PCT Applicant's Guide Eurasian Patent Organization EQE

GENERAL INFO
RO
ISA
IPEA
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2024, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: Eurasian Patent Office (EAPO)

EAPC: Eurasian Patent Convention of 9 September 1994

The texts may be obtained on the Internet at: https://www.eapo.org/en/documents-2/legal-protection-of-inventions/.

EAPR: Patent Regulations under the Eurasian Patent Convention

EASF: Statute on Fees of the Eurasian Patent Organization

List of currencies used in this document:

EUR (Euro), RUB (Russian rouble), USD (US dollar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Organization:

Eurasian Patent Organization

Two-letter code:

Name of Office:

Eurasian Patent Office (EAPO)

Location:

2 M. Cherkassky per.
Moscow
109012
Russian Federation

Mailing address:

Same as above

Telephone:

(74-95) 411 61 50

E-mail:

info@eapo.org

Website:

http://www.eapo.org

Facsimile:

(74-95) 621 24 23

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

Yes, within one month from the date of the transmission, if the transmitted document is the international application or a replacement sheet containing corrections or amendments of the international application

No, only upon invitation in the case of other documents

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes, provided that the delivery service is:
DHL, Federal Express

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS

Competent receiving Office(s) for international applications filed by nationals or residents of the following States:

The applicant may also choose to file with the national Office of the country of which he is a national or resident or with the IB (refer to Annex C).

AM,

AZ,

BY,

KG,

KZ,

RU,

TJ,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

Refer to National Phase EA.

AM,

AZ,

BY,

KG,

KZ,

RU,

TJ,

Types of protection available via the PCT:

Eurasian patents

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

The protection granted, if applicable, in each State party to both the PCT and the Eurasian Patent Convention is indicated under the heading “Where the designation is made for the purposes of a Eurasian patent” for such States. Refer to also Article 9(3) of the Eurasian Patent Convention and Rule 10 of the Patent Regulations under the Eurasian Patent Convention.

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

Must be in the request. If the data concerning the inventor are missing at the expiration of the time limit under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

AM,

AZ,

BY,

KG,

KZ,

RU,

TJ,

Language in which international applications may be filed:

If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).

English,

Russian

Language accepted for language-dependent free text in the sequence listing:

English,

Russian,

or both

Language in which the request may be filed:

English,

Russian

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST. 26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).

For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 21 August 2014, pages 121 et seq.

Yes, the Office accepts XML and PDF files filed using ePCT-Filing

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

Competent International Searching Authority:

EA,

EP,

Competent International Preliminary Examining Authority:

EA,

The Office is competent only if the international search is or has been carried out by that Office.

Fees payable to the RO:

Transmittal fee:

2,000 RUB

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

1,381 EUR

1,457 USD

Fee per sheet in excess of 30:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

16 EUR

16 USD

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

208 EUR

219 USD

Electronic filing (the request, description, claims and abstract in character coded format):

311 EUR

329 USD

Search fee:

Refer to
Annex D(EA)
Annex D(EP)
Annex D(RU)

Fee for priority document (PCT Rule 17.1(b)):

1,500 RUB

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

None

Is an agent required by the receiving Office?

No, if the applicant has a residence or his principal place of business in one of the States party to the Eurasian Patent Convention
Yes, if the applicant has neither a residence nor his principal place of business within the territory of one of those States

Who can act as agent?

Any legal practitioner qualified to practice in patent matters in one of the States party to the Eurasian Patent Convention and inscribed in the register of patent attorneys kept in the Office

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated on the request form at the time of filing

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated on the request form at the time of filing

Annex D - International Searching Authority

International Searching Authority competent for the following Receiving Offices:

AM,

AZ,

BY,

EA,

KG,

RU,

TJ,

Fees payable to the ISA:

Search fee (PCT Rule 16):

This fee is payable to the receiving Office in the currency or one of the currencies accepted by it (refer to Annex C).

— This fee applies to searches carried out in Russian

88 CHF

91 EUR

9,000 RUB

99 USD

— This fee applies to searches carried out in English

391 CHF

406 EUR

40,000 RUB

441 USD

Additional search fee (PCT Rule 40.2):

This fee is payable to the International Searching Authority and only in particular circumstances.

