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Eurasian patent system is a regional application system and provides protection in eight states which are member of the Eurasian Patent Convention. It is also possible to obtain a Eurasian patent through international means filed under PCT procedure.
Member countries of the Eurasian Regional Patent System are listed below:
|REPUBLIC OF BELARUS||KYRGYZ REPUBLIC|
|REPUBLIC OF TAJIKISTAN||REPUBLIC OF ARMENIA|
|RUSSIAN FEDERATION||REPUBLIC OF KAZAKHSTAN|
Patent registrations granted by the Eurasian Patent Office becomes valid directly in all member states. In other words, one single application provides protection automatically in all the member states of the Eurasian Patent System. Processes to be carried out after registration are once again performed from a single center and will be valid in all member states.
The procedure of the invention registration lasts from 2 to 4 years.
Eurasian Patent applications shall go through the following procedures until they reach the grant stage:
- Substantive Examination Request
- Allowance to Grant
Eurasian Patent (EAPO) Application
Applications for the Eurasian Patents are filed in Russian, whereas other documents can be submitted in any other languages as long as their Russian translations are provided in due time. Procedures for the Eurasian Patent applications are carried out by authorized patent attorneys.
As the filing of the application is completed, it undergoes formal examination within two months. If everything is in order, the substantive examination shall be conducted.
Substantive Examination Request
The request for the substantive examination must be filed within six months from the publication date of the patent application. Depending on the number of corrections demanded by the expert, examination report can be drafted more than once.
Allowance to Grant
If the invention meets the requirements of patentability, the Notification of Allowance to grant the patent is issued. After payment of the registration and publication fee the final decision to grant the patent is issued within 2-4 months. The term for payment of the prescribed fee is 4 months from the date of issue of the Notification.
Grup Ofis shall be notified of the Notification of Allowance to grant the patent application which received an examination report with positive remarks. As the registration and publication fee is paid within 4 months from the issuance date of the Notification of Allowance, the official decision to grant of the patent will be issued within 2 – 4 months.
Payments for annual fees of the Eurasian Patent Application commence after the patent registration is granted and due dates are determined in line with the application date. Once again payments for these annual fees are paid to the one single control center and rendered payments are considered as paid in all member states or in the ones which are chosen.
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