Patents in Eurasia
Industrial property rights in the Eurasian region must be registered to take effect. The national patent offices of the countries in the region grant patents, design registrations, and trademarks. The registration requirements generally align with Western legislation. In several countries, it is also possible to protect an invention as a utility model, such as in Belarus, Ukraine, and Russia.
The intellectual property legislation in the Eurasian region has developed significantly since the early 1990s, when the countries established their own patent and trademark systems. Over the past decades, laws and administrative practices have been updated to meet international standards, strengthening the position of IP right holders throughout the region.
Several national patent offices, including those of Russia and Kazakhstan, conduct independent patentability searches to assess the novelty and inventive step of applications. In some countries, such as Russia, utility model applications are also subject to novelty examination, which enhances the quality and reliability of protection.
Eurasian Patent Convention (EAPC)
Russia, Belarus, Kazakhstan, Azerbaijan, Kyrgyzstan, Armenia, Tajikistan, and Turkmenistan are members of the Eurasian Patent Convention (EAPC). Applications are processed by the Eurasian Patent Office (EAPO).
The Eurasian patent system offers a unified application procedure in a single language. Applications can be submitted directly to the EAPO or through the national patent offices of the member states, providing applicants with flexibility and access to local expertise.
A granted Eurasian patent has the same legal effect as a national patent and remains in force in the selected member states by paying annual fees directly to the EAPO. No separate validation fees or translations are required, making the system a cost-effective option when protection is sought in at least two member states.
In EAPC member states, it is also possible to obtain patent protection through the national patent system, offering an alternative route for applicants who wish to protect their invention in only a specific country.
Moldova has withdrawn from the Eurasian Patent Convention. Still, the EAPO continues to handle appeals, annual fees, and other matters related to Eurasian patents or applications that were valid in Moldova and filed before 26 April 2012.
Ukraine, Georgia, and Uzbekistan are not members of the Eurasian Patent Convention, so in these countries, patent protection can only be obtained by filing a national patent application directly with the relevant national office.