Eurasian Patent System
The Eurasian patent system provides an opportunity for individuals and legal entities to protect the rights for their inventions based on a single Eurasian patent valid in the territory of 8 participating member states of the Eurasian Patent Convention (EAPC) - the Republic of Azerbaijan , the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, and Turkmenistan. Eurasian patents are granted for inventions created in all spheres of scientific, technical and economic activity.
To receive the Eurasian patent valid in the territory of all member countries, one Eurasian application is filed with the Eurasian Patent Office (EAPO). Russian applicants file their applications via Rospatent.
A Eurasian patent application shall be filed in Russian. Other documents may be submitted in Russian or another language with the subsequent provision of a translation into Russian.
The Eurasian patent may be obtained on the basis of an international application filed in accordance with the procedure of the Patent Cooperation Treaty (PCT).
The EAPC provides for an institute of patent agents registered with the EAPO. At the same time, residents of the participating member states may also act independently or through other representatives.
The conditions for the patentability of the invention under Eurasian law comply with the provisions of the PCT, the European Patent Convention and the laws of the developed countries of the world.
The website of the Eurasian Patent Organization contains information, including texts of regulatory documents, application forms, as well as practical recommendations for patenting of inventions within the framework of the Eurasian patent system, which are presented in Russian.
Patenting of inventions in the European Patent Office
The European Patent Office (EPO) is an intergovernmental organization which was established in 1977 on the basis of the European Patent Convention (EPC) vakid in the territory of 38 Member States . The EPO accepts, examines, and publishes applications and issues patents for inventions to provide legal protection of inventions in the territory of one, several or all participating member states. The official languages of the EPO are English, French and German. In case a European patent application is filed in any other language, for example, in Russian, you need to submit its translation into one of the official languages of the EPO within two months after filing of the application.
A peculiar feature of the European patents is that, when issued, they acquire national value in the countries for which they have been requested.
Procedure for acquisition of European patent consists of the following stages:
• formal examination;
• patent search;
• publication of the application;
• substantive examination; and
• issue of the patent and its validation in the member states.
The last stage involves submittal of a translation of the patent document into the official languages of some of the participating member states. In the event of non-implementation of this procedure, the European patent loses its effect in their territory. At the same time, the countries participating in the London Agreement refused to mandatorily provide such translation.
As a general rule, the representation of non-resident persons of the contracting states is carried out exclusively by professional representatives, the list of which is maintained by EPO during the implementation of all procedures provided by the Convention, with the exceptions stipulated by the Instruction for EPC.
An important condition for the applicant is timely payment of the necessary fees (within 31 months after filing of the application) and the submission to EPO of a qualitative and competent translation of the patent claims into two other official languages of EPO other than the language of record-keeping.
Single European Patent System
The Single European Patent System was created within the European Union on the basis of the Regulation of the European Parliament and the Council of the European Union No. 1257/2012 of December 17, 2012 to provide for the implementation of enhanced cooperation in the field of creating a single patent protection system.
The Single European Patent is understood as the European patent, which is issued in accordance with the rules and procedures of the European Patent Convention. After issue of the European patent, the patent holder may file a request for the issue of the Single European Patent, which will be valid in the territory of 25 countries.
A request for the Single European Patent to the European Patent Office will be filed free of charge in writing in the language of record-keeping, and no later than one month after recording the issue of the European Patent Certificate in the European Patent Bulletin. The translation of the description of the invention into two other official languages of the European Patent Office (English, French or German, respectively) must also be attached to the request.
The Single European Patent includes payment of a single fee to the EPO.
Information on the amount of fees related to the acquisition of the Single European Patent is available on the website of the European Commission.
Advantages of the Single European Patent:
Simpler language mode;
• Single implementation of patent rights;
• Introduction of a single court of law, whose decisions will be recognized by all countries in which the Single European Patent operates.
Regulation of the European Parliament and of the Council of the European Union No. 1260/2012 of December 17, 2012, providing for the implementation of enhanced cooperation in the field of creating a single patent protection, on the applicable translation rules (in English)
Convention on the Establishment of a Single Patent Court (in English)
Community Trademark and Registered Community Design
At the level of the European Union, legal protection is also provided for Community Trademarks (CTM) and Registered Community Designs (RCDs).
CTMs and RCDs are registered through filing of single application for the relevant object in one language in one agency and involves the payment of a unified fee, while the legal protection of registered CTM and RCD is automatically extended to the entire EU territory.
An important feature of these mechanisms is that the registration of these industrial property objects is not dependent on the national regulation of the EU member states.
The functions of examination, registration of CTM and RCD and further administration of rights to these intellectual property objects are carried out by the centralized agency of the EU - the Office for Harmonization in the Internal Market (OHIM).
The main legal documents that contain provisions for these mechanisms are the relevant directives and regulations adopted by the EU institutions, in particular: Directive 2008/95 / EC of 22.10.2008 on the approximation of the laws of the Member States on trademarks, , Council Regulation No. 207/2009 of 26.02.2009 on Community Trademarks, Directive 98/71 / EC of 13.10.1988 on the legal protection of Registered Community designs, Council Regulation No. 6/2002 of 12.12.2001 on Registered Community Designs, etc.
Information on EU regulations governing the protection systems CTM and RCD, on the practice of examination of applications and on fees can be obtained on the official website of OHIM.
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