Eurasian patent Convention

Notice: Kyrgyz Republic was accede to Eurasian patent Convention of September 27, 1995

Moscow, on September 9, 1994

 

EURASIAN PATENT CONVENTION


PART I. EURASIAN PATENT SYSTEM

PART II. EURASIAN PATENT ORGANIZATION

PART III. SUBSTANTIVE NORMS OF PATENT LAW

PART IV. PROCEDURAL NORMS OF PATENT LAW

PART V. APPLICATION OF PATENT COOPERATION TREATY (PCT)

PART VI. TRANSITIONAL PROVISIONS

PART VII. MISCELLANEOUS

PART VIII. INFORMATIONAL SERVICES

PART IX. FINAL PROVISIONS

Officially certified text

 

Member states to this Convention (hereinafter referred to as Acceding states) on behalf of the Governments,

Guided by the willingness to strengthen cooperation in the field of inventions,

Seeking to create interstate system of having such protection granted on the basis of the uniform patent effective on the territory of all Acceding states,

Willing with this purpose to sign the Convention which constitutes a special agreement in accordance with Art. 19 of the Paris Convention on protection of industrial property of March 20, 1883 and the agreement on regional patent in accordance with Art. 45 (1) of the Patent Cooperation Treaty of June 19, 1970

Have agreed on following:

 

PART I. EURASIAN PATENT SYSTEM

Article 1. Foundation of Eurasian Patent System

(1) Acceding states preserving full sovereignty in part of development of their national systems of invention protection hereby shall found the Eurasian patent system.

(2) Neither provision of this Convention must be understood as limitation of rights provided by the Paris Convention on protection of industrial property, of any citizen of the country, member to Paris Convention or of the person permanently living in this country.

 

PART II. EURASIAN PATENT ORGANIZATION

Article 2. Foundation of Eurasian patent organization

(1) For the performance of administrative tasks connected with the functioning of Eurasian patent system and issuance of Eurasian patents, Eurasian patent organization shall be founded (hereinafter referred to as the Organization).

(2) All Acceding states shall be the members of the Organization.

(3) Administrative Board and Eurasian patent agency (hereinafter referred to as Eurasian agency) shall be the bodies of the Organization.

(4) Eurasian agency shall be headed by the President who shall be the supreme official of the Organization and shall represent the Organization.

(5) The Organization is intergovernmental organization which have the status of the legal person. Organization shall have in each Contracting state the legal capacity which is recognized after the legal entities in accordance with the national legislation of the given state. Organization may acquire and dispose of the movable and immovable property and protect its rights in front of the court. The location of the headquarters of Organization shall be in Moscow, Russian Federation.

(6) Russian shall be official language of Organization.

(7) Organization, authorized representatives of Acceding states and their deputies, employees of the Eurasian agency and other persons involved in the decision of the tasks of the Organization, shall have respective rights, privileges and immunities which are provided by such state to any other international organization and its employees on the territory of each of Acceding states, and on the territory of the Russian Federation are regulated by special agreement on headquarters of the Organization entered into by the Organization and the Government of the Russian Federation.

 

Article 3. Administrative Board

(1) Each of the Acceding states shall be represented in the Administrative Board. Each Contracting state shall have one vote in the Administrative Board. Quorum shall constitute 2/3 of the number of Acceding states. The decisions shall be adopted on the basis of consensus or if the consensus may not be achieved, by the simple majority of participating in voting representatives of Acceding states, except for the cases, when unanimity or majority of 2/3 of votes is provided by this Convention.

(2) Administrative Board shall be summoned for the regular meeting in each calendar year and for extraordinary meeting by the initiative of at least three Acceding states, Chairman of the Administrative Board or the President of Eurasian agency. Meetings shall be convoked by the President of Eurasian agency.

