Since June 1, 2021, the Eurasian patent office has been started to accept applications for industrial designs. For this moment, the Protocol on the Protection of Industrial Designs regulating the legal aspects of obtaining a Eurasian patent for an industrial design is ratified by only 5 countries out of 8 member states, namely: Russia Kazakhstan. Azerbaijan, Armenia and Kyrgyzstan.

The procedure of a Eurasian design registration is centralized which means that the applicant should deal with only one Patent Office and should be represented before the Office by one IP attorney as well as pay the official fees to the same single Office for all the Eurasian convention countries signed the Protocol.

Another benefit of the procedure of a Eurasian design patent registration is its cost, which is rather lower than payment of the official and representative’s fees for the design registration in each country of the Eurasian convention separately.

THE PROCEDURE

Filing and Examination
After filing the application on Eurasian industrial design the Eurasian patent Office conducts a preliminary examination, during which the compliance of the application with formal and other requirements is checked for establishing the filing date.

After the successful completion of the preliminary examination, the Office publishes the application on its website. On the basis of the published application, third parties may file objections to the Patent Office to the registration of the Eurasian industrial design.

Further, the Eurasian Patent Office is carrying out a substantive examination, during which the submitted objections to the registration of the Eurasian industrial design and the applicant’s responses to them are also considered. Based on the results of the substantive examination, a decision to grant the Eurasian patent or refusal of its registration is issued.

Grant of the patent
If the application has successfully passed the examination stage, a decision on registration is issued. The Office publishes information about the patent and issues a certificate, subject to payment of the appropriate fee.

The duration of a Eurasian patent for an industrial design is 5 years from the date of filing the application. This term may be extended for further 5 years up to summary patent duration of 25 years.