MIKHAILYUK, SOROKOLAT & PARTNERS Patent and Trademark Attorneys ISO 9001 CERTIFIED
MIKHAILYUK, SOROKOLAT & PARTNERS Patent and Trademark Attorneys ISO 9001 CERTIFIED


INTELLECTUAL PROPERTY NEWS



July 21, 2016
PCT-PPH starts its operation in the Eurasian Patent Office

The program of accelerated substantive examination of international applications (PCT-PPH) has been launched by the Eurasian Patent Office as of July 1, 2016. The program has been developed in order to reduce the time and improve the efficiency of the substantive examination of international applications entering the Eurasian regional phase.

In order the application could undergo accelerated examination under the pilot program it should comply with the following requirements:

  1. Written Opinion or IPRP in respect of the PCT application has to be prepared by one of the following offices: US, European, Russian, Korean or Japanese.
  2. According to the conclusion of the Written Opinion or IPRP it has to be determined that the invention characterized by at least one or a group of claims satisfies the requirements of patentability.
  3. The set of claims of the Eurasian national phase application has to correspond to the set of claims of the PCT application or significantly correspond to those claims deemed to satisfy the requirements of patentability.
  4. The set of claims should not contain more than 20 claims in total and more than 2 independent claims with the exception of inventions relating to chemical or medical inventions.
  5. As the substantive examination for the Eurasian regional phase applications is requested by the expiration of the 31-month time limit, the request for accelerated prosecution has to be filed before the first notification of substantive examination is issued.

Along with the request of accelerated examination the following documents have to be submitted:

  • table of correspondence between the claims of the PCT application and Eurasian national phase application;
  • Russian translation of the Written Opinion or IPRP, if not present in the WIPO database;
  • copies of non-patent literature cited in Written Opinion or IPRP with Russian translation thereof.

The Eurasian legislation stipulates that upon satisfaction of the request for acceleration that has to be made within 5 days from submission of the request, the first examination report or decision of grant of the patent has to be issued within another 3 months.

The PCT-PPH program in Eurasia will stay into force for a period one year.


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