Filing of application
A Eurasian patent may be applied for on the basis of a direct Eurasian application (under the EAPC) (after the priority national application or without priority national application) or on the basis of an international patent application (Eurasian-PCT phase).
- If the priority national application is filed, the Eurasian Patent application must be filed within 12 months from the priority national application date.
An applicant can claim multiple priorities, even if they originate from different countries. In this case, time limits which run from the date of priority are calculated from the earliest priority date. Where priority is claimed on the grounds of a previous application, the applicant must indicate the filing date of the previous application, its number and the name of the receiving office.
In order to avoid the loss of rights with regards to the priority, the priority documents must be provided no later than 16 months after the earliest priority date. Where the previous application is in a language other than Russian, its translation into Russian must be submitted to the EAPO only at request of the EAPO in cases where proof of priority is necessary for determining patentability.
- If a PCT (International patent application) is filed before a Eurasian patent application, then the Eurasian Patent application must be filed within 31 months from the international filing date or from the earliest priority date, where the priority has been claimed..
Where to file:
Eurasian patent applications must be filed to the EAPO.
Applicants from the contracting countries file their applications in the national patent offices in their countries, if this is possible according to their country’s law.
Where an application is filed with the Eurasian Office, the required materials may be submitted either directly to the Office, or mailed or faxed. When the documents are sent by fax, the originals must be submitted within 1 month of the date of receipt of the faxed application.
Eurasian patent applications must contain:
- Request for the grant of the Eurasian patent;Requests should be made in the Russian language using a special form approved by the EAPO which can be downloaded at: http://www.eapo.org/ru/documents/blanks/ .
The request form must be filled out in its entirety and signed by the applicant or his representative. Where the request is signed in the name of a legal person, the signature must be accompanied by the indication of the signer’s post.
The request shall contain:
- a petition for the grant of a Eurasian Patent for the invention;
- the title of the invention;
- the family name, given name, patronymic, if any, and/or title of the applicant, address and other relevant data;
- the family name, given name, patronymic, if any, and other data concerning the inventor;
- address for correspondence.
In appropriate cases, the request for the grant of a Eurasian Patent shall contain:
- the priority claim,
- a statement to the effect that the Eurasian application is filed as a divisional Eurasian application with reference to the number of the initial application;
- a statement of the grounds giving rise to the right to file the Eurasian application.
- Description of the invention;The description must describe the invention clearly and completely enough for a person skilled in the art to be able to carry it out.
The description shall contain:
- the title of the invention as it appears in the request for the grant of a Eurasian patent (The title shall state its purpose and shall correspond to the subject matter thereof. The title shall be clear and short (preferably not more than ten words) and shall not contain any fanciful denominations);
- a specification of the technical field to which the invention relates (Where there are several such fields, only the principal fields of application shall be specified);
- indication of the background art (There should be provided the information on similar inventions known to the applicant, preferably setting apart the solution that is closest to the claimed invention in the expression of its essential features (prototype));
- disclosure of the invention ( The Eurasian application contains a disclosure of an invention relating to a sequence of nucleotides and/or amino acids, the description of the invention shall contain this sequence, submitted on a machine-readable information carrier in accordance with the procedure established by the President of the EAPO);
- a list of the figures in the drawings and other material, if any; (there the drawings should be briefly described. Where other material disclosing the subject matter of the invention is attached, its contents should be briefly described).
- information supporting the possibility of carrying out the invention (there it should be explained how the technical result can be achieved if it is not readily apparent from the subject matter of the invention).
The description creates the basis for the claims.
- Claims;The claims in particular need to be drafted with skill, as they are the most important aspect of a patent.
A claim defines the essence of the invention, the extent of protection being sought and must be fully supported by the description.
A claim may comprise two clearly defined parts, a first one designating the features which the invention shares with its closest analogue or prototype (the limiting part), and a characterising part, designating the features which distinguish the invention from its closest analogue.
There are two types of claims: independent claims and dependent claims.
An independent claim can relate to one invention only. The claims may include several independent claims, each corresponding to an invention in respect of which protection is sought, as well as claims dependent on them. All dependent claims relating to the same independent claim must be grouped together sequentially to it.
Claims incurring fees:
The number of claims contained in an invention shall be taken into account when calculating the fee for filing a Eurasian application.
The unitary procedural fee shall be taken into account in relation to the first 5 claims of an invention. A prescribed fee (3200 roubles) shall be paid for each claim beyond the 5th claim.
- Drawings referred and any other materials essential to the understanding of the inventionThe application may also contain drawings and/or other graphics (that is, drawings as such, diagrams, graphs, blueprints, sketches, oscillograms, etc.) facilitating the disclosure of the invention. Such a form of representation is useful additional information to the description, particularly if it illustrates the features of the invention. These may be furnished as part of the description or as an independent document filed with the application. In this latter case the material is purely illustrative and cannot normally be used as a source of information for phrasing and amending the claims.
Reference signs not mentioned in the description shall not appear in the drawings, and vice versa.
- Abstract.The abstract is useful for information purposes, and should constitute a concise summary of the description. It should be preceded by the title of the invention and contain a brief description of the technical field to which the invention pertains, of the state of the art and of the technical effect achieved by it. The essence of the invention should be presented as a rewording of the claim, retaining all the essential features of the invention. If necessary, the abstract may include a drawing or other explanatory matter. The abstract cannot exceed 150 words in length.
- Proof of payment of a unitary administrative fee (with the copy)
- A power of attorney (with the copy)