— This fee applies to searches carried out in Russian

9,000 RUB

— This fee applies to searches carried out in English

40,000 RUB

Fee for copies of documents cited in the international search report (PCT Rule 44.3):

per page 100 RUB

How to obtain copies:

The applicant receives, together with the international search report, a copy of each document containing non-patent literature cited in the report, free of charge

Applicants and designated (elected) Offices can request copies by e-mail at:
info@eapo.org

Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):

per page 100 RUB

Protest fee (PCT Rule 40.2(e)):

This fee is payable to the International Searching Authority and only in particular circumstances.

3,500 RUB

Late furnishing fee (PCT Rule 13ter.1(c)):

This fee is payable to the International Searching Authority and only in particular circumstances.

4,000 RUB

Conditions for refund and amount of refund of the search fee:

Money paid by mistake, without cause, or in excess, will be refunded

Where the international application is withdrawn or is considered withdrawn, under PCT Article 14(1), (3) or (4), before the start of the international search:
refund of 100%

Where the Authority benefits from an earlier search, carried out in respect of an earlier application by the Authority itself or by another International Searching Authority, depending upon the extent to which the Authority benefits from that earlier search:
refund of 25% to 75%

Languages accepted for international search:

English,

Russian

Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings:

CD-ROM, CD-R, DVD, DVD-R

Subject matter that will not be searched:

The subject matter specified in items (i) to (vi) of PCT Rule 39.1 with the exception of any subject matter searched under the patent grant procedure in accordance with the provisions of the Eurasian Patent Convention

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated on the request form at the time of filing

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated on the request form at the time of filing

Annex E - International Preliminary Examining Authority

International Preliminary Examining Authority competent for the following Receiving Offices:

AM,

AZ,

BY,

EA,

KG,

RU,

TJ,

Fees payable to the IPEA:

Preliminary examination fee (PCT Rule 58):

This fee is payable to the International Preliminary Examining Authority.

The amount in parentheses applies where the international search report was prepared by the Eurasian Patent Office.

— This fee applies to examinations carried out in Russian

6,750 RUB

(4,500 RUB)

— This fee applies to examinations carried out in English

24,000 RUB

(16,000 RUB)

Additional preliminary examination fee (PCT Rule 68.3):

This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.

The amount in parentheses applies where the international search report was prepared by the Eurasian Patent Office.

— This fee applies to examinations carried out in Russian

6,000 RUB

(5,000 RUB)

— This fee applies to examinations carried out in English

23,500 RUB

(19,500 RUB)

Handling fee (PCT Rule 57.1):

This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

219 USD

Fee for copies of documents cited in the international preliminary examination report (PCT Rule 71.2):

This fee is payable to the International Preliminary Examining Authority.

per page 100 RUB

How to obtain copies:

The applicant receives, together with the international preliminary examination report a copy of each document containing non-patent literature not cited in the international search report, free of charge

Applicants and elected Offices can request copies by e-mail at:
info@eapo.org

Fee for copies of documents contained in the file of the international application (PCT Rule 94.2):

This fee is payable to the International Preliminary Examining Authority.

per page 100 RUB

Protest fee (PCT Rule 68.3(e)):

This fee is payable to the International Preliminary Examining Authority.

3,500 RUB

Late furnishing fee (PCT Rule 13ter.2):

This fee is payable to the International Preliminary Examining Authority.

4.000 RUB

Conditions for refund and amount of refund of the preliminary examination fee:

Money paid by mistake, without cause, or in excess, will be refunded

In the cases provided for under PCT Rule 58.3:
refund of 100%

If the international application or the demand is withdrawn before the start of the international preliminary examination:
refund of 100%

Languages accepted for international preliminary examination:

English,

Russian

Subject matter that will not be examined:

The subject matter specified in items (i) to (vi) of PCT Rule 67.1 with the exception of any subject matter examined under the patent grant procedure in accordance with the provisions of the Patent Regulations under the Eurasian Patent Convention

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated on the request form at the time of filing

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated on the request form at the time of filing

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

Where applicant requests publication earlier than 16 months from the priority date, not later than that request

— any additional indications:

At the time of filing (must be in the description)

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, relevant information on the characteristics of the microorganism

Additional information

Deposits may also be made for the purposes of patent procedure before the Eurasian Patent Office with any depositary institution.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished or paid within two months from the expiration of the time limit applicable under PCT Article 22 or 39(1) or within two months from the date on which the applicant files a special request for early entry into the national phase.

Russian

Required contents of the translation for entry into the national phase:

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

National fees:

Must be paid within the time limit applicable under PCT Article 22 or 39(1).

