Among the various options for patenting at the international level is the consolidation of rights under the Eurasian Patent Convention (EAPC). A patent obtained under the EAPC will automatically become effective in 8 member states at once, and an application can be filed in Russian. Let's consider what conditions need to be met in order to obtain a Eurasian patent.
The member states of the EAPO include the CIS states - Russia, Belarus, Kazakhstan and a number of other countries. This means that they recognize the validity of a patent issued through the Eurasian Patent Office (EAPO), without additional confirmation through national services. Let's highlight the general rules of patenting, regulated by the EAPO:
The requirements to the application form comply with all international standards. For instance, the application for invention and utility model shall include the application, claims and description, abstract. For industrial designs, instead of claims, a set of images disclosing the solution of the appearance of the product is submitted.
Even before filing the application, it is advisable to conduct a preliminary patent search. It involves examining the information in national and international registers in order to eliminate any overlap with similar subject matter which has already been protected. You can carry out the preliminary search yourself, but the best option is to contact a patent office. Our specialists will help you quickly obtain an objective and reliable report on the uniqueness and novelty of your design, and, if necessary, make appropriate changes to the application.
To obtain a regional Eurasian patent, a single application is filed and single fees are paid. This greatly simplifies the patenting procedure, as the developer does not have to file separate applications with the patent office of each country. Consideration of the application passes through the following stages:
Granting of the Eurasian patent means that the developer acquires exclusive rights for the registered object. The technology can be implemented in its own production or it can be assigned to other persons. Under the contract of assignment the rights can be sold to a new acquirer, whereas under the license agreement the object can be transferred on a temporary basis. Transactions to dispose of a Eurasian patent must be registered through the EAPO.
The term of a Eurasian patent depends on the type of industrial property object. For example, the protection regime for an invention will be valid for 20 years without the possibility of extension. A utility model patent is valid for 10 years, and it is also impossible to extend it. For industrial designs, the Eurasian patent is issued for 5 years, but it can be extended through the EAPO until the limit of protection (25 years) expires.
Means of protection of exclusive rights can be realized in the territory of all 8 member states of the EAPO. The following remedies can be applied to infringers:
The EAPC member states coordinate their efforts to combat patent infringement on an ongoing basis, including through customs and law enforcement authorities.
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