The Intellectual Property Forum

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.