The Eurasian patent is valid in Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and Turkmenistan.

• Patent fees

Fees associated with the Eurasian PCT regional phase entry as well as other patent fees are available in the fee calculator.

• Deadline for PCT regional phase entry in Eurasia

The deadline for entering the Eurasian regional phase is 31 months from the priority date. The right to file the application may be restored in case failure to meet the deadline was unintentional and if the corresponding request is submitted and the corresponding fee is paid within 2 months from cease of the circumstances which prevented the applicant from filing or within 12 months from the deadline for Eurasian regional phase entry, whichever is earlier.

• Filing requirements in Eurasia

The official language of the Eurasian Patent Office is Russian. In case a PCT application is filed in any other foreign language the translation into Russian should be provided within two months from entering the Eurasian PCT regional phase. This term may be extended for two additional months provided that the corresponding official fee is paid. In case of entering the EAPO regional phase after a 31-month deadline, the fee for late filing of translation is required to be paid.

To obtain the filing date of the Eurasian patent application based on PCT, the following documents should be submitted:
- request to grant a patent;
- international application materials.

Legalisation or notarization of the POA form is not required. It should be filed with the Eurasian Patent Office within two months from the date of entering the Eurasian PCT regional phase. A copy is sufficient, but the original may be requested at any stage of the proceedings.

In addition, EAPO may send a notice requesting Russian translation of the title page of the priority document. 

• Examination of a PCT regional phase patent application in Eurasia

The request for substantive examination must be filed simultaneously with entering the Eurasian PCT regional phase. This term may be restored for two months by paying extra fees.

• Novelty grace period

Disclosure of the information about the invention does not disprove its novelty if said disclosure was made by the inventor, applicant or a third party that directly or indirectly obtained the information from them and if it occurred within 6 months before the filing date or the priority date if priority is claimed.

• Grant, validity term and maintenance fees

Official grant and publication fees must be paid within four months from publication of the decision to grant a patent. This term may be restored for two months by paying extra fees. Upon publication of the patent, annual maintenance fees are paid only to the Eurasian Patent Office (not in each designated country). The term for payment of annual fees differs from state to state. In Azerbaijan, Belarus, Kyrgyzstan, Russia, and Tajikistan annual fees are payable starting from the 3rd year of the Eurasian patent's validity. In Armenia, they are payable from the 2nd year. In Turkmenistan and Kazakhstan, they are payable from the 1st year.

• Duration of registration procedure

It takes an average of 2-4 years from the PCT national phase entry to get a patent granted in EAPO.

• Utility Models

Entering the Eurasian regional phase of a PCT application as a utility model is not possible.

• Representation by a patent attorney

For foreign applicants, it is necessary to perform PCT regional phase entry in EAPO with the help of a registered Eurasian patent attorney. An attorney must be registered before the Eurasian Patent Office, not before any local office of the EAPC member states.

• Note

Online Search Database for Eurasian Patents Search.

Brief summary is based on the information provided by Mikhailyuk, Sorokolat & Partners on 09.04.2024
Please contact us if the above information is not in conformity with Eurasian IP Laws