(3) Administrative Board shall:

1) approve its Procedural Rules;

2) elect the Chairman of the Administrative Board for two years subject to extension;

3) appoint the President of Eurasian agency for six years period subject to extension; terms of appointment shall be regulated in the contract between the Organization and future President;

4) recommend the President of Eurasian agency with respect to appointment of Vice Presidents of Eurasian agency by the President;

5) approve agreement on headquarters of the Organization entered into by the Organization and the Government of Russian Federation;

6) approve agreements entered into by the Organization and states and international organizations;

7) endorse by the majority of 2/3 of votes the Patent Instruction, Financial Instruction and Administrative Instruction;

8) approve by the majority of 2/3 votes annual budget, examine annual report and approve annual accounts of the Organization;

9) perform other actions directed to decision of tasks of the Organization.

(4) World Intellectual Property Organization (hereinafter referred to as WIPO) shall participate in the meetings of the Administrative Board with the right of consultative vote in accordance with the provisions of the agreement entered into by the Organization and WIPO.

 

Article 4. Eurasian Agency

(1) Eurasian agency shall perform all administrative functions of the Organization. It shall be the Secretariat of the Organization.

(2) The President of Eurasian agency shall define its structure and appoint the staff. He may participate in all meetings of the Administrative Board.

(3) Each of the Acceding states shall have its quota in the staff of the Eurasian agency which is defined by the Administrative instruction.

(4) Eurasian agency shall be located in Moscow, Russian Federation.

 

Article 5. Finance

(1) Organization is self-financing in the meaning that its expenses are covered by the fees and other revenues received by it. Neither contracting state may be obligated to pay fees to the Organization.

(2) Budget of the Organization shall be formed from the following sources:

1) gains from fees and payments for services rendered by the Eurasian agency;

2) gains from publishing activity of the Eurasian agency;

3) gifts, bequeathed moneys and subsidies transferred to the Organization;

4) rent, interests and other revenues of the Organization.

(3) Exceeded amount of income of Organization over expenses shall be used for the development of Eurasian agency.

(4) The agreement on headquarters of the Organization mentioned in Article 3(3)(5), must provide that in cases when financial means of the Organization are insufficient for its activity, the Russian Federation shall provide the Organization with advances. The size of these advances and terms on which they are provided in each case shall be the subject of separate agreements between the Organization and the Government of Russian Federation.

 

PART III. SUBSTANTIVE NORMS OF PATENT LAW

Article 6. Patentable Inventions

Eurasian agency shall issue Eurasian patent for invention, which is new, has state of art and is industrially applicable.

 

Article 7. Persons Who Have the Right to Eurasian Patent

(1) The right to Eurasian patent shall belong to the inventor or his legal successor. In this case, if the inventor is the employee, the right to Eurasian patent shall be defined in accordance with the legislation of the state where the employee has his main place of employment; if the state where the employee has a main place of employment may not be defined the legislation of that state where the employee is conducting business activity with which the employee is connected shall be applied.

(2) For the procedural purposes in the Eurasian agency the applicant shall be considered as having the right to Eurasian patent.

 

Article 8. Right of Priority

The right of priority shall be recognized in accordance with the Paris Convention on protection of industrial property.

 

Article 9. Patent Rights

(1) The owner of Eurasian patent shall posses the exclusive right to use and to allow or prohibit others to use the patented inventions.

(2) The owner of Eurasian patent may assign his right or issue licenses.

(3) After publication of the application for issuance of the Eurasian patent (hereinafter referred to as Eurasian application) temporary protection shall be granted to the applicant in accordance with the national legislation of Acceding states.

 

Article 10. Volume of Legal Protection

The volume of legal protection granted by the Eurasian patent shall be defined by the invention formula. Description and sketches shall be used for the purposes of interpreting the invention formula only.

 

Article 11. Term of Eurasian Patent

The term of Eurasian patent shall be 20 years from the date of filing Eurasian application.

 

Article 12. Compulsory Licenses

(1) Compulsory licenses for use of Eurasian patent by third persons may be issued in accordance with the Paris Convention on protection of industrial property by the competent body of the Acceding state effective on the territory of this state.