This fee is reduced by 90% where the applicant or, if there are two or more applicants, each applicant is a natural person who is a national or resident of any of the States party to the Eurasian Patent Convention, by 70% where the applicant or, if there are two or more applicants, each applicant is a state science or a state educational organization of any of the States party to the Eurasian Patent Convention, by 10% where the applicant or, if there are two or more applicants, each applicant is a legal person with a principal place of business in any of the States party to the Eurasian Patent Convention and by 50% where the applicant or, if there are two or more applicants, each applicant is a natural person who is a national or resident of any of the states listed on the Office’s website at: https://www.eapo.org/?p=8566.

Unitary procedural fee (for filing, search, publication and other processing)

50,000 RUB

Claim fee for each claim:

— in excess of five

5,500 RUB

— in excess of 20

6,000 RUB

— in excess of 50

7,000 RUB

Examination fee:

— for one invention

50,000 RUB

— for a group of inventions including one independent claim:

50,000 RUB

— additional fee for the 2^nd independent claim:

30,000 RUB

— additional fee for each independent claim in excess of two claims

15,000 RUB

Exemptions, reductions or refunds of fees:

The unitary procedural fee is reduced by:

— 40% where an international search report has been established by the EAPO

—25% where an international search report has been established by an Office acting as an International Searching Authority under the РСТ

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Name and address of the inventor if they have not been furnished in the “Request” part of the international application

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Appointment of an agent if the applicant has neither a residence nor his principal place of business within the territory of one of the States party to the Eurasian Patent Convention

Instrument of assignment of the priority right where the applicants are not identical

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Who can act as agent?

The list of registered patent attorneys may be obtained on the Internet at: http://www.eapo.org/en/attorneys.php.

Any legal practitioner qualified to practice in patent matters in one of the States party to the Eurasian Patent Convention and inscribed in the register of patent attorneys kept in the Office

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies the “unintentional” criterion to such requests

The procedure in the national Phase

EA.01 FORM FOR ENTERING THE NATIONAL PHASE

The EAPO has available a special form for entering the national (regional) phase (refer to Annex EA.II) which can also be obtained on the Internet at: https://www.eapo.org/wp-content/uploads/2023/03/int2016.pdf. This form should preferably (but need not) be used.

EA.02 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

EA.03 LATE FURNISHING OF THE TRANSLATION

EAPR Rule 211(6), EAPR Rule 71(3)
If the translation of the international application has not been furnished within the 31-month time limit applicable under PCT Article 22(3) or 39(1)(b), it may still be furnished within a period of grace of two months from the expiration of the applicable time limit. The applicant shall have the right, within two months following the date of expiration of the initial two-month period, to furnish the translation, provided that an additional fee is paid.

EA.04 APPOINTMENT OF AN AGENT AND POWER OF ATTORNEY

EAPC Art. 15(12), EAPR Rule 30
Natural and legal persons having their residence or their principal place of business within the territory of one of the EAPC Contracting States may act on their own behalf or through representatives, who need not be patent agents, in proceedings before the EAPO. Natural and legal persons having neither a residence nor their principal place of business within the territory of any of the EAPC Contracting States must be represented by an agent entitled to practice before the EAPO (refer to the Summary, “Who can act as agent?”). The list of registered patent agents is available upon request from the EAPO or can be obtained on the Internet at http://www.eapo.org/en/attorneys.php. A model of a power of attorney is given in Annex EA.III. In case of failure to appoint an agent within two months from the expiration of the time limit applicable under PCT Article 22(3) or 39(1)(b), if required, the applicant will be invited by the EAPO to do so within four months following the date of expiration of the initial two-month period, provided that an additional fee is paid.

EA.05 FEES (MANNER OF PAYMENT)

EAPC Art. 18, EAPR Rule 40(1)
The manner of payment of fees indicated in the Summary and in this Chapter is outlined in Annex EA.I.

EA.06 LATE PAYMENT OF (NATIONAL) FEES

EAPR Rule 71(3), EASF Rule 2(1)(iv)
If the unitary procedural fee indicated in the Summary has not been paid within the time limit applicable under PCT Article 22(3) or 39(1)(b), payment can still be made together with a 50% surcharge for late payment within a period of grace of two months from the expiration of the applicable time limit.

