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INTELLECTUAL PROPERTY RIGHTS IN EAPO

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  • The Eurasian Patent Organization (EAPO) is an intergovernmental organization established in accordance with the Eurasian Patent Convention (EAPC) and intended to regulate the grant of a Eurasian patent.

  • EAPO has a total of eight (08) member states, including Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russian Federation, Tajikistan, and Turkmenistan.

  • An application for a Eurasian patent covers all Contracting States of the Eurasian Patent Convention, and a Eurasian patent is granted for all these Contracting States together.

  • A granted Eurasian patent is not validated into a bundle of national patents but is instead a single patent having a unitary legal effect in the territories of all the Contracting States. However, a granted Eurasian patent is maintained concerning each of the Contracting States by paying the annual maintenance fees to the Eurasian Patent Office for each of these States.

  • The types of patent applications that can be filed include Convention Application, PCT National Phase Application, Divisional Application, and Non-Convention Application.

  • In EAPO, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability.

  • The types of patents that can be protected include process patent and product patent.

  • The novelty grace period is six (06) months preceding the filing date.

  • Eurasian patents are valid for twenty (20) years from the date of filing of the application, subject to the payment of annual fees.

  • The annual maintenance fees must be paid before or on the anniversary of the filing date (international filing date for PCT applications) of the Eurasian patent application. The amount of the annual fees to be paid is equal to the aggregate sum of the annual fees for the maintenance of the Eurasian patent in the Contracting States for the corresponding year. The annual maintenance fees must be paid to the Eurasian Patent Office, which distributes part of the annual maintenance fees among the Contracting States and keeps the remaining part with it.

  • Post-grant opposition can be filed within six (06) months after patent publication.

  • Utility model protection is not provided under EAPO.

  • The Eurasian Patent Organization (EAPO) is an intergovernmental organization established in accordance with the Eurasian Patent Convention (EAPC) and intended to regulate the grant of a Eurasian patent.

  • EAPO has a total of eight (08) member states, including Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russian Federation, Tajikistan, and Turkmenistan.

  • An application for a Eurasian patent covers all Contracting States of the Eurasian Patent Convention, and a Eurasian patent is granted for all these Contracting States together.

  • A granted Eurasian patent is not validated into a bundle of national patents but is instead a single patent having a unitary legal effect in the territories of all the Contracting States. However, a granted Eurasian patent is maintained concerning each of the Contracting States by paying the annual maintenance fees to the Eurasian Patent Office for each of these States.

  • The types of patent applications that can be filed include Convention Application, PCT National Phase Application, Divisional Application, and Non-Convention Application.

  • In EAPO, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability.

  • The types of patents that can be protected include process patent and product patent.

  • The novelty grace period is six (06) months preceding the filing date.

  • Eurasian patents are valid for twenty (20) years from the date of filing of the application, subject to the payment of annual fees.

  • The annual maintenance fees must be paid before or on the anniversary of the filing date (international filing date for PCT applications) of the Eurasian patent application. The amount of the annual fees to be paid is equal to the aggregate sum of the annual fees for the maintenance of the Eurasian patent in the Contracting States for the corresponding year. The annual maintenance fees must be paid to the Eurasian Patent Office, which distributes part of the annual maintenance fees among the Contracting States and keeps the remaining part with it.

  • Post-grant opposition can be filed within six (06) months after patent publication.

  • Utility model protection is not provided under EAPO.