(2) Decision on issuance of compulsory license may be appealed in courts or other competent bodies of Acceding states on the territory of which compulsory license is issued.

 

Article 13. Validity of Eurasian Patent and Execution of Rights

(1) Any dispute concerning the validity of Eurasian patent in certain Acceding state or infringement of Eurasian patent in certain Acceding state shall be settled by national courts or other competent bodies of this state on the basis of this Convention and Patent Instruction. The decision shall be effective only on the territory of Acceding states.

(2) Civil or other liability shall be imposed for the infringement of Eurasian patent in each of Acceding parties similar to liability imposed for infringement of national patent.

(3) Any national court or other competent body of the Acceding state may demand that the plaintiff submits the translation of the Eurasian patent in official language of this Acceding state.

 

Article 14. Patent Instruction. Substantive Norms

Patent Instruction shall contain details pertaining to the substantive norms of patent law including, in particular, following:

(1) definition of terms of patentability of invention, including definition of novelty, state of art and industrial application as well as requirements on disclosure of invention;

(2) circumstances which do not prevent the recognition of patentability of invention;

(3) requirement of integrity of invention;

(4) definition and effect of right of priority;

(5) definition of exclusive right to patented invention;

(6) right of prior use;

(7) interpretation of invention formula;

(8) inventor’s right to be mentioned in Eurasian application and Eurasian patent;

(9) succession and other types of assignment of the right to Eurasian application or Eurasian patent;

(10) confidentiality of examination of Eurasian applications.

 

PART IV. PROCEDURAL NORMS OF PATENT LAW

Article 15. Eurasian Application and Issuance of Eurasian Patent

(1) Eurasian application may be filed:

1) to Eurasian agency with the account of provisions of subpoint;

2) of this Article;

(2) for applicants of the Acceding state, Eurasian application shall be filed through the national patent agency of the Acceding state (hereinafter referred to as National agency) if this is provided for by the legislation of this state. Eurasian application filed through the National agency shall have the same consequences as it would have if it were filed at the same day to the Eurasian agency, if it is sent to Eurasian agency within the term established by this Convention and Patent Instruction for formal examination of Eurasian application and if it finds that the application corresponds to said requirements it shall send an application to Eurasian agency for further consideration.

(2) If the Eurasian application is filed with Eurasian agency upon filing single procedural fee shall be paid to Eurasian agency for filing an application, search, publishing, and other procedural actions. If Eurasian application is filed through the National agency, upon filing, a fee shall be paid to the National agency for examination of application for its compliance with requirements of formal examination and mailing, whereas a single procedural fee is paid to Eurasian agency upon mailing Eurasian application to this agency.

(3) Eurasian agency shall check the compliance of Eurasian application with the formal requirements of the Convention and Patent instruction and shall make search for this application. The report with the results of search shall be sent to the applicant.

(4) Eurasian application shall be published by the Eurasian agency together with the report on search promptly at the expiration of 18 months from the date of its filing or if the priority is requested, from the priority date. By the applicant’s petition Eurasian agency shall publish Eurasian application earlier than the said period. In this case the report on search shall be published separately on receipt.

(5) By the applicant’s petition which must be filed to Eurasian agency after expiration of six months from the date of publication of a search report Eurasian agency shall conduct a substance examination of Eurasian application.

(6) In case of filing a petition mentioned in point (5) of this Article, a fee shall be paid for examination to the Eurasian agency..

(7) A decision on issuance of Eurasian patent shall be taken on behalf of the Eurasian agency by the collegiums each consisting of three experts who are employees on the staff of the Eurasian agency and if other procedure is not adopted unanimously by the Administrative Board, by citizens of different Acceding states.

(8) In case of disagreement with the decision of Eurasian agency on refusal to issue Eurasian patent, the applicant may within three months period from the date of receipt of notification on this refusal, file an opposition with Eurasian agency which must be considered by the collegium of Eurasian agency formed in accordance with point (7) of this Article. The composition of collegium must include at least two experts, who did not take decision on the substance of this opposition.

