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Eurasian Patent Convention

The Eurasian Patent Convention entered in law on August 12, 1995. The main objective of the Convention is to create an multi-national, regional system of legal protection of inventions on the basis of a single Eurasian Patent, which would be binding on the territories of all states who are signatories to the Convention. To a great degree this would simplify the procedure for obtaining protective documents and make it less expensive.

The Eurasian patent system as stipulated by the Convention is largely analogous to the European patent system, which also allows applicants to submit just one application for a patent that is binding on the territories of all countries that are a part of the system.

At the present time, nine states are signatories to the Convention:

  • The Republic of Armenia
  • The Republic of Azerbaijan
  • The Republic of Belarus
  • The Republic of Kazakhstan
  • The Kyrgyzstan Republic
  • The Republic of Moldova
  • The Russian Federation
  • The Republic of Tadjikistan
  • Turkmenistan

Ukraine signed the Convention, but at present has not yet ratified it, so that the Eurasian patent is not binding in Ukraine.

Applications for a patent are submitted either directly to the Eurasian Patent Office (for applicants of signatory states to the Convention), or through a state's national patent office. This eliminates the need to submit applications and perform examinations separately in each state.

The Eurasian applications can also be submitted in accordance with the procedure in the Patent Cooperation Treaty (PCT), since the Eurasian Patent is considered "regional" under the terms of the PCT.

A Eurasian application is published by the Eurasian Office 18 months after the submission or solicited application priority. Moreover, it should be noted that from the moment the patent is published, the invention is granted temporary legal protection on the territories of all the signatory states.

An application for a Eurasian patent is submitted in Russian, but other documents may be provided in any language with their translations into Russian attached. The Eurasian application must include: an application for a Eurasian patent, specifications of the invention, the formula of the invention, blueprints or drawings and other materials that are needed to understand the essence of the invention, and an abstract. The procedure for examining applications for Eurasian patents can be divided into two stages, the first of which is a formal (document) examination and patent search; the second is the examination and ends with issuance of the patent.

The Eurasian patent is given for inventions that are new, achieve a level of invention, and have industrial application. A Eurasian patent given for a method of obtaining a product also covers the product directly produced by the method.

If a patent application is turned down, the applicant has three months after notification has been received to submit a protest to the Eurasian Patent Office. Moreover, if need be the applicant may submit a petition to the Eurasian Patent Office indicating in which signatory state of the Eurasian Patent Convention he wishes to obtain a patent by national procedures, that is, he may change a Eurasian application into a national one.

The term of validity of a Eurasian patent is 20 (twenty) years from the date the application was submitted to the Eurasian Patent Office.

A Eurasian patent may be protested and declared invalid in part or in full on the basis of the following criteria:

  • not meeting conditions of patentability;
  • the presence of substances in the formula that were not included in the original application materials;
  • incorrect indication in the patent of the inventor or patent holder.

Prosecution of applications for Eurasian patents and for maintaining their validity is conducted by Eurasian patent attorneys.

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