EA.07 CLAIM FEE

EAPR Rule 24(7)
The claim fee must be calculated on the basis of the number of claims existing on entry into the national phase (that is, where amendments have been filed, the claims as amended under PCT Article 19 or 34(2) or the claims as submitted by the applicant under PCT Article 28 or 41 upon entering the national phase), unless the applicant has used the opportunity to amend the claims according to EAPR Rule 49(2) or 71(5) (refer to paragraph EA.11), the claims thus amended being then used as the basis for calculation of the claim fee and for further proceedings. Where the applicant fails to pay the correct amount of the claim fee, the EAPO will invite him to pay the missing amount within a period fixed in the invitation.

EA.08 REQUEST FOR EXAMINATION

EAPC Art. 15(5), EAPR Rule 46
The Eurasian patent is granted only after substantive examination, which starts only at the request of the applicant. There is no special form for requesting examination but the request must be made in writing. The request may be made by using the form referred to in paragraph EA.01 (refer to Annex EA.II). The request for examination is considered to have been filed only after the examination fee has been paid.

EA.09 TIME LIMIT FOR REQUESTING EXAMINATION

EAPC Art. 15(5), EAPR Rule 46(1)
Examination must be requested within six months from publication by the International Bureau of the international search report or before the expiration of the time limit applicable under PCT Article 22(3) or 39(1)(b) (31 months), whichever time limit expires later. The request for examination may still be validly filed within a period of grace of two months from the expiration of the applicable time limit, provided that an additional fee is paid.

EA.10 NUCLEOTIDE AND AMINO ACID SEQUENCES

EAPR Rule 23(8)
If, at the expiry of the 31-month time limit applicable under PCT Articles 22(3) and 39(1)(b), a sequence listing does not comply with the Standard contained in Annex C of the Administrative Instructions under the PCT, or has not been filed on the prescribed electronic data carrier (disc), the applicant will be invited to file a sequence listing complying with the prescribed standard or on the prescribed data carrier.

EA.11 AMENDMENT OF THE APPLICATION; TIME LIMITS

EAPR Rules 49(2), EAPR Rules 49(3), EAPR Rule 71(5)
The applicant may make amendments to the documents of the Eurasian application in the form of additions, clarifications or corrections. Any amendments or corrections to the Eurasian application proposed by the applicant shall be made after the payment of the prescribed fee. The addition and clarification of the description, the claims, as well as the drawings shall be permitted unless exceeding the application documents as originally filed and changing the subject matter of the claimed invention. The addition, clarification or correction of the description and claims, as well as of the drawings or in other graphic elements of a Eurasian application shall be permitted only where these data were present in drawings or other graphic elements of a Eurasian application on the filing date, as well as in claiming priority, and where drawings and graphic elements present identical data.

Subject to EAPR Rule 47(3), amendments to the claims shall be accepted before the date of notification to the applicant on readiness to grant the Eurasian patent or before the date of the decision to refuse the grant a Eurasian patent. Amendments to the description of the invention and, if necessary, to the drawings shall be accepted before the date of the decision to refuse the grant of the Eurasian patent or the decision on its grant in relation to the Eurasian application. After the date of the abovementioned decisions amendments to the claims and, if necessary, to the description and drawings shall be accepted only in case of filing an appeal against refusal to grant the Eurasian Patent under EAPR Rule 48(1) or a notice of opposition to the Eurasian Patent under EAPR Rule 53(1).

Correction of technical and obvious errors in the documents of the Eurasian application shall be accepted at any stage of its examination. The amendment of the claims shall be permitted in disclosing the invention in a Eurasian application. The inclusion in the claims of additional claims at any stage of the examination shall be accompanied by payment of a prescribed additional fee for each dependent or independent claim included in the claims. If the amendments or corrections are made within the two-month period from the expiration of the time limit under PCT Article 22(3) or 39(1)(b), there is no need to pay the prescribed fee for amendment.

EA.12 FEE FOR GRANT

EAPC Art. 15(10), EAPR Rule 51(1)
A fee for grant must be paid within four months from the date of transmittal to the applicant of the notice from the EAPO of its intention to grant the Eurasian patent. If the fee is not paid within the said time limit, granting and publication of the Eurasian patent will not take place and the corresponding Eurasian application will be considered withdrawn.

EA.13 TRANSLATION OF EURASIAN PATENT

EAPC Art. 13(3)
No translation of the Eurasian patent into the languages of the EAPC Contracting States is required after the grant of the Eurasian patent. A translation should be furnished only by the plaintiff to a national court or other competent national authority upon the latter’s request in connection with a litigation procedure in a given EAPC Contracting State. Any decision of a court or other national authority in respect of the Eurasian patent has effect only in the territory of that Contracting State.

