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WIPO - PCT Applicant's Guide EA - 欧亚专利局 (EAPO)
欧亚专利局 (EAPO)

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    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
    [MT] 本文档中使用的货币列表 :
    EUR (欧元), RUB (俄罗斯卢布), USD (美元)
    [MT] 国家和办事处信息 :
    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.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    The Office does not have any reservations, declarations, notifications or incompatibilities.
    Refer to the full list.
    [MT] 办公室关闭日期
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 组织:
    欧亚专利局 (EAPO)
    [MT] 两个字母代码 :
    EA
    [MT] 办公室名称:
    欧亚专利局 (EAPO)
    [MT] 地点:
    2 M. Cherkassky per.
    Moscow
    109012
    Russian Federation
    [MT] 邮寄地址 :
    Same as above
    [MT] 电话:
    (74-95) 411 61 50
    [MT] 电子邮件:
    info@eapo.org
    [MT] 网站地图
    [MT] 传真:
    (74-95) 621 24 23
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    Yes, provided that the delivery service is:
    DHL, Federal Express
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS
    [MT] 下列国家的国民或居民提交的国际申请的主管接收局:
    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,
    TM
    [MT] 国家立法是否限制向外国局提交国际申请?
    Refer to the Office
    [MT] 为本国指定的主管(或选定的)办事处:
    Refer to National Phase EA.

    AM,
    AZ,
    BY,
    KG,
    KZ,
    RU,
    TJ,
    TM
    [MT] 通过PCT 提供的保护类型:
    Eurasian patents
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    None
    [MT] 国际公布后的临时保护 :
    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, 66(2) of the Patent Regulations under the Eurasian Patent Convention.
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    [MT] 发明人姓名和地址必须提供的时间:
    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.
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定?
    Yes, refer to Annex L.

    [MT] 附件C -- -- 接收办公室

    [MT] 主管接收办公室为国民和居民:
    AM,
    AZ,
    BY,
    KG,
    KZ,
    RU,
    TJ,
    TM
    [MT] 国际申请可用语言提交:
    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
    [MT] 接受的语言 - 依赖于序列列表中的自由文本 :
    English,
    Russian,
    or both
    [MT] 请求书可用语言提交:
    English,
    Russian
    Number of copies required by the receiving Office if the international application is filed on paper:
    1
    [MT] 接收局是否接受以电子形式提交国际申请?
    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
    [MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?
    Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests
    [MT] 国际主管查询机关 :
    EA,
    EP,
    RU
    [MT] 国际初步审查主管机关 :
    EA,
    RU

    EP
    The Office is competent only if the international search is or has been carried out by that Office.
    Fees payable to the RO:
    [MT] 传输费用 :
    2,000 RUB
    [MT] 国际申请费:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    1,428 EUR
    1,667 USD
    [MT] 超过30张的每张费用:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    16 EUR
    19 USD
    [MT] 减免(费用表,项目4) :
    [MT] 电子提交(以字符编码格式提交请求 ) :
    215 EUR
    251 USD
    [MT] 电子提交(请求书、说明书、权利要求书和摘要以字符编码格式提交 ) :
    322 EUR
    376 USD
    [MT] 搜索费用:
    Refer to
    Annex D(EA)
    Annex D(EP)
    Annex D(RU)
    [MT] 优先权文件费 (PCT规则17.1(b ) ) :
    1,500 RUB
    [MT] 申请恢复优先权的费用 (PCT规则26之二.3(d ) ) :
    None
    [MT] 接受局是否要求代理人?
    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
    [MT] 谁可以担任代理人?
    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
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 办公室是否已放弃提交单独授权书的要求?
    是的
    [MT] 需要另行授权的特殊情况:
    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
    [MT] 办公室是否已放弃提交一般授权书副本的要求?
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    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

