Eurasia - amendments in Patent Regulations
According to the official website of the Eurasian Patent Office (EAPO), amendments and addenda to Part I. Inventions and Part II. Industrial Designs of the Patent Regulations to the Eurasian Patent Convention (EAPC) came into force with effect on November 1, 2022.
The main developments concern the filing of digital three-dimensional models with Eurasian applications, deadlines for filing objections under the administrative cancellation proceedings with respect to Eurasian patents, and improved procedures of obtaining patents on inventions and industrial designs. The scope of examination in relation to industrial designs was expanded, as well as the range of methods to exclude outer elements of the product, for which protection is not sought.
The most significant update in the Patent Regulations is the opportunity (as of November 1, 2022) to file digital three-dimensional models (3D models) in relation to Eurasian applications for inventions and for industrial designs. The technical requirements for submitted 3D models will be published in the Technical Regulations of EAPO-Online. The first application for a Eurasian industrial design patent containing a 3D model was already filed on November 3, 2022.
Longer deadlines for filing objections
Starting November 1, 2022, the deadlines for filing opposition against Eurasian patents for inventions in accordance with Rule 53 (1) of the Patent Regulations as well as the deadlines for filing invalidation requests against Eurasian patents for industrial designs in accordance with Rule 116 (2) of the Patent Regulations were extended. The deadlines for such proceedings will now be nine months from the date of publication of a Eurasian patent for an invention or a Eurasian patent for an industrial design, respectively.
Granting a Eurasian patent
Amendments and addenda introduced to Part I. Inventions of the Patent Regulations concern obtaining Eurasian invention patents and are aimed to speed up the procedure. In particular, according to the new wording of Rule 49 (3) of the Patent Regulations, amendments to the claims are allowed until the notice of readiness to grant a Eurasian patent is forwarded to the applicant.
The amendments to Part II. Industrial Designs of the Patent Regulations expand the scope of substantive examination with respect to industrial design applications, as well as increase the range of methods that may be used to exclude outer elements of the product, for which protection is not sought. In addition, the updated regulations allow the applicant to forgo submitting a paper copy of the earlier application if said application is available to the EAPO via the WIPO Digital Access Service to patent documents (WIPO DAS).