EA.14 EFFECT OF EURASIAN PATENT

EAPC Art. 17(3)
Upon grant, the Eurasian patent has effect in the territory of all EAPC Contracting States from the date of its publication by the EAPO. Its effect may, however, be discontinued at any time in any State through non-payment of the corresponding national annual maintenance fee.

EA.15 MAINTENANCE OF EURASIAN PATENT

The owner of a Eurasian patent must designate, by name, each EAPC Contracting State in which he wishes the effect of the Eurasian patent to be maintained. The designation concerned must be addressed to the EAPO and must be made at the same time as the corresponding annual fee is paid (refer to next paragraph).

EA.16 ANNUAL FEES

EAPC Art. 17, EAPC Art. 18(3), EAPR Rule 40(7), EASF Rule 10
The maintenance of a Eurasian patent is subject to the payment of annual fees. Such fees must be paid to the EAPO in respect of each EAPC Contracting State in which the applicant wishes to maintain protection. The fees are payable every year, following the grant of the Eurasian patent, not later than on the anniversary of the international filing date. Payment can still be made together with a 50% surcharge for late payment within a period of grace of six months computed from the said anniversary.

EA.17 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the EAPO denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged with the EAPO.

EA.18 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2)
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

EA.19 FURTHER PROCESSING

EAPR Rule 37, EASF Rule 8(1)
Further processing of the application may be requested where the applicant has missed a time limit during the international or the national phase in respect of which further processing is not ruled out under EAPR Rule 37(4). If the request is granted, this has the effect that the legal consequence of the failure to observe the time limit is deemed not to have ensued. It must be made by completing the omitted act, as applicable, and payment of the fee for further processing within two months from the expiration of the time limit which has not been observed.

EA.20 RE-ESTABLISHMENT OF RIGHTS

PCT Rule 49.6, PCT Rule 82bis, EAPR Rule 39, EASF Rule 8(2)
Re-establishment of rights may be requested where the applicant lost his rights because he was unable to observe a time limit during the international phase or before the EAPO. The EAPO reinstates the rights if it finds that any delay in meeting that time limit was unintentional. A request for re-establishment must be filed in writing within two months from the removal of the cause of non-compliance with the time limit but not later than 12 months from the expiration of the time limit which has not been observed whichever time limit expires earlier. The right to the Eurasian patent lost by non-payment of maintenance fees may be reestablished on the request of the patent owner, filed prior to the expiry of a 3-year period, starting from the date of expiry of the period for payment of the maintenance fees which are due. Within the said time limits, the omitted act must be completed, the fee for re-establishment of rights (refer to Annex EA.I) must be paid and the request must state the grounds on which it is based and must set out the facts on which it relies. However, re-establishment of rights is not applicable to the time limits for requesting the re-establishment of rights or restoration of priority right as well as for the time limit for payment of the additional fee for a six-month period of grace for the payment of the annual fees for maintenance of the Eurasian patent and the time limit for filing with the EAPO a notice of opposition against a granted Eurasian patent.

EA.21 RESTORATION OF THE RIGHT OF PRIORITY

PCT Rule 49ter, EAPR Rule 6(1)
Where the international application was filed within two months from the end of the period for claiming priority on an earlier application, a request for restoration of the right of priority may be made to the EAPO in accordance with the national law (refer to National Phase, paragraphs 6.006 - 6.011). For the request to be granted, the EAPO must be satisfied that the failure to file the application within the 12-month priority period was unintentional. A fee for the restoration of the right of priority must be paid (refer to Annex EA.I).

EA.22 CONVERSION OF EURASIAN APPLICATION: TIME LIMIT

EAPC Art. 16, EAPR Rule 60, EASF Rule 4(2)
If the applicant receives a notice of refusal to grant a Eurasian patent or a notice of final refusal in appeal, he has the right to file a request with the EAPO designating those EAPC Contracting States in which he wishes to obtain national patents according to the applicable national procedures. There is no special form for such request. The request must be filed before the expiration of six months from the date on which the applicant receives notification of the refusal to grant a Eurasian patent or of the decision to reject the appeal.

EA.23

EAPC Art. 16(2)
The Eurasian patent application in respect of which the conversion has been made will be treated in each EAPC Contracting State in which national protection is sought as a regular national application filed with its national patent Office and having the filing date and the priority date, if any, of the Eurasian application. The application will be further processed by the national patent Offices concerned, provided that the applicant pays any prescribed national fees to the said patent Offices.