(9) For filing of opposition specified in point (8) of this Article, fee shall be paid to Eurasian agency.

(10) For issuance of Eurasian patent the fee shall be paid to Eurasian agency within three months from the date of receipt by the applicant of notification from the Eurasian agency of the readiness to issue Eurasian patent.

(11) With the account of provisions of Article 17, Eurasian patent shall be effective on the territory of all Acceding states from the date of its publication.

(12) Any person who has the right to be representative in front of National agency of the Acceding state and registered as a patent attorney in the Eurasian agency, may act as a representative in front of the Eurasian agency. If the applicant has no permanent place of residence or permanent location on the territory of any Acceding state he must be represented by such patent attorney. Persons with permanent place of residence or permanent location on the territory of any of acceding states may file Eurasian applications and deal with Eurasian agency both independently and through patent attorneys or representatives other than patent attorneys.

 

Article 16. Transformation of Eurasian Applications into National Patent Applications

(1) The applicant may file a petition to Eurasian agency with the indication of Acceding states where he wants to receive patent by national procedure before the expiration of six months from the date of receipt by the applicant of the refusal to issue Eurasian patent or from the date of receipt of notification from the Eurasian agency about the refusal to satisfy the opposition filed in accordance with Art. 15 (8).

(2) In each indicated in such a manner Acceding state Eurasian application in relation to which such decision was taken and which is the object of such petition shall be considered properly filled national application filed with the National agency with the same date of filing and priority date if such, as the Eurasian application with all consequences provided for by the national legislation and shall be subject to further procedure in the National agency, provided that the applicant pays required national fees to the National agency.

 

Article 17. Maintenance of Eurasian Patents in Force

(1) Fees shall be paid for maintenance of the Eurasian patent in force annually.

(2) Fees for maintenance of the Eurasian patent in force shall be paid after its issuance annually as of the date corresponding to the date of filing Eurasian application.

(3) For extension of the Eurasian patent in each Acceding state patent holder must indicate the name of each Acceding state where he seeks for extension of the patent. Such indication shall be sent to the Eurasian agency simultaneously with the payment of fee for maintenance of the Eurasian patent in force. This fee shall be paid in relation to each indicated Acceding state.

 

Article 18. Fees

(1) Fees related to the Eurasian application or Eurasian patent as well as fees for services rendered by the Eurasian agency shall be paid to the Eurasian agency and with the account of provisions of point 2 of this Article shall belong to the Organization. Fee for examination of the Eurasian application for the compliance with the requirements of formal examination and mailing indicated in Art. 15(2) shall be paid and belong to the national agency where the Eurasian application was filed.

(2) All fees for maintenance of the Eurasian patent in force shall be paid to the Eurasian agency. The proportion of shares of distribution of fees for maintenance of Eurasian patent in force between the Organization and indicated Acceding states shall be established by the Administrative Board by the majority of 2/3 of votes, provided that not less than 1/5 of the amount of fee received for each indicated by the patent holder Acceding state shall belong to the Organization; the remaining part of this fee shall be transferred to the National agency of said Acceding state.

(3) The amounts of fees for maintenance of the Eurasian patent in force in relation to each indicated Acceding state shall be established by this state, currency in which the fee must be paid for maintenance of the Eurasian patent in force shall be established by the Administrative Board.

