PCT APPLICATIONS IN EURASIA

MainServicesPCT APPLICATIONS IN EURASIA

Three easy steps to file a PCT application to the EAPO:

Submit your filing instructions along with the PCT application number;
Complete and forward a scanned copy of the signed Power of Attorney to us;
After issuance of invoice we proceed with the filing.

To obtain patent protection in the Eurasian region, one effective way is to enter the regional phase of PCT application. This method grants the applicant a single Eurasian patent valid in 8 countries of the region: Armenia, Azerbaijan, Belarus, Russia, Kazakhstan, Kyrgyzstan, Tajikistan and Turkmenistan.

For applicants seeking protection in more than 2 of these countries, filing a Eurasian application is often the most practical choice. It simplifies the process as there is no need to pay the official fees in each particular country of the region and interact with local patent attorneys from each jurisdiction. A single Eurasian application is managed by one registered Eurasian patent attorney, with a single procedural fee paid to the Eurasian Patent Office located in Moscow, Russia. Non-regional applicants must engage with the EAPO through registered Eurasian patent attorneys.

A PCT application is considered a duly filed Eurasian application.
The patentability criteria under Eurasian legislation are consistent with PCT Regulations, European Patent Convention (EPC) and legislation of developed countries worldwide.
A Russian translation of the PCT application is required and can be submitted within 2 months from the application filing date.

Questions and Answers:

What is the time limit for filing a PCT application with the EAPO?

The deadline for filing a PCT application with the EAPO is 31 months from the priority date. The priority period is supposed to be counted from the earliest priority of the application. If the application has no priority claim, the period is counted from the international filing date.

Can the deadline for filing the PCT application with the EAPO be restored?

If the applicant requests reinstatement of the right to international application and provides convincing reasons, the Eurasian Patent Office may reinstate the application under Article 24(2) of the Patent Cooperation Treaty. Filing a reinstatement request should be effected along with the payment of the respective fee.

What is the time limit for filing a petition for substantive examination?

For international applications filed with the Eurasian Patent Office, the request for substantive examination must be filed simultaneously with the application. This deadline can be extended by 2 months upon payment of an additional fee.

Is it necessary to designate specific countries for patent protection when transferring to the regional phase?

No, it is not. The application covers all 8 member countries by default. Patent validation is not required either. Once the patent is granted, it is only necessary to pay the annuities in the countries where the patent is to be maintained.

Is translation of the application materials into national languages required?

Translation into national languages is not required. The application should be filed in Russian.

Pay the single procedural fee;
Submit a request to the Eurasian Patent Office (Our firm handles this electronically through a EAPO specialized service).

What are the official fees to be paid when filing a PCT application for the regional phase in Eurasia?

The single procedural fee for filing a Eurasian application is 50000 RUR (~540 USD) +

5500 RUR (~60 USD) for each additional claim over 5
6000 RUR (~65 USD) for each additional claim over 20
7000 RUR (~75 USD) for each additional claim over 50

The substantive examination fee is 50000 RUR (~540 USD) +

30000 RUR (~322 USD) for the second independent claim
15000 RUR (~161 USD) for each subsequent independent claim

The single procedural and substantive examination fees are reduced by 25% when the international search report is included with the application materials.