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Eurasian Patent Application (EAPO)
Eurasian Patent System:
The establishment of the Eurasian patent system is the inevitable structure of the disintegration of the former Soviet Union. In 1991, due to the disintegration of the former Soviet Union, the unified national patent office collapsed. A once complete field of industrial property protection was broken, and another system that can fill this gap is bound to be established. The Eurasian patent system came into being under this background. After a short period of three years of intense planning and active operation from October 1991 to September 1994, a Eurasian patent convention open to the countries of Eurasia came into being and was formally signed by the heads of government of the CIS countries in Moscow on September 9, 1994. The purpose of the Eurasian Patent Convention is to strengthen cooperation in the field of invention protection. To establish an inter-State system to obtain a uniform legal protection of patents in force in all Contracting States. The Eurasian Patent Convention entered into force on 12 August 1995.
States Parties to the Eurasian Patent System:
There are currently nine States parties to the Eurasian patent system, all of which are CIS countries, namely Turkmenistan, Belarus, Tajikistan, the Russian Federation, Azerbaijan, Kazakhstan, Kyrgyzstan, Armenia and Moldova. These countries are close to or bordering our region, which has a far-reaching impact on China's international trade.
eurasian patent system composition:
The Eurasian Patent Organization consists of two parts, the Administrative Commission and the Patent Office, and the Administrative Commission Management Council is the administrative subject.
Reasons for choosing the Eurasian patent system to apply for a patent, I .e. the advantages of the system:
1. Its entire system is a single patent application system applicable to nine Contracting States, which can directly designate Contracting States and obtain authorization.
2. The system provides a set of reasonable costs, simple and rapid procedures for obtaining Eurasian patent rights valid in the territory of the nine above-mentioned Contracting States.
3. To file a Eurasian patent application, only the entire application document must be translated into one language (Russian). Compared with separate applications for each country, it must be translated into the official language of each country. This process is much simpler.
4. The procedure for paying annual fees after designating countries has been simplified. When a patent application obtains Eurasian patent rights, not only does the patentee not need to re-register with the patent offices in the above nine countries, but also the patentee should pay the annual fees to the patent offices of each country, and only need to pay them directly to the Eurasian Patent Office and then transfer them on its behalf.
Types of Patents in the Eurasian Patent System
The classification includes inventions, utility models or industrial designs. For inventions, they will be disclosed within 18 months, or a request for early disclosure can be made, which will enter a process of early disclosure. The substantive review procedure will be started six months after the disclosure. The substantive review procedure will be searched, and if an international search report can be submitted, a sum of money can be saved in this link.
Eurasian Patent Organization patent application mode
One is PCT and the other is direct application. At present, most of them follow the PCT process. Applications from member states of the Covenant must first apply for patents in their own patent offices. The vast majority of Eurasian patent applications are filed through the PCT process. In the three years from 1996 to 1998, it jumped from the initial 9 pieces to 967 pieces, and the number soared to more than a hundred times.
Generally speaking, it takes 18 months for a patent application to be submitted to the public, but there are also accelerated procedures that can be disclosed in advance. Since 2007, the disclosure of patent documents has been made electronically. After six months of disclosure, it has entered the stage of substantive examination. The substantive examination will examine the patentability and authorization prospect of the patent, among which there will be a national search report.
The effective time of a patent20 years after the first patent was granted,
Specific patent application procedures:
The form of patent application documents is roughly the same as that of international practice. There are claims, explanations and descriptions. However, if more than five claims are claimed, an additional fee will be charged according to the number of claims, each of which is US $14.
Within two months of submitting the application, the application fee must be paid, otherwise it will be deemed to be withdrawn. The standard language of the submitted patent documents is Russian, and documents in other languages can be submitted, but the corresponding translation fee must be paid at the same time. The final published and entered languages are all Russian. Even if the designated contracting countries are designated in the future, there is no need to translate into other languages.
An application approved as patentable by substantive examination in the Eurasian patent system must designate the country within 31 months. If the 31-month time limit is missed, a single application is required.