Mikhailyuk, Sorokolat & Partners

Patent and Trademark Attorneys

Amendments to the Patent Instruction of the Eurasian Patent Convention

Amendments to the Patent Instruction of the Eurasian Patent Convention October, 2, 2017

Amendments to the Patent Instruction of the Eurasian Patent Convention

We would like to inform you that under the decision of the Administrative Council of the Eurasian Patent Organization of October 1, 2017, amendments and additions to the Patent Regulations of the Eurasian Patent Convention came into force. These amendments are mainly adopted to improve the procedure of registration of the Eurasian patent, and also contribute to the further development of e-management of Eurasian IP matters.

According to the official website of the Eurasian Patent Organization (EAPO), the following amendments and additions were made to the Regulations:

  • introduction of the procedure of filing comments on patentability of the claimed invention by third parties following the publication of the Eurasian application;
  • introduction of the procedure of annulation of registration of transfer of rights or mortgage of rights to a Eurasian application or a Eurasian patent and providing exhaustive list of grounds for cancellation of such registration;
  • clarifications as to the requirements for the contents of an objection to the grant of a Eurasian patent under the procedure of administrative cancellation of the Eurasian patent, types of the issued decisions decisions and the grounds for their issuance, as well as the procedure of considering an appeal and the final decision on the objection within said procedure;
  • exclusion of requirements of compulsory submission of a power of attorney issued to a Eurasian patent attorney in case of reduction of the list of states in respect of which annual fees for maintenance of the Eurasian patent continue to be paid;
  • standardization of the legal regulation of the procedure of registration of transfer of rights and mortgage of rights to the Eurasian application and a Eurasian patent;
  • changes in the form of publication of materials of Eurasian applications and Eurasian patents due to the transition to paperless workflow technologies in the Eurasian Patent Office;
  • provision as to inclusion of the information on the licensing agreements on Eurasian patents registered with the national agencies of the states parties to the Eurasian Patent Convention, as well as information on other treaties on the use of Eurasian patents registered in these states in the Register of Eurasian patents;
  • clarifications as to the terminology used in the Patent Regulations in order to ensure its consistency and to bring the names of certain rules into line with their content.

The specialists of the company "Mikhailyuk, Sorokolat and Partners" will be pleased to provide you with a wide range of IP protection services in the Eurasian region or any particular CIS country of your interest. If you have any questions, do not hesitate to contact us.