    [MT] 附件D - 国际查询管理局

    [MT] 下列接受局的主管国际查询机关:
    AM,
    AZ,
    BY,
    EA,
    KG,
    KZ,
    RU,
    TJ,
    TM
    Fees payable to the ISA:
    [MT] 查询费(PCT规则16 ) :
    This fee is payable to the receiving Office in the currency or one of the currencies accepted by it (refer to Annex C).
    [MT] — 此费用适用于俄语搜索
    86 CHF
    93 EUR
    9,000 RUB
    108 USD
    [MT] — 此费用适用于以英语进行的搜索
    384 CHF
    412 EUR
    40,000 RUB
    481 USD
    [MT] 附加查询费 (PCT规则40.2 ) :
    This fee is payable to the International Searching Authority and only in particular circumstances.
    [MT] — 此费用适用于俄语搜索
    9,000 RUB
    [MT] — 此费用适用于以英语进行的搜索
    40,000 RUB
    [MT] 国际检索报告中引用的文件副本的收费 (PCT规则44.3 ) :
    per page 100 RUB
    [MT] 如何获取副本:
    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
    [MT] 国际申请档案所含文件副本的费用 (PCT规则94.1之三 ) :
    per page 100 RUB
    [MT] 抗辩费(PCT规则40.2(e) ) :
    This fee is payable to the International Searching Authority and only in particular circumstances.
    3,500 RUB
    [MT] 逾期提供费 (PCT规则13之三.1(c ) ) :
    This fee is payable to the International Searching Authority and only in particular circumstances.
    4,000 RUB
    [MT] 退还条件和退还的搜索费用的数额:
    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%
    [MT] 国际搜索接受的语言 :
    English,
    Russian
    [MT] 核苷酸和/或氨基酸序列列表 的物理介质类型:
    CD-ROM, CD-R, DVD, DVD-R
    [MT] 将不会搜索的主题:
    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
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 管理局是否已放弃提交单独授权书的要求?
    是的
    [MT] 需要另行授权的特殊情况:
    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
    [MT] 管理局是否已放弃提交一般授权书副本的要求?
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    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

    [MT] 附件E - 国际初步审查机构

    [MT] 国际初步审查机构 主管以下接受局 :
    AM,
    AZ,
    BY,
    EA,
    KG,
    KZ,
    RU,
    TJ,
    TM
    [MT] 对担任国际初步审查机构的管理机构的权限是否有任何限制?
    Refer to the Office
    Fees payable to the IPEA:
    [MT] 初步审查费(PCT规则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.
    [MT] — 此费用适用于俄语考试
    6,750 RUB
    (4,500 RUB)
    [MT] — 此费用适用于以英语进行的考试
    24,000 RUB
    (16,000 RUB)
    [MT] 额外初步审查费 (PCT规则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.
    [MT] — 此费用适用于俄语考试
    6,000 RUB
    (5,000 RUB)
    [MT] — 此费用适用于以英语进行的考试
    23,500 RUB
    (19,500 RUB)
    [MT] 处理费 (PCT规则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)).
    251 USD
    [MT] 国际初步审查报告中引用的文件副本费用 (PCT规则71.2 ) :
    This fee is payable to the International Preliminary Examining Authority.
    per page 100 RUB
    [MT] 如何获取副本:
    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
    [MT] 国际申请档案所含文件副本的收费 (PCT规则94.2 ) :
    This fee is payable to the International Preliminary Examining Authority.
    per page 100 RUB
    [MT] 抗辩费(PCT规则68.3(e ) ) :
    This fee is payable to the International Preliminary Examining Authority.
    3,500 RUB
    [MT] 逾期提供费 (PCT规则13之三.2 ) :
    This fee is payable to the International Preliminary Examining Authority.
    4.000 RUB
    [MT] 预审费退还条件和退还金额:
    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%
    [MT] 国际初步审查可接受的语言 :
    English,
    Russian
    [MT] 不予审查的主题事项 :
    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
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 管理局是否已放弃提交单独授权书的要求?
    是的
    [MT] 需要另行授权的特殊情况:
    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
    [MT] 管理局是否已放弃提交一般授权书副本的要求?
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    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

    [MT] 附件L - 微生物和其他生物材料的存放

    [MT] 指定和选任办公室的要求
    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:
    Notifications related thereto may be consulted under:
    Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
    [MT] 时间(如果有) 早于 16 个月从优先权日,申请人必须提供:
    [MT] 规则13之二.3(a)㈠至㈢所规定的标记:
    Where applicant requests publication earlier than 16 months from the priority date, not later than that request
    [MT] 任何其他说明:
    At the time of filing (must be in the description)
    [MT] 除第13条之二第3款(a)项(一)至(三)目规定的说明外,根据局通知必须提供的其他说明(如有 ) :
    To the extent available to the applicant, relevant information on the characteristics of the microorganism
    [MT] 其他资料
    Deposits may also be made for the purposes of patent procedure before the Eurasian Patent Office with any depositary institution.

