PCT NATIONAL PHASE ENTRY
EAPO

The Eurasian patent (EAPO) is a titan among legal safeguards, extending its protective embrace over the intellectual landscapes of Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Turkmenistan. Picture it as a celestial guardian, its wingspan of legal prowess ensuring an impenetrable shield for innovation. This patent doesn't just protect; it orchestrates a symphony of legal might, rendering intellectual vulnerability a relic of the past. It's more than a shield; it's an omnipotent guardian of creative brilliance, making the very idea of vulnerability vanish in its awe-inspiring presence.

 

The major requirements and procedure to file a patent application in EAPO are mentioned below:

DEADLINE TO FILE PATENT APPLICATION

The designated period for submitting a patent application in EAPO under the framework of the Patent Cooperation Treaty (PCT) is 31 months from the earliest date of priority. 

LANGUAGE TO FILE NATIONAL PHASE APPLICATION

In the following jurisdiction, the official language for filing patent application is Russian. If the international application is in a different official language, providing a translation into Russian is mandatory. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.

EXTENSION FOR LATE ENTRY INTO NATIONAL PHASE

The deadline for submitting a patent application to the national phase cannot be extended. The deadline for submitting a patent application to the national phase is like a strict timekeeper, allowing no extensions. However, there is a small window of two months after the deadline to submit the translation with extension fee. 

REQUIREMENTS FOR FILING PATENT APPLICATION

The essential documents required for filing a national phase application include:

  • Power of Attorney: If the applicant doesn't have a residence or main business location within the territory of any State party to the Eurasian Patent Convention, they must appoint an agent. The agent will act on their behalf for matters related to the patent application.
  • Assignmet Deed: When the applicants are not the same and there's a need to transfer the priority right, this particular documnet is required. This document formally conveys the priority right from one applicant to another.

COST EXEMPTION AVAILABLITY FOR NATIONAL PHASE FILING

The unitary procedural fee gets a 25% reduction if an international search report has been established. Additionally, there's a substantial 90% reduction in the filing fee if the applicant, or each applicant in the case of multiple applicants, is a natural person who is a national or resident of any State party to the Eurasian Patent Convention. A 70% reduction applies if the applicant is a state science or educational organization of a State party to the Convention. If the applicant is a legal entity with its main office in a State party, there's a 10% reduction. Lastly, a 50% reduction is granted if each applicant is a natural person who is a national or resident of any State party to the Convention.

REQUEST FOR EXAMINATION

The Eurasian patent undergoes a substantive examination, initiated upon the applicant's request. While there's no specific form for the examination request, it must be submitted in writing, with an option to use a designated form. The request is officially considered filed only after the payment of the examination fee. To meet the deadline, applicants must request examination within six months from the publication by the International Bureau of the international search report. In exceptional cases, a grace period of two months beyond the deadline is allowed for filing the examination request, subject to an additional fee payment.

PATENT PROSECUTION HIGHWAY

Patent Prosecution Highway Program under the PCT

PCT-PPH is part of various efforts to share work among patent offices. Several agreements have been made between these offices, allowing applicants to ask for quicker processing in the national phase. This means patent examiners can use work products from each other. These work products may include:

  • A report with opinions from the organization that conducted the international search,
  • Opinions from the organization that did the international preliminary examination, or
  • A report from the international preliminary examination process in the PCT, under specific conditions.

The Eurasian Patent Office has established EAPO-JPO PPH agreements with:

  • Japan (JPO): Japan Patent Office

RENEWAL FEE

To keep a Eurasian patent in force, annual fees are obligatory. These fees must be submitted to the Eurasian Patent Office (EAPO) for each Eurasian Patent Convention Contracting State where protection is desired. Payment is due every year, starting from the grant of the Eurasian patent and no later than the anniversary of the international filing date. In case of delays, payment is still possible within a grace period of six months after the anniversary, but a 50% surcharge is applied.

PATENT TERM

The patent term for patents in EAPO is 20 years from the international filing date. The extension of patent terms varies across member states of the convention, with specific criteria for different categories. In certain member states, pharmaceutical inventions with prophylactic or therapeutic effects on humans or animals, along with chemical or biological substances for plant protection, may gain extra protection. This extension is equivalent to the period between the application filing date and the date when the competent authority grants marketing authorization in the Republic of Armenia, capped at 5 years.

Conversely, for patents related to products or production methods undergoing administrative procedures, the patent term can be extended by five years upon the patent owner's request. Importantly, this request must be submitted while the patent is still valid. Each member state aligns its patent extension policies with the nature of the patented subject matter and relevant administrative processes.

Disclaimer: The information available on this portal is solely for your kind perusal and general interest only. All the information on the portal is provided in good faith and therefore should not be relied upon or construed as a legal advice. If you find and/or encounter any errors, inaccuracies or discrepancies in such information, please write us.