 

Article 19. Patent Instruction. Procedural Norms

Patent instruction shall contain details concerning the Eurasian patent procedure including, in particular, following:

(1) requirements to the form and content of the Eurasian application;

(2) requirements to patent attorneys, procedure of their attestation and registration;

(3) date of filing;

(4) calculation of terms;

(5) requesting priority;

(6) currencies and the procedure for payment of fees;

(7) change or correction of Eurasian application;

(8) patent search and examination;

(9) documentation and informational services of the Eurasian agency;

(10) publication of Eurasian applications and patents;

(11) Eurasian patents registry;

(12) bulletin of Eurasian agency;

(13) terms and procedure of administrative annulment of Eurasian patents;

(14) transformation of Eurasian applications into national patent applications;

(15) application of corresponding provisions in the event of several inventors, applicants, patent holders and representatives;

(16) contacts of Eurasian agency with the applicants, patent holders, patent attorneys and other third persons and the procedure of familiarization of said persons with the documents of the Eurasian agency.

 

PART V. APPLICATION OF PATENT COOPERATION TREATY (PCT)

Article 20. Application of Patent Cooperation Treaty

Patent Cooperation Treaty and Instruction to it shall be applied in the framework of the Eurasian patent system and in case of inconsistency between them and this Convention and Instruction, the former shall be applied. The Eurasian agency shall be the receiving agency and indicated and selected agency in accordance with the Patent Cooperation Treaty, and may by the authorization of Administrative Board request for granting the status of International Search Body and Body of International Preliminary Examination in accordance with said Treaty.

 

PART VI. TRANSITIONAL PROVISIONS

Article 21. Search. Collegium

(1) By authorization of the Administrative Board, the Eurasian agency may enter into an agreement with the National or regional patent agency on performance of search on Eurasian applications by such National or regional agency where it is necessary, provided that the National or regional patent agency may perform in all or certain fields of technics searches of the same type that are performed in accordance with the Patent Cooperation Treaty.

(2) Until it is necessary, the collegium of three experts indicated in Art. 15(7), may consist of experts recommended by National agency of Acceding states.

 

PART VII. MISCELLANEOUS

Article 22. Independence of National Patent Systems

(1) This Convention shall not infringe the right of any Acceding state to issue national patents.

(2) This Convention shall not be an impediment for any Acceding state to participate independently in any international organization and to develop various forms of international cooperation in the field of protection of industrial property.

 

Article 23. Revision of the Convention

(1) This Convention may be revised by the Acceding states at any time.

(2) The issue of conference convocation of Acceding states for revision of the Convention shall be decided by the Administrative Board. It shall also decide issues on rules of the procedure and other details related to the conferences on revision.

 

Article 24. Settlement of Disputes

In case of arising of any dispute on issues of interpretation or application of this Convention the General director of WIPO by request of any of parties to the dispute shall act as a mediator for bringing the parties to the settlement of the dispute.

 

PART VIII. INFORMATIONAL SERVICES

Article 25. Distribution of Patent Information

(1) Each Acceding state shall receive bulletin of the Eurasian agency and description of Eurasian applications and patents for free.

(2) With the account of point 1 of this Article no publication of the Eurasian agency shall be distributed for free without the permission of the Administrative Board.

 

PART IX. FINAL PROVISIONS

Article 26. Signing. Effectuation of the Convention

(1) This Convention shall be signed in Russian.

(2) Membership to this Convention shall be open for any state member to the United Nations Organization connected also with the Paris Convention on the Protection of Industrial Property and Patent Cooperation Treaty. In order to become the participant of the Convention the state must either sign the Convention and transfer for storage a ratification paper or to deposit the Act of Accession.

(3) No stipulations shall be allowed in relation to this Convention.

(4) This Convention shall be effective in relation to first three states which have ratified it or acceded to it in three months after depositing for storage to the General director of WIPO the third of abovementioned documents. In relation to any other state this Convention shall be effectuated in three months after the deposit of its ratification paper or deposit of Act of Accession.

 

Article 27. Denouncement of the Convention

Any Acceding state may denounce this Convention by the way of notification directed to the General Director of WIPO. Denouncement shall be effective in six months from the day of receipt of notification by the General Director of WIPO.

 

Article 28. Depository

General Director of WIPO shall be the depository of this Convention

 

Concluded in Moscow on September 9, 1994 in one original sample in Russian.

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