Overall, the procedure of patent registration in Eurasia takes from 2 to 4 years.
Foreign applicants must be represented before the Office by a registered Eurasian patent attorney.
Necessary information for filing a patent application in Eurasia
- filing instructions comprising applicant's and inventor's names, addresses and citizenships;
- a filing number and a date of a priority application or a PCT application;
- a specification with claims, abstract and drawings;
- a copy of the amendments, if any;
- a Power of Attorney simply signed and stamped by the applicant(s); legalization and notarization are not required unless it is signed by a proxy-holder. The executed PoA should be provided to the Eurasian Patent Office within 2 months from filing the application.
For conventional applications it is necessary to provide a certified copy of the priority document if priority is claimed. It may be provided to the Eurasian Patent Office within 16 months from the priority date.
The term for entering the Eurasian national phase of a PCT application is 31 months from the priority date. The term for filing a conventional patent application in Eurasia is 12 months from the priority date.
If you need further information concerning patent registration in Eurasia or quotation for filing and prosecuting of a Eurasian patent application please feel free to contact us.