December 27, 2016
Introduction of the amendments and additions to the Patent Instruction of the Eurasian Patent Convention

On November 01-03, 2016 the amendments and additions to the Patent Instruction for the Eurasian Patent Convention were ratified by the Administrative Council of the Eurasian Patent Office.

The main amendments adopted to the Patent Instruction are the following:

  • the procedure of filing the opposition by the third parties against the extension of the validity term of the Eurasian patent is introduced;
  • as the independent ground for the cancellation of the Eurasian patent and its invalidation in the territory of the member-State the condition of insufficiency of the invention disclosure is introduced;
  • the procedure of granting indulgence in respect of the deadlines for performing the procedural acts on obtaining the Eurasian patent is harmonized with the provisions of the Patent Law Treaty (PLT) and the Patent Cooperation Treaty (PCT);
  • while consideration of the restitution claims in respect of the Eurasian application or patent the usage of only one “inadvertency” criterion is prescribed;
  • during the procedure of the consideration of oppositions against the refusal decisions of the EAPO the submitting of the amended patent claim by the applicant is stipulated;
  • the official legal status of EAPO’s outgoing correspondence transmitted in electronic form as well as the materials of Eurasian applications and patents which stored in electronic form is established;
  • a scope of persons benefiting from the payment of patent fees is clarified.

The amendments will come into force on January 01, 2017 and aim to improve the Eurasian patent proceedings in accordance with the worldwide patent law development trends by modifying the former patent proceedings as well as inclusion of the new arrangements.

The current version of the Patent Instruction based on the above-mentioned amendments is available on the EAPO official website:

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