Annexes

Annex EA.I - Fees

Fees are subject to periodical changes. For the currently applicable amounts of fees, reference should be made to the Statute on Fees of the Eurasian Patent Organization. Fees are reduced by 90% where the applicant or, if there are two or more applicants, each applicant is a natural person who is a national and resident of any of the States party to the Eurasian Patent Convention, by 70% where the applicant or, if there are two or more applicants, each applicant is a state science or a state educational organization of any of the States party to the Eurasian Patent Convention, by 10% where the applicant or, if there are two or more applicants, each applicant is a legal person with a principal place of business in any of the States party to the Eurasian Patent Convention and by 50% where the applicant or, if there are two or more applicants, each applicant is a natural person who is a national or resident of any of the states listed on the Office’s website at: https://www.eapo.org/?p=8566.

National fee for an international application, comprising:

(i) unitary procedural fee (for filing, search, publication and other processing) for one invention

50,000 RUB

(ii) claim fee for each claim:

— in excess of five

5,500 RUB

— in excess of 20

6,000 RUB

— in excess of 50

7,000 RUB

Examination fee:

— for one invention

50,000 RUB

— for a group of inventions including one independent claim:

50,000 RUB

— additional fee for the second independent claim

30,000 RUB

— additional fee for each independent claim in excess of two claims

15,000 RUB

Fee for grant of a Eurasian patent

30,000 RUB

Fee for lodging an appeal

30,000 RUB

Maintenance fees

The amounts of the fees for maintenance of a Eurasian patent with respect to each State party to the Eurasian Patent Convention are as fixed by each State. These fees are payable to the Office for each State in which the patent owner wishes the effect of the patent to continue, in each of the years following the grant by the anniversary of the international filing date.

Reduced tariffs according to Rule 40(4) EAPR are not applicable.

amount equal to the sum of the fees payable for maintaining the Eurasian patent for the EAPC Contracting States concerned

Fee for conversion of a Eurasian application into a national patent application

8,000 RUB

Fee for re-establishment of rights

35,000 RUB

Fee for restoration of the priority right

20,000 RUB

How can payment of fees be effected?

1. Payments should be effected in Russian Roubles. They may also be made in US dollars or euro for the equivalent amounts according to the official exchange rate set by the Central Bank of the Russian Federation on the date of payment

2. All fees, including maintenance fees, are payable to the Eurasian Patent Organization

3. All payments must indicate the complete application number (regional, if already known; international, if the regional number is not yet known), the name of the applicant and the type of fee being paid

4. Fees may be paid (mentioning the Eurasian Patent Organization as beneficiary) to the following accounts:

(a) For payments in USD or EUR:

Account No. in USD
40807840400010006521

Account No. in EUR
40807978900011675080

at UNICREDIT BANK
9 Prechistenskaya Emb.
Moscow, 119034
Russian Federation

SWIFT
IMBKRUMM

Beneficiary
The Eurasian Patent Organization

Account No. in USD
40807840600000000374

Account No. in EUR
40807978500000000456

at AO RAIFFEISENBANK
Troitskaya str.
17 Bldg.1
Moscow
Russian Federation

SWIFT
RZBMRUMM

Beneficiary
EVRAZIISKAYA PATENTNAYA ORGANIZATSIYA

Account No. in USD
11817079700502

Account No. in EUR
11817079700501

at ID BANK CJSC
0010
13 Vardanants str.
Yerevan
RA

SWIFT
ANIKAM22

Beneficiary
The Eurasian Patent Organization

(b) For payments in RUB:

Beneficiary
The Eurasian Patent Organization INN 9909057949
KPP 773863001

Bank code
AO UniCredit Bank Moscow

Beneficiary account
40807810400010493672

Correspondent bank account
30101810300000000545

BIC number
044525545

Beneficiary
The Eurasian Patent Organization

INN 9909057949
KPP 773863001

Bank code
AO Raiffeisenbank Moscow

Beneficiary account
40807810100001302954

Correspondent bank account
30101810200000000700

BIC number
044525700

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex EA.II - National processing request form

Annex EA.III - Power of attorney

Processing

EA - Eurasian Patent Organization
Eurasian Patent Office (EAPO)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex D - International Searching Authority

Annex E - International Preliminary Examining Authority

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

EA - Eurasian Patent Organization Eurasian Patent Office (EAPO)

Error Information Warning Confirmation

EA - Eurasian Patent Organization
Eurasian Patent Office (EAPO)