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Legal protection usually covers only the territory of the country where the patent was issued. If there is a need to receive protection in the territory of other countries, the applicant should apply directly to a specific country or several countries. If applicant is planning to cooperate with the CIS countries, they have a possibility to obtain a Eurasian patent. The Eurasian patent allows to protect its rights simultaneously in eight participating countries of the Eurasian Patent Convention (EAPC) - Turkmenistan, the Republic of Belarus, the Republic of Tajikistan, the Russian Federation, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Azerbaijan, and the Republic of Armenia. It is worth noting that receiving of the Eurasian patent makes sense only if it is necessary to obtain legal protection in the territory of at least two countries. Otherwise, the filing of an application for a Eurasian patent does not make sense and it is worth applying in a specific country according to the national procedure.

Applications are considered by the Eurasian Patent Organization (EAPO) located in Moscow. This Organization also issues patents.

The procedure of obtaining a Eurasian patent consists of three phases:

1. Filling an application

First, the relevant application materials should be prepared and sent to the Eurasian Patent Office after having paid all the duty fees. The materials of the application consist of a description, drawings, formulas, draft s, as well as information about inventors and applicants.This stage includes a formal examination, the purpose of which is to check the documentation for proper registration. An application for a Eurasian patent is uniform for all the participating countries. . The application can be submitted in any language, however, a translation into English should be provided.

2. Public notice

Then the information is published. Thus, information about the submitted application becomes public. The meaning of the publication is the ability to file objections or protect the interests of third parties and the applicant. From the moment of publication of the information of the Eurasian patent and before payment of the maintenance fees, the patent holder is granted an exclusive right for an invention.

3. Substantive examination and grant of patent

The third stage includes substantive examination. Experienced experts from the Eurasian Patent Office carry out an examination. The purpose of the substantive examination is to find out whether the product meets the criteria of novelty, inventive level, and industrial applicability. The results of the examination are grounds for patenting or refusing to issue a patent.

The Eurasian patent can be obtained on the basis of the International Application under the PCT procedure. The duty fee can be reduced by 25% if the application contains an international search report, or by 40% if there is a report from Rospatent.

The Eurasian patent has a validity period of 20 years starting from the date of filing the application. It can be extended in the member state of the EAPC, whose legislation provides for the extension of the national patent.

Since the operating principal of patent authorities is practically the same in different countries, the need of creating a common patent organization that would receiver and register documents was gradually emerging. The tendency towards economic integration and globalization has been obvious in Europe for a long time. So sixteen countries signed the European Patent Convention which led to the creation of the European Patent Office (EPO) whose functions included pendency of application for European patent issuing. To date, the number of participating countries has increased to 36.

Under definition of design invention falls an artistic design solution which is manufactured in industrial or handicraft way. Per totality of characteristics a design solution are such criteria as originality and novelty. Essential features of design invention are defined by aesthetic or ergonomic features of products appearance such as shape, configuration of the product or its parts, ornament and combination of colors, etc.

The artistic design solution meets the criteria of novelty if prior to the priority date, the totality of its essential features was not known from the worldwide public sources.The artistic and design solution is considered original if the totality of its essential features is conditioned by the creative character. To establish the correspondence of design solution with the requirements imposed on it, a state examination should be carried out with a necessary state duty payment.

The design solution can consist of planar elements (two-dimensional) or volume element (three-dimensional). A basis of volume elements is the three-dimensional structure that determines the appearance of vials, packaging, pieces of furniture, transport, etc. Planar design solutions represent a linear-graphical ratio of elements, for example, the appearance of the label, packaging, advertising brochure, the first page of the printed edition, the pattern of fabric, carpet, etc.

Patent protects a visual comprehension of the product, its shape, expressiveness, ergonomics, composition. Protection of design solution is not provides for objects of  labile forms such as created from liquids, sand, etc., as well as industrial structures and other structures, construction facility (except small architectural forms). Legal protection is also not provided to solutions whose features are conditioned by technical function alone, those that discord with the principle of humanity and morals or specious solutions.

The patenting process takes place in several stages:

  1. First, a patent search is carried out to check the product for uniqueness, as well as to identify similar products.
  2. Compilation of application and filing an application with the Patent Office. Proper compilation of application has a very strong effect on final results. It largely determines the decision on issuing of a patent or denial. This stage requires payment of all the state duties.
  3. Then an examination as to form is carried out by Rospatent to check the satisfactory form of documents. On discovering any inaccuracies, the applicant is asked to make changes.
  4. The most significant and the longest stage is substantive examination. After this the final decision on patentability of article of manufacture is made. The applicant receives an expert opinion or decision on denial.
  5. Issuance of patent.

A patent for an design invention assigns an exclusive right, affiliates authorship and priority. Duration of patent for design invention is 15 years given the chance of prolongation for 10 more years. Effect of patent may be terminated in the event of failure to pay a patent maintenance fee.

The rights for industrial invention can be sold, transferred or licensed out which is subject to mandatory state registration in the Patent Office and publication in official edition. A patent infringer is any private person or juristic person who uses a patented design invention.

The cost of registration of trademarks

Name of service Cost Deadline Term of registration Tax
Checking the trademark for identity and similarity from 250  € 10 days --- no tax
Search by textual trademarks from 300 € 10 days --- no tax
Search by graphic trademark from 400 € 20 days --- no tax
Search by combined trademarks from 450 € 20 days --- no tax
Registration and submission of application without search in the base of trademarks from 450 € 20 days 18 month ~ 200 
Registration and filing of an application with the selection of classes of the IGTU, replies to requests, except for the preliminary refusal, without conducting a search from 300 € 20 days 18 month ~ 200 
Registration of a turnkey trademark, except for a preliminary failure from 300 € 20 days 18 month ~ 200 
Registration of a trademark from a foreign applicant from 300 € up to 1 month 18 month ~ 200 
International registration of a trademark on the basis of an existing certificate issued in Russia from 670 € up to 1 month 18 month on request
Response to preliminary failure from 670 € 15 days 2 month no tax