The Eurasian Patent Organization: A growing attraction

The Eurasian Patent Organization (EAPO) offers a system for regional patent protection in eight member states: Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russian Federation, Tajikistan, and Turkmenistan. 

Since the signing of the Eurasian Patent Convention in 1995, the EAPO has attracted foreign applicants due to its single examination procedure, uniform patent protection, and wide geographical coverage. 

Being an international intergovernmental organisation, the EAPO operates independently from the Russian Ministry of Economic Development, despite its location in Moscow.

Once granted, a Eurasian patent holds the same status as a national patent. It is kept in force in selected member states by paying annuity fees to the Eurasian Patent Office. 

The prosecution proceedings are conducted in Russian, and there is no requirement for additional translations or validation fees after the patent is granted.

Most applicants select to keep Eurasian patents in force at least in Russia and Kazakhstan. Statistics from the patent office reveal that in 2023, of the total valid Eurasian patents (19,828), 96% were in force in Russia, 64% in Kazakhstan, 58% in Belarus, and 49% in Azerbaijan. 

The remaining member states each had between 8,325 and 8,834 valid Eurasian patents (42–45%).

Eurasian filings on the rise

The number of patent filings has been increasing, with the Eurasian patent system gaining popularity among foreign applicants. While filings in some national patent offices have decreased, in particular the Russian Patent Office, Eurasian filings have been steadily growing.

In 2023, the Eurasian Patent Office received 3,203 patent applications from outside of the Eurasian member states, a 3.4% increase compared to 2022 and 87% of all Eurasian applications. 

In particular, applicants from the US filed 1,171 applications in 2022—more than any other year in the past—and 1,122 in 2023. The US was also the country with the most Eurasian patents granted in 2023 (868), followed by Russia (682), Germany (257), and Switzerland (209).

Similarly to the past, the pharmaceutical industry and medical sector accounted for the largest share of Eurasian patent applications. Specifically, 23.1% of the applications filed in 2023 related to preparations for medical purposes , 26.4% related to organic chemistry , and 8.1% related to medical science.

On the other hand, applications related to electricity, circuitry, electronic communication, etc—were underrepresented, as they totalled only 2.34% of all filed applications.

Efficient examination phase

The Eurasian Patent Office encourages electronic filing of patent applications. In the past year, 98% of all applications were filed electronically, compared to only 83% in 2019. Presently, almost all official correspondence (92%) is issued exclusively in electronic form.

The patent office has been conducting examinations swiftly and without unnecessary delays. In 2023, the average examination term for Eurasian patent applications continued to decrease—the average first action period was 8.9 months (10.9 months in 2022). 

The Mechanics and Physics Division issued the first office action within 2.64 months (5.6 months in 2022) and the Chemistry and Medicines Division within 12.4 months (14.8 months in 2022).

To accommodate the growing number of applications, the Eurasian Patent Office has increased its official fees significantly over the past two years. In July 2022, the fees were raised by 25–30%, and there was an additional 25% increase in January 2024. Currently, the Eurasian filing fee (RUB 50,000, US $565) is approximately 13–15 times higher than the filing fees for national applications in countries such as Kazakhstan or Russia. 

However, the disparity is less significant in examination fees, with the Eurasian examination fee being about five times higher. If patent protection is sought in at least two Eurasian member states, the level of the Eurasian official fees can be justified due to the streamlined single process, which avoids multiple separate prosecution proceedings before various patent offices.

The official fee schedule is denominated in rubles, with settlement available in various currencies such as USD, euro, and ruble. The patent office maintains multiple accounts in different banks, including IDBank in the Republic of Armenia.

Outlook

The Eurasian Patent Office is an independent intergovernmental organisation that offers a single examination procedure in one language. It continues to attract foreign applicants, as evidenced by a steadily growing number of new patent applications. 

In addition to providing wide geographical coverage, uniform patent protection, and swift, predictable examination, the Eurasian system offers flexibility in matters relating to claim construction, as well as due date extensions and reinstatements.

Erik Viik is a patent attorney at Papula-Nevinpat. He can be contacted at erik.viik@papula-nevinpat.com