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Eurasian Patent Convention
Posted by Anonymous . updated on 2/26/2009
Being aware of Eurasian Patent Convention is useful for all Attorneys at law, patent and trademark agents. It is available on my site www.e-pag.com Sergey Vinogradov
EURASIAN PATENT CONVENTION -
THE NEWEST PATENT CONVENTION IN THE WORLD
GENERAL INFORMATION
After the collapse of the former USSR in 1991 the single patent territory disintegrated into 15 independent states. Nevertheless, the need in cooperation in the field of intellectual property was conditioned by the historically established close scientific, technical and economic relations between the former Soviet Republics. Besides, Moscow was the place, in which the leading specialists and experts and information and documentation in the field were concentrated.
Therefore, in 1995 nine states signed the Eurasian Patent Convention.
The eight years of existence of Eurasian Patent Convention showed the following advantages:
- A single Eurasian patent may be granted and valid in the territory of all designated states;
- Only the Russian language is used for pendency, examination and publication of a EA application and a EA patent. The preceding 3 years a EA patent is valid in all contracting states free of charge.
- The single procedural fee, examination fee and maintenance fees are paid at the Eurasian Patent Office
- A single representative can be appointed by an Applicant for all states.
- Applicants from some countries enjoy with tariff preference for Application fees (see APPENDIX)
Everybody is welcome to experience obtaining a patent with the most modern patent organization that is new equipped, applicants? friendly and manned with high professionals delegated from all member-stated of the EA Convention.
Some Data about members
Contracting States Area sq. mi Area sq. km Population Capital
ARMENIA (AM) 11,506 29,800 3,426,000 Yerevan
AZERBAIJAN (AZ) 33,436 86,600 7,237,000 Baku
BELARUS (BY) 80,155 207,600 10,437,418 Minsk.
KAZAKHSTAN (KZ) 1,049,155 2,717,300 17,376,615 Akmola
KYRGYZSTAN (KG) 76,641 198,500 4,769,877 Bishkek
MOLDOVA (MD) 13,012 33,700 4,489,657 Chisinau
RUSSIAN FEDERATION (RU) 6,592,846 17,075,400 149,909,089 Moscow
TAJIKISTAN (TJ) 55,249 143,095 5,832,000 Dushanbe
TURKMENISTAN (TM) 188,456 488,100 3,859,000 Ashkhabad
Total 8,100,456 20,980,095 207,336,656
States, which signed the Convention, but not ratified yet
Georgia (GA) 26,900 69,700 5,482,000 Tbilisi
Uzbekistan (UZ) 172,742 447,400 23,089,261 Tashkent
Ukraine (UA) 233,100 603,700 51,867,828 Kiev
Total 432,742 1120,800 81,527,000
For comparison
USA 3,717,538 9,628,382 265,200,000 Washington
Canada 3,849,672 9,970,610 30,000,000 Ottawa
1. LEGISLATION
Eurasian Patent Convention, as of August 12, 1995.
Patent Regulations, in force since December 1, 1995.
Convention of Paris.
The Patent Cooperation Treaty.
II. EURASIAN PATENTS
2. GENERAL DEFINITIONS
Patentability: a patent is granted for an invention, which is new, involves an inventive step and is industrially applicable.
Patents can be granted for devices, processes, substances, strains of micro-organisms, cultures of vegetal and animal cells, and for the use of a known device, process, substance or strain for a new purpose. Chemical and pharmaceutical products, as well as diagnostic and therapy methods for human and animal treatment are patentable. Business methods and software patents are patentable in the point of view of industrial applicability.
Exceptions to protection: scientific theories, methods of economic organization and management, schedules and rules, as well as algorithms and computer programs. Solutions contrary to humanitarian principles or morality are not recognized as invention.
Novelty: an invention is new if it is not known from the prior art, nor from earlier Eurasian applications.
Unity of the invention: the application for an invention must cover one invention only, or a group of inventions forming a single inventive concept.
Applicant: natural persons or legal entities. Foreigners: enjoy the same rights as nationals, they must elect a patent agent from any country of Eurasian Convention who admitted for practice before Eurasian Paten Organization.
PROCEDURE
FILING OF APPLICATIONS
Requirements:
1. Power of Attorney. ( EAPC)
2. Specification, claims and abstract (may be filed in Russian or any other language whereby a certified Russian translation should be filed within a two-month term).
3. Drawings, if any.
4. Priority certificate, if any (to be filed within 3 months from the filing date).
5. Fee payment document (can be filed until 2 months after filing) , Schedule of fees)
Priorities - according to the Paris Convention, can be claimed until 2 months after filing.
Exhibition priority - none.
Novelty grace period -12 months before the filing or priority date, if disclosure is made by the inventor or his successor in right.
PCT application: term for entering the national phase:
31 months from the priority date (Chapter II and Chapter I);
earlier filing is possible.
Answers (1)
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eric st...
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Sergeyv,
Thank you for posting this information.
As home of some of the world's best scientific minds, and finest universities, a strong patent system is important to Russia's future.
However, I am curious. From the Swedish perspective, there is not a very positive opinion among Swedish companies about the ability to enforce patents in the Eurasian countries. Some say that it is not possibe. This may be the wrong picture based on a long history, but it is the way many people see it.
Can you provide any information which would help to counter this view?
Please understand that I am not trying to be provocative, many companies ask just this question when I advise them to seek patent protection in the Russian Federation and it would be nice to have some data to show that it is worthwhile to file patents there.
Regards,
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