On March 17, 2021, the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention, adopted in 2019, entered into force.
Five countries participating in the Eurasian Patent Organization have already completed all the necessary procedures for the ratification of the protocol – Azerbaijan, Armenia, Kazakhstan, Kyrgyzstan, and Russia. Belarus, Tajikistan, and Turkmenistan have not yet submitted the protocols of ratification to the depositary.
The start date for accepting applications for the grant of Eurasian patents for industrial designs will be determined by the decision of the EAPO Administrative Council, whose meeting is scheduled for April 14, 2021. The meeting is expected to adopt regulatory legal acts of the Organization for the Legal Protection of Industrial Designs.
It will be possible to obtain a Eurasian patent for an industrial design by filing an application with the EAPO or with the national patent office of a member state of the Organization. Regardless of the method of filing, applications will be considered according to a single procedure. The application language is Russian.
If the applicant is not a resident of the EAPO member country, the representation of a patent attorney registered with the Eurasian Office is required.
The term of the patent will be 5 years from the filing date with the possibility of extending the rights for up to 25 years.
In case of refusal to issue a Eurasian patent for an industrial design, the applicant, within 6 months, may convert the Eurasian application into a national one, indicating the filing date or priority date specified in the Eurasian patent application.