    [MT] 全国阶段

    [MT] 进入国家阶段的要求概要

    [MT] 进入国家阶段的适用时间限制:
    Under PCT Article 22(3): 31 months from the priority date
    Under PCT Article 39(1)(b): 31 months from the priority date
    [MT] 专利局是否允许恢复权利(PCT规则49.6 )?
    Yes, the Office permits reinstatement of rights under the “unintentional” criterion.
    Fee for reinstatement:
    70,000 RUB
    [MT] 国际申请必须翻译成以下语言之一:
    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
    [MT] 进入国家阶段的翻译必须具备以下内容:
    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.
    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)
    [MT] 在特殊情况下是否需要国际申请副本?
    [MT] 国家费用 :
    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.
    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.
    [MT] 单位程序费(申请、查询、公布及其他处理)
    70,000 RUB
    [MT] 每项索赔的索赔费用:
    [MT] 超过五个
    7,000 RUB
    [MT] 超过20
    7,500 RUB
    [MT] 50岁以上
    8,000 RUB
    [MT] 考试费用:
    [MT] 一个发明的
    70,000 RUB
    [MT] 对于一组发明,包括一项独立权利要求:
    70,000 RUB
    [MT] — 第二次独立索赔的附加费:
    40,000 RUB
    [MT] 对超过两件索赔的每件非重叠索赔的额外费用
    25,000 RUB
    [MT] 免除、减少或退还费用:
    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
    [MT] 局的特殊要求(PCT规则51之二 ) :
    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.
    [MT] 谁可以担任代理人?
    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
    [MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?
    Yes, the Office applies the “unintentional” criterion to such requests

    [MT] 国家阶段的程序

    [MT] EA.01 进入国家阶段的表格
    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.
    [MT] EA.02 翻译(更正)
    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 NP 6.002 and NP 6.003).
    [MT] EA.03 翻译文件迟交
    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.
    [MT] EA.04 指定代理人和委托书
    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.
    [MT] EA.05 费用(支付方式)
    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.
    [MT] EA.06 迟缴(国家)费用
    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.
    [MT] EA.07 索赔费
    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.
    [MT] EA.08 审查请求
    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.
    [MT] EA.09 请求审查的时限
    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.
    [MT] EA.10 核苷酸和氨基酸序列
    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.
    [MT] EA.11 申请书的修改;时限
    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.
    [MT] EA.12 赠款费
    EAPC Art. 15(10),
    EAPR Rule 47(3)

    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.
    [MT] EA.13 欧亚专利的翻译
    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.
    [MT] EA.14 欧亚专利的效力
    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.
    [MT] EA.15 欧亚专利的维护
    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).
    [MT] EA.16 年度费用
    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.
    [MT] 根据《专利法》第25条进行复审

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 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.
    [MT] EA.18 会议时间限制延误的理由

    Reference is made to paragraphs NP 6.022 to NP 6.027 of the National Phase.
    [MT] EA.19 进一步加工
    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.
    [MT] EA.20 关于权利的确定
    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.
    [MT] EA.21 恢复优先权
    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 NP 6.006 - NP 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).
    [MT] EA.22 欧亚申请的转换:时限
    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.

    [MT] 附件 1

    [MT] 附件EA.I - 收费
    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.
    [MT] 国际申请的国家费用,包括:
    [MT] (一)单项发明的单位手续费(申请、查询、公布及其他处理费)
    70,000 RUB
    [MT] (二) 对每项索赔的索赔费:
    [MT] 超过五个
    7,000 RUB
    [MT] 超过20
    7,500 RUB
    [MT] 50岁以上
    8,000 RUB
    [MT] 考试费用:
    [MT] 一个发明的
    70,000 RUB
    [MT] 对于一组发明,包括一项独立权利要求:
    70,000 RUB
    [MT] 第二件非重叠索赔的额外费用
    40,000 RUB
    [MT] 对超过两件索赔的每件非重叠索赔的额外费用
    25,000 RUB
    [MT] 欧亚专利授予费
    45,000 RUB
    [MT] 提出上诉的费用
    50,000 RUB
    [MT] 维修费
    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
    [MT] 欧亚专利申请转为国家专利申请的费用
    15,000 RUB
    [MT] 重新确立权利的费用
    70,000 RUB
    [MT] 恢复优先权的费用
    30,000 RUB
    [MT] 如何支付费用?
    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
    [MT] 表格
    The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
    Current version applicable from 2026年2月1日 , printed on 2026年2月16日