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Eurasian Patent Convention (to be continued)
Posted by Anonymous . updated on 2/26/2009
I continue my topic started in the previous message.
Sergey Vinogradov (www.e-pag.com)
EXAMINATION A formal examination and a delayed substantive examination.
4.1. The formal examination is carried out one month after the filing of the application particulars in Russian language. The application is published 18 months after the filing date without full examination.
4.2. Substantive examination, including novelty and inventive level, is carried out on the applicant's or a third person's request, presented within 6 month of the date of publication of search report with payment of an examination fee, after payment of the examination fee.
The examination fee for PCT application, filed in 31 month must be paid together with basic fee at the day of filing. Late payment is possible with additional fee.
Accelerated examination is possible.
Transformation to a national application is possible
5. GRANTING
The results of the examination are communicated to the applicant within 12 months. If the Patent Office does not receive any objection within 6 months, the decision to grant is issued and the abstract of the invention published in the Official Gazette of the Patent Office. The recognition of an invention is certified by a patent document after payment of the granting fee, which covers two years annuities.
6. PROTECTION AFTER GRANTING
Beginning and duration of protection: a patent lasts 20 years from the filing date of the patent application.
Annuities: have to be paid for maintaining the patent validity, starting with the third year; grace period: 6 months. Opposition to the Patent Office's granting decision is possible within 6 months after publication of the abstract in the official gazette. Invalidation is provided for, based on unlawful grant of a patent or wrong indications of the data in the application or in the granting decision. Licences must be registered with the National Patent Offices. Compulsory licences may be accorded in case of non-working during 5 years after the date of grant, with compensation. Infringement are dealt with by the Patent Court or Civil Court.
APPENDIX
List of States members of the Convention of Paris who enjoy the tariff preferences of 80% discount under the Eurasian Patent Convention
Algeria
Argentina
Armenia
Azerbaijan
Bangladesh
Belarus
Benin
Bolivia
Bosnia & Herzegovina
Brazil
Bulgaria
Burkina-Faso
Burundi
Cameroon
Central African Republic
Chad
Chile
China
Congo
Croatia
Cuba
Czech Republic
Dominican Republic
Egypt
Estonia
Gabon
Gambia
Ghana
Gorgia
Guiana
Guinea
Guinea Bissau
Haiti
Honduras
Hungary
Indonesia
Iran
Iraq
Ivory Coast
Jordan
Kazakhstan
Kenya
Korea(North)
Kyrgyzstan
Latvia
Lebanon
Lesotho
Liberia
Lithuania
Macedonia (former Yugoslavian Republic)
Madagascar
Malawi
Malaysia
Mali
Mauritania
Mauritius
Mexico
Moldova
Mongolia
Morocco
Niger
Nigeria
Paraguay
Peru
Philippines
Poland
Romania
Russian Federation
Rwanda
Saint Kitts&Nevis
Saint Lucia
Senegal
Slovak Republic
South Africa
Sri Lanka
Sudan
Swaziland
Syria
Tadjikistan
Tanzania
Togo
Tunisia
Turkey
Turkmenistan
Uganda
Ukraine
Uruguay
Uzbekistan
Vietnam
Yugoslavia
Zaire
Zambia
